| Compromise and Settlement Law |
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Cell Therapeutics, Inc. v. Lash Group, Inc.; Documedics Acquisition Co., Inc.
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The False Claims Act (“FCA”) was designed to encourage reporting of false or fraudulent claims that are submitted to the federal government for approval or payment. Typically a relator—a whistle-blowing employee, a business partner or competitor—brings suit “for the benefit of the United States.” Mortgages, Inc. v. U.S. Dist. Ct., 934 F.2d 209, 210 (9th Cir. 1991) (per curiam). The gov... More... $0 (11-19-2009 - WA)
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James W. Powell, Jr. v. City of Newton
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James W. Powell, Jr. (“plaintiff”) appeals the 27 May 2008 order requiring him to execute a settlement agreement and quitclaim deed. Defendant City of Newton (“the city”), third-party defendant Shaver Wood Products, Inc. (“Shaver”), and third-party defendant W.K. Dickson Engineering, Inc. (“Dickson”) (collectively “defendants”) appeal the 19 August 2008 order denying their moti... More... $0 (10-20-2009 - NC)
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Dodge City Implement, Inc., et al. v. The Board of County Commissioners of the County of Barber, et al.
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This case arises out of a collision between a Burlington Northern and Santa Fe Freight (BNSF) train and a truck owned by Dodge City Implement, Inc. (DCI). BNSF filed suit in federal court against DCI and its employee driver, Justin Slattery. After that action was settled, plaintiffs DCI and Slattery pursued this suit against defendants Barber County (County) and Moore Township (Township) under neg... More... $0 (04-27-2009 - KS)
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Capital Credit & Collection Services, Inc. v. Fariba T. Armani fka Fariba T. Robinson
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Plaintiff Capital Credit & Collection Services, Inc., a debt collector, brought this action to collect $3,990.57 in principal, interest, and attorney fees on a guaranty of a student loan that defendant signed for a friend, Armani. (1) Plaintiff alleged that it had been assigned a claim for the principal of the loan by the creditor, United States National Bank (US Bank). Defendant's amended answe... More... $0 (04-22-2009 - OR)
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Hyundai Motor America v. Angela R. Alley
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Appellant, Hyundai Motor America, is appealing a decision by the Circuit Court for Cecil County awarding attorney’s fees to appellee, Angela Alley, under the fee shifting provisions of the Maryland Automotive Warranty Enforcement Act, the Maryland Consumer Protection Act, and the federal Magnuson-Moss Warranty Act. The fees were awarded after the parties negotiated a settlement of the case, and ... More... $0 (12-02-2008 - MD)
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McDonwell Welding & Pipefitting, Inc. v. United States Gypsum Company, et al.
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Plaintiff brought this action, alleging that defendants had failed to pay for work that plaintiff had done on a construction project. Defendants denied that allegation and alleged, as an affirmative defense, that plaintiff had agreed to release its claims against defendants in return for defendants' paying plaintiff $896,000. Defendants also counterclaimed for specific performance of that settle... More... $0 (09-18-2008 - OR)
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Theresa D. Messer v. Huntington Anesthesia Group, Inc., et al.
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This case is before us on appeal for a second time. In the first appeal (hereinafter “Messer I”), (See footnote 1) we reversed the dismissal by the lower court of Theresa D. Messer's discrimination suit based on handicap. Ms. Messer (hereinafter “Appellant”) now appeals from the January 11, 2007, order of the Circuit Court of Cabell County granting summary judgment to the defendants ... More... $0 (06-26-2008 - WV)
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Mary Ryan, et al. v. Roman Catholic Bishop of Providence, et al.
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The plaintiffs, Mary Ryan and Thomas Ryan, appeal
to this Court from the motion justice's1 entry of judgment, pursuant to Rule 54(b) of the Superior
Court Rules of Civil Procedure, in favor of the following defendants: Most Reverend Louis E.
Gelineau, Most Reverend Daniel P. Reilly, Most Reverend Kenneth A. Angell, the Roman
Catholic Bishop of Providence (a corporation sole), and Saint Thomas ... More... $0 (02-08-2008 - RI)
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Adrian Baker v. Federal Express Corporation
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Adrian Baker settled his negligence claim against Federal Express Corporation ("Fed Ex") during trial, before the court submitted the case to the jury. After Baker nonsuited the case, the trial court held a hearing on his previously filed sanctions motion and imposed a $1,000 sanction against Fed Ex for spoliation of evidence. Baker appeals, contending that (1) the trial court erred ... More... $0 (10-27-2006 - TX)
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Joshua Josephs v. Pacific Bell Telephone
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In this appeal we must resolve issues arising from the
employment discrimination action brought against Pacific
Bell Telephone Company (PacBell) by a former service technician,
Joshua Liam Josephs. After the jury rendered a verdict
for Josephs on his claim alleging that PacBell's decision to
deny him reinstatement violated the Americans with Disabilities
Act of 1990, 42 U.S.C. § 12101 et.... More... $500000 (12-29-2005 - CA)
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MARIO BADILLO v.
MID CENTURY INSURANCE COMPANY
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1 The dispositive issue is whether under the uncontested facts, the trial court should have found as a matter of law that the liability insurer did not violate its duty of good faith and fair dealing to its insured. We hold that the uncontested facts do not support a breach of the duty and therefore the trial court should have granted the appellants' motion for a directed verdict.
I. FACT... More... $0 (06-08-2004 - OK)
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Mir Kazem Kashani, et al. v. Tsann Kuen China Enterprise Co., Ltd., et al.
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Plaintiffs Mir Kazem Kashani, Manoutcher G. Nikfarjam, and Shantia
Hassanshahi (collectively plaintiffs) allege in their second amended complaint that they
and defendant Tsann Kuen China Enterprise Co., Ltd., a Chinese corporation that is the
parent corporation or owner of the other named defendants (collectively defendants),
executed a written agreement whereby plaintiffs would establish... More... $0 (05-11-2004 - CA)
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In re: Bankruptcy of Mark Nutritionals Inc. of San Antonio
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On the 27th day of January, 2004, came on to be considered the "Joint Motion of the State
of Texas and the Chapter 7 Trustee For Approval of Compromise and Settlement" (Docket No.
409, "the Motion").
1. The Court notes that an Objection to the proposed settlement was filed by counsel for the
Consumer Class Action (Docket No. 432), but has been resolved and withdrawn by agreement.
2. ... More... $1000000 (02-11-2004 - TX)
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First Nat. Bank of Omaha v. Acceptance Ins. Co.and Robert F. Swartzbaugh.
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This action commenced with a petition of interpleader filed by the First National Bank of Omaha (FNB) asking the court to determine the ownership of approximately 20,396 shares of Acceptance Insurance Companies, Inc. (Acceptance), common stock which FNB was holding in escrow under agreements between Acceptance, Robert F. Swartzbaugh, and others. The litigated issues were between Acceptance and Swa... More... $0 (01-27-2004 - NE)
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Ameristar Jet Charter, Inc., and Sierra American Corporation v. Dodson International Parts, Inc.; Houston Casualty Company and Howe Associates, Inc
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This appeal stems from complex commercial litigation involving an airplane that made an emergency landing near Kansas City's Downtown Airport. The parties to this appeal include the airplane's owner/operator; the company that insured the airplane; and the company that hauled the airplane after the landing. The plane's owner/operator sued the insurance company and the hauler to recover damages purp... More... $1500000 (01-20-2004 - MO)
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Abdiwali Abdi Musse and Allstate Insurance Co. v. Arnulfo Garcia
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Allstate Indemnity Company intervened in its insured's third-party litigation against a tortfeasor to protect its lien for personal injury protection (PIP) benefits that had been paid. Ultimately, the third-party litigation was settled, and the district court awarded the insured's attorney 25% of the PIP subrogation recovery as attorney fees. Allstate appeals, contending the law does not provid... More... $0 (05-14-2003 - KS)
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Borough of Haledon v. Borough of North Haledon, et al
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Plaintiff Borough of Haledon appeals from summary judgment orders entered in favor of the Boroughs of North Haledon and Hawthorne, and certain developers, the intervenors K. Hovnanian North Central Acquisitions, LLC (Hovnanian), and Summit Point Developers, LLC (Summit), requesting enforcement of claimed exclusive water supply rights with North Haledon for three development projects and allegin... More... $0 (03-17-2003 - NJ)
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Jason F. Ferguson v. Shane A. "Andy" Smith and State Farm Automobile Insurance Company
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Ferguson, Curtis Brading, and Shane Smith were involved in a single car accident in a vehicle owned by Smith's parents. State Farm was the liability carrier on the Smith car. Fifteen-year-old Ferguson, who claimed to have no memory of the accident, sustained injuries as a result of it. Smith and Brading informed police that Smith had been driving the vehicle. Smith also told State Farm claims s... More... $0 (02-28-2003 - KS)
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Kristin Wilkinson, Appellant V. Jamie Cidzik and Jerry Cidzik, Appellees
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This is an appeal from a judgment signed April 4, 2002.
February 11, 2003, the parties filed an agreed motion to dismiss the appeal in order to effectuate a compromise and settlement agreement. See Tex. R. App. P. 42.1. The parties ask that we set aside the judgment of the County Civil Court at Law No. 1 without regard to the merits of the appeal, and remand the cause to the trial court fo... More... $0 (02-20-2003 - TX)
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Harvey Lerer, et al. v. Stephen Lerer
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Appellants sued Stephen Lerer and Katie Lerer in 1996, alleging Stephen and Katie were liable to appellants under various legal theories for actions taken by Stephen and Katie in handling Joseph Lerer's estate and the trusts created by Joseph's will. The parties submitted the case for mediation and executed the MSA.
The MSA stated more formal settlement documents would be drafted by S... More... $0 (11-27-2002 - TX)
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Mona Electrical Services, Inc., et al. v. Wade O. Shelton
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Section 9-736(b)(3) of the Workers' Compensation Act ("Act")provides that the Workers' Compensation Commission "may not modify an award unless the modification is applied for within five years after the last compensation payment." Md. Code Ann. (1991, 1999 Repl. Vol.), § 9-736 of the Lab. & Empl. Article1. The question presented by this appeal is whether the five-year limitations period of that... More... $0 (11-07-2002 - MD)
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Jerry A. Berardi, et al. v. Meadowbrook Mall Company, et al.
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Jerry A. Berardi (hereinafter referred to as "Mr. Berardi"), Betty J. Berardi, and Bentley Corporation, plaintiffs below/appellants (hereinafter collectively referred to as "the Berardis"), seek reversal of a summary judgment granted to Meadowbrook Mall Company, an Ohio Limited Partnership, and the Cafaro Company (hereinafter referred to as "Cafaro Company"), an Ohio Corporation, defendants below/... More... $0 (11-07-2002 - WV)
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O'Neill v. Gallant Insurance Co.
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In this case, an insurance company took its small stake in the outcome of a personal-injury claim, $20,000 worth of liability coverage purchased by one of its customers, and transformed it into a multimillion-dollar judgment against the carrier. For reasons that are not entirely clear, John Moss, executive vice president of Warrior Insurance Group(1), the person primarily responsible for this a... More... $0 (04-23-2002 - IL)
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David Riner, et al. v. H. William Newbaugh, et al.
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Mr. and Mrs. Riner appeal from the March 16, 2001, order of the Circuit Court of Berkeley, denying their motion to alter or amend the judgment entered on February 13, 2001, that pertains to enforcement of a settlement agreement that was reached as a result of a court-ordered mediation. While the Riners signed the Mediation Settlement Agreement, which was prepared by mediator Patrick Henry, (See ... More... $0 (04-08-2002 - WV)
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William R. Bown v. Harold Sparks, et al.
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In this appeal, William R. Brown seeks reversal of the
circuit court's judgment holding that Brown's motion for
judgment was precluded by an accord and satisfaction.
Brown and Harold Sparks, an employee of Interstate
Batteries of Raleigh, N.C., t/a Interstate Battery Systems of
Southern Virginia (Interstate), had an altercation on
Interstate's business premises. Brown and Sparks swo... More... $0 (11-02-2001 - VA)
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