Christine Kay Hanks, Marcella Kay Barone, Nancy Rebecca Humphries, Teresa Ann McCurdy and Ronald Langham sued Christopher P. Edwards and Procidence Home Care, LLC on breach of contract theories claiming:

1. Christine Kay Hanks is an individual whose residence is in Oklahoma County, State of Oklahoma (hereafter, referred to as “Plaintiff, Hanks”). Plaintiff, Hanks, at all times pertin... More...   $0 (12-07-2012 - OK)

Kenneth L. Simington sued Linda Parker, in her official capacity and in her personal capacity and the Oklahoma Department of Rehabilitative Services of Oklahoma claiming:

1. Kenneth L. Simington was a citizen of Oklahoma at all times herein when these actions occurred.

2. Defendant Linda Parker was at all times a citizen of Oklahoma when these actions occurred and was employed full t... More...   $0 (12-07-2012 - ok)

David Duarte sued Daniel Rojas alleging that he and Rojas verbally formed a partnership for the purpose of acquiring and operating ATMs.[1] Duarte sought to establish the existence of the partnership and the value of his one-half interest in the partnership. The jury found that a partnership existed and that the value of Duarte’s one-half interest was $119,000. In accordance with the jury’s... More...   $0 (12-03-2012 - TX)

In this appeal, we consider whether a suit for non-dispositive administrative consolidation of several trusts, filed by guardians of a partially incapacitated person pursuant to Section 112.054 of the Texas Property Code, triggered an in terrorem1 clause in the wills creating the trusts, thus resulting in a forfeiture of the ward’s interest in the trusts. We affirm.

BACKGROUND

The... More...   $0 (12-01-2012 - TX)

In this opinion, we address cross-appeals and a mandamus petition arising out of the foreclosure of a residential property. The borrower, Albert Ortiz, sued the bank and its mortgage servicer for a variety of claims including wrongful foreclosure, breach of contract, negligence, trespass to real property, trespass to personalty, and conversion. The bank counterclaimed to recover on the note and to... More...   $0 (11-24-2012 - TX)

[¶1] These consolidated appeals stem from the Redland family’s dispute over ranch property and operations. Appeals numbered S-12-0010 and S-12-0012 relate to real property that some of the Redland children claim their father, Robert Redland, agreed to place in a family trust. The district court granted Robert Redland partial summary judgment, holding that the claims were barred by the statute o... More...   $0 (11-21-2012 - WY)

¶1 Thomas Kurtz, Derrick Shoemake, Steve Kile, Jess Goins and Jim Simmons (Plaintiffs) appeal an order of the district court granting summary judgment in favor of Defendants Don Clark and Bruce Bradley, an order awarding Clark and Bradley attorney fees, and denial of Plaintiffs' motion for new trial.

BACKGROUND

¶2 This case involves a shareholders derivative suit by shareholder... More...   $0 (11-20-2012 - OK)

This case requires us to explore the parameters of the doctrine of quasi-judicial immunity. The underlying litigation is a will contest turned conspiracy case. The plaintiff prevailed in probate court, but only after two and a half years of pretrial discovery and legal wrangling. All the while, the estate's assets waned and the legal fees waxed.

In the end, the plaintiff, althou... More...   $0 (11-20-2012 - MA)

In this case, we hold that an action lies to recover funds advanced by one party to another, to enable the latter to engage in legal gambling where the agreement reserves the right of the party advancing the money to terminate the relationship and recover money not expended. The trial court ruled otherwise in sustaining a demurrer to the complaint without leave to amend.

According to the ch... More...   $0 (11-11-2012 - CA)

The owners/operators of a hotel appeal a final judgment for money damages, a supplemental final judgment determining that the appellee is entitled to an award of attorney’s fees as prevailing party, and the denial of the appellants’ motion for reconsideration of the supplemental final judgment (or in the alternative, to vacate the supplemental final judgment pursuant to Florida Rule of Civil P... More...   $0 (11-09-2012 - FL)

We are called upon once again to address litigation arising out of a tax avoidance scheme devised in the late 1980s.1 Defendant James Barrett, a financial planner, induced the plaintiffs, four small New Jersey corporations and their respective owners, to adopt an employee welfare benefit plan known as the Employers Participating Insurance Cooperative (―EPIC‖). EPIC‘s advertised tax benefits,... More...   $0 (11-08-2012 - NJ)

Plaintiff Joseph H. Whitney appeals the district court's dismissal of his declaratory judgment, contract, unjust-enrichment, tort, and shareholder claims. Applying a choice-of-law analysis, the district court dismissed the contract and unjust-enrichment claims as barred by a Delaware statute of limitations and dismissed the tort and declaratory judgment claims as derivative of the contract claims.... More...   $0 (11-06-2012 - MN)

Highway 46 Holdings, LLC ("Highway 46"), appeals from the trial court's non-final order refusing to dissolve a temporary injunction entered in an action filed by Highway 46 against two of its members, Michael and Jacqueline Myers ("the Myerses"). The Myerses filed a counterclaim to the action below and cross-appeal from the same order.1 Highway 46 and the Myerses challenge the validity of the inju... More...   $0 (11-05-2012 - FL)

Bianca Ellis, Mark Sroka, and Jaqueline Sroka (collectively, the "Appellants") appeal the district court’s order dismissing their putative class action complaint. They claim that Louisiana-Pacific Corp. ("LP" or the "Appellee") negligently designed and manufactured Trimboard, a composite building product designed and marketed for use as exterior trim around windows and doors, and violated the pr... More...   $0 (11-02-2012 - NC)

Chino MHC, LP (the Owner) owns Lamplighter Chino Mobile Home Park in Chino. It applied to the City of Chino (the City) to convert the park to resident ownership. This is analogous to converting an apartment building into a condominium; it would mean subdividing the park into individual lots, which would be offered for sale to the residents. Resident ownership conversions are governed by Government... More...   $0 (10-31-2012 - CA)

The consolidated appeals in these two cases present the same legal issue: What is the measure of damages for the wrongful injury of a pet? We hold that a pet owner is not limited to the market value of the pet and may recover the reasonable and necessary costs incurred for the treatment and care of the pet attributable to the injury. Accordingly, we reverse the stipulated judgments and remand the ... More...   $0 (10-28-2012 - CA)

This appeal raises a question of first impression involving the interpretation of Chapter 13 of the Bankruptcy Code, 11 U.S.C. §§ 101 et seq., in the common circumstance of a debtor converting his or her case from a Chapter 13 adjustment of debts under a reorganization plan to a Chapter 7 liquidation of assets and distribution to creditors.1 If at the time of conversion the Chapter 13 trustee is... More...   $0 (10-26-2012 - PA)

This is an appeal from a judgment awarding damages in a suit for breach of contract providing for the construction of a residence. Appellant, Westminster Falcon/Trinity L.L.P., appeals the judgment issued in favor of Appellee, Chong Shin, following a bench trial, for $40,000, less a settlement credit of $20,000, plus $50,000 in attorney’s fees. In support of its appeal, Westminster asserts (1) t... More...   $0 (10-25-2012 - TX)

The Convention on Cultural Property Implementation Act ("CPIA"), 19 U.S.C. §§ 2601-2613, provides a mechanism by which foreign countries can request that the United States enact import restrictions on certain articles of cultural significance to prevent their looting and illegal sale. ... More...   $0 (10-23-2012 - )

This case asks us to decide whether particular officers and

employees of a bank owed a quasi-fiduciary duty to particular bank depositors. Michael

and Theresa Annechino deposited a large amount of money at a bank specifically to ensure

that their savings would be protected by the Federal Deposit Insurance Corporation

(FDIC). Depositors and banks generally ... More...   $0 (10-18-2012 - WA)

This appeal is from an order of the trial court resolving a dispute between PV Little Italy, LLC (PV Little Italy) and India Street Venture, LLC (India Street), over their respective rights in a mixed office and retail condominium development in downtown San Diego, known as MetroWork. India Street was the original owner and developer of MetroWork, the centerpiece of which is the retail space that ... More...   $0 (10-18-2012 - CA)

Farmland landlords appeal from the denial of this forcible entry and detainer action. Where the farm tenant cured his material breach by restoration of wetlands and the landlords1 incurred no damages, the landlords are not entitled to forcible entry and detainer.

I. Background Facts and Proceedings.

George Mart previously owned the leased property at issue here─240 acres of farmlan... More...   $0 (10-17-2012 - IA)

In these consolidated interlocutory appeals, Defendants-Appellants, natural gas producers with wells in south central Kansas, challenge a preliminary injunction enjoining them from further gas production from those wells. The district court entered the preliminary injunction after concluding there was a substantial likelihood that Plaintiff-Appellee Northern Natural Gas Co. (“Northern”) will p... More...   $0 (10-17-2012 - KS)

This is an unfortunate story of a business and familial relationship gone bad. Rodney Schoenholz entered into an oral agreement with his sister, Janine Hinzman, for the bailment of farm animals and farm equipment on her land. Four years after their cooperative effort to breed horses broke down, Hinzman sold her farm and the horses. Schoenholz subsequently retrieved most of his equipment from the f... More...   $0 (10-12-2012 - KS)

The question presented by this case is whether statutes of limitations apply to actions for declaratory judgment. Because the Uniform Declaratory Judgments Act, Minn. Stat. ch. 555 (2010), is a procedural device through which parties may vindicate substantive legal rights, we conclude that an action for declaratory judgment is barred by an applicable statute of limitations to the same extent that ... More...   $0 (10-10-2012 - MN)