Conversion Law
 
Arthur Firstenberg v. City of Santa Fe, New Mexico

Electromagnetic radiation is a form of energy ubiquitous in our modern world, associated with everything from WiFi networks to microwave ovens to power lines. Most of us do not notice it. Some individuals, however, apparently suffer from a condition known as electromagnetic hypersensitivity (“EHS”), which requires them to avoid exposure to sources of electromagnetic radiation. These sources in... More...   $0 (10-10-2012 - NM)

Lauren Whenry DDS v. Mark D. Tiernan DMD and Associates, P.C.

Lauren Whenry DDS sued Mark D. Tiernan DMD and Associates, P.C. on a breach of contract theory and embezzlement theories.

Defendant counterclaimed asserting claims based on conversion, breach of contract, and bad faith breach of written contract theories.

1. On November 3, 2008, Plaintiff entered into an Employment Agreement with Defendant to be employed as a professional dentist (t... More...
   $1 (10-08-2012 - OK)

Voices of Rural Living v. El Dorado Irrigation District

Defendant El Dorado Irrigation District (EID) entered into an agreement to provide water to a casino located on tribal land held by real party in interest Shingle Springs Band of Miwok Indians (the Tribe). EID determined the agreement was exempt from environmental review under the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq. (CEQA)) pursuant to a categorical exemptio... More...   $0 (10-04-2012 - CA)

Robert S. Lemer v. Carol Coggins

Appellant Robert S. Lemer, who was substituted as plaintiff for Constance L. Nelson (Connie), now deceased, challenges the trial court's summary judgment entered against Connie and in favor of appellees Carol Coggins and Harley Jerome Coggins. By four issues which we reorganize as one, Lemer contends that the trial court erred in granting the Cogginses' motion for summary judgment because Connie's... More...   $0 (10-04-2012 - TX)

Greater Houston Radiation Oncology, P.A. v. Sadler Association, P.A.

This is an appeal from a judgment rendered after a jury verdict that awarded Sadler Clinic Association, P.A. tort damages in the amount of $307,935 and Oncology Reimbursement Services, L.P. contract damages in the amount of $57,583. Sadler Clinic Association, P.A., Greater Houston Radiation Oncology, P.A., and Oncology Management Services, L.P. were awarded no damages on their breach of contract c... More...   $0 (10-04-2012 - TX)

DSW Masters Holding Corp. and Mike LeBlanc v. Detective J. Tyree, Individually, National Insurance Crime Bureau, Jay Norris, Individually, Charles Roberts, Individually, Allstate Insurance Company, Geico Insurance Company, Kenneth Burton, AA Wrecker Service and Detective Josh Boyd

This appeal stems from an investigation and prosecution related to allegedly illegal business practices in repairing damage to automobiles. In seven issues, appellants and plaintiffs at trial, DSW Masters Holding Corp. (DSW) and Mike LeBlanc (LeBlanc), who is DSW’s president, ask us to reverse the trial court’s judgment granting the motions for summary judgment filed by the appellees listed ab... More...   $0 (10-04-2012 - TX)

Chris and Ronda Turner v. Gerrell Beaty d/b/a Old School Construction and Carlene E. Beaty

Chris and Ronda Turner sued Gerrell Beaty d/b/a Old School Construction and Carlene E. Beaty claiming:

1. Plaintiffs are residents of Cleveland County.

2. Plaintiffs own the property at 10812 S. Eastside Drive in Oklahoma City,
Oklahoma.

3. Defendant, Gerrell Beaty dlbla Old School Construction, is an
Oklahoma company.

4. Defendant partially constructed ... More...
   $301172 (10-03-2012 - OK)

Mario Fiallo v. Allstate Insurance Company

The plaintiff, Mario Fiallo, appeals from the judgment of the trial court denying his request to amend his complaint to add bad faith claims after a jury verdict in his favor and granting the motion of the defendant, Allstate Insurance Company, to subtract amounts from the jury verdict, as contemplated by the plaintiff’s insurance policy, before rendering judgment.

On appeal, the plaintif... More...
   $0 (10-02-2012 - CT)

Don Johnson Productions, Inc. v. Tysher Entertainment

Defendants, Rysher Entertainment, LLC, 2929 Entertainment, LP, and Qualia Capital, LLC, appeal from a judgment entered in favor of plaintiff, Don Johnson Productions, Inc. On December 7, 1994, plaintiff and Rysher Entertainment, LLC entered into a contract for the services of an actor, Don Johnson. Entitled the ―Term Agreement‖ (the contract), it provided for production of the ―Nash Bridges... More...   $0 (10-01-2012 - CA)

Sandhya Desmond v. Yale-New Haven Hospital, Inc.

The plaintiff, Sandhya Desmond, appeals from the judgment of the trial court dismissing her complaint against the defendants, Yale-New Haven Hospital, Inc. (hospital), and Yale-New Haven Health Services, Inc., alleging workers’ compensation fraud; statutory negligence; breach of contract; violations of the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes § 42-110a et seq.; and v... More...   $0 (09-16-2012 - CT)

Tom Codding v. James V. McWhirter

Tom Codding sued James V. McWhirter, McWhirter Developements, II< LLC d/b/a Stonehaven Senior Living and Stonehaven Residential Community and Gemini Solar Construction, Inc. d/b/a Gemini Relators claiming:

1. The Plaintiff is a resident of Oklahoma County, Oklahoma.

2. The Defendant is, upon information and belief, a resident of Oklahoma County, Oklahoma.

3. This action ... More...
   $42619 (09-15-2012 - OK)

Evans Group, Inc. v. Robert Foti

¶ 1. BURGESS, J. Appellant Foti Fuels, Inc. (Foti), a fuel distributor, appeals from the Washington Civil Division’s judgment in favor of Evans Group, Inc. (Evans), also a fuel distributor. Evans cancelled its agreement to sell fuel to Foti for resale and delivery to a retail gasoline station, and sued for payment of an outstanding balance of $68,864. Foti claims the unilateral t... More...   $0 (09-14-2012 - VT)

Indian Springs, LLC v. Terry Andersen

This is an appeal from Power County in which the appellants challenge a judgment ejecting them from real property purchased by the respondent at a mortgage foreclosure sale. The appellants’ primary complaint is that the district court denied their claim for unjust enrichment under which they sought to recover damages for improvements they had made to the real property prior to the foreclosure sa... More...   $0 (09-14-2012 - ID)

Kenneth A. Berdick v. Gabe Costilla

Appellants Kostas, Inc., and Kenneth Berdick appeal a final judgment dismissing with prejudice their complaint against Gabe Costilla. We reverse and remand for further proceedings.

The complaint filed by appellants alleges that Gabe Costilla is the owner and landlord of commercial property he leased to Maria Longo through her power of attorney, Constantine Angeles. Longo leased the property... More...
   $0 (09-14-2012 - FL)

Brian Hartis v. Chicago Title Insurance Co

Brian D. Hartis and Jacqueline H. Hartis (collectively, "the Hartises") appeal from the district court's denial of their 1 motion to remand their suit against Chicago Title Insurance Company ("Chicago Title") to state court. They argue that the district court erroneously determined that the amount in controversy exceeds $5 million under the Class Action Fairness Act (CAFA). In the alternative, the... More...   $0 (09-12-2012 - MO)

Lynn Harding v. Atlas Title Insurance Agency, Inc.

¶1 Lynn and Eileen Harding appeal the trial court’s grant of summary judgment in favor of Atlas Title Insurance Agency, Inc. (Atlas Title); Randy Kidman; Dave White; Jeremy Larkin; and Scott Wilson (collectively, Atlas),1 in which it determined that the Hardings could not demonstrate the proximate cause element of the various causes of action without resorting to speculation. We reverse and rem... More...   $0 (09-10-2012 - UT)

Randal Roy Mallory v. Brigham Young University

¶1 Randal Roy Mallory appeals from the trial court’s order dismissing his First Amended Complaint (the Complaint) for lack of subject matter jurisdiction due to Mallory’s failure to file a notice of claim under the Governmental Immunity Act of Utah (the GIAU).

BACKGROUND3

¶2 On April 12, 2008, after a football game, Mallory was waiting on his motorcycle to enter a public street... More...
   $0 (09-10-2012 - UT)

James E. Gilmore v. Cathy J. Weatherford

Decades of lead and zinc mining in northeastern Oklahoma have left behind piles of mine tailings, known locally as “chat,” that now have value as fill and gravel. This case concerns two chat piles, the Sooner and Ottawa piles, which share a convoluted ownership history. Some of the chat in these piles is owned by descendants of members of the Quapaw Tribe who were deemed incompetent to manage ... More...   $0 (09-05-2012 - OK)

Barry S. Halajian v. D & B Towning

Plaintiff Barry Halajian sued a towing company for (1) wrongfully withholding his personal property, a 1998 Dodge light truck, for 38 days and (2) requiring him to pay $1,385 before releasing the truck. The towing company filed a demurrer, arguing that the pickup truck had been lawfully impounded by the sheriff‟s department and lawfully towed and stored. The towing company also argued that, unde... More...   $0 (09-04-2012 - CA)

DeWitt Businesses, LLC dba STonemen Granit Trailers v. Rodney Johnson

DeWitt Businesses, LLC dba STonemen Granit Trailers sued Rodney Johnson and Lorenzo Rull on a conversion theory.

Defendants counterclaimed on a damage theory. ... More...
   $0 (09-04-2012 - OK)

Jimmy J. Clifton v. Williford Energy Company

Jimmy J. Clifton sued Williford Energy Company on a breach of contract, conversion of revenue proceeds, fraud, wrongful misrepresentation and concealment and breach of fiduciary duty theories.

Williford counter-claimed on unjust enrichment, conversion, fraud, wrongfully mispresentation and concealment and breach of fiduciary duty theories.

The claimed made and defenses asserted are... More...
   $0 (09-02-2012 - OK)

Riverview Park Estates, LLC v. Imperial Investments, LLC

Riverview Park Estates, LLC sued Imperial Investments, LLC, Stephen C. Pereff, Stephen Pereff, Inc., Pereff Properties, Michael J. King, S. Gregory Pittman and Winters, Kin & Associates on equitable relief, quite title, conversion, slander of title and other theories.

Stephen N. Pereff counterclaimed on a conversion, fraud, tortious interference with contractual relations, civil conspira... More...
   $0 (09-01-2012 - OK)

David Plotnik v. John Meihaus, Jr.

Plaintiffs David and Joyce Plotnik sued their neighbor, defendant John Meihaus, Jr. (Meihaus), and two of his sons, defendants Greg Meihaus and John Meihaus III, alleging both contract and tort claims. In part, plaintiffs sought recovery for the emotional distress they suffered when Meihaus injured their dog. The superior court entered a judgment on jury verdicts that awarded David Plotnik over $1... More...   $0 (08-31-2012 - CA)

John Reaves v. Karen Reaves

This is a marital property distribution case. At issue is the characterization of an annuity. The trial court entered a memorandum of decision and confirmed that the annuity was Karen Reaves’s separate property. John filed a motion for reconsideration; Karen filed a motion for the trial court to sign a final divorce decree. Both motions were heard on the same day. The trial court entered a ... More...   $0 (08-31-2012 - TX)

Khosrow Sadeghian v. Willie Hudspeth

In seven points, Appellant Khosrow Sadeghian appeals from the trial court’s judgment awarding Appellee Willie Hudspeth $16,000 on his counterclaims against Sadeghian and $70,210.53 in sanctions, including $20,210.53 in attorney’s fees. Sadeghian challenges the trial court’s jurisdiction over Hudspeth’s counterclaims and the evidence in support of the judgment. Because we hold that part o... More...   $0 (08-31-2012 - TX)

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AK Morlan
Kent Morlan, Esq.
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