This appeal involves two groups of former employees of Salomon Smith Barney and its predecessors and affiliates who, like many similarly situated plaintiffs before them, participated in a deferred compensation plan known as the Capital Accumulation Plan (CAP). For the most part, the plaintiffs' claims rehash unsuccessful claims brought by the plaintiffs in In re Citigroup, Inc. Capital Accumulatio... More...   $0 (07-13-2011 - MA)

This suit under the Alien Tort Statute, 28 U.S.C. § 1350, pits 23 Liberian children against the Firestone Natural Rubber Company, which operates a 118,000-acre rubber plantation in Liberia through a subsidiary; various Firestone affiliates and officers were also joined as defendants. The district court granted summary judgment in favor of all the defendants, but the plaintiffs have appealed only ... More...   $0 (07-11-2011 - IN)

A dishonest employee of a trucking company put money in his pocket while claiming to be buying fuel for his fellow employees. This fraud was perpetrated at a truck stop, where the employee used his company credit card to obtain cash while reporting purchases of fuel. The truck stop paid out the cash, accepting the employee’s bogus explanation that the money was for other employees’ fuel purcha... More...   $0 (07-08-2011 - IA)

In this legal malpractice case brought under Utah law pursuant to the district court’s diversity of citizenship jurisdiction, plaintiff David Young is appealing the memorandum decision and order entered by the district court granting summary judgment in favor of: (1) defendants Kevin Robson, Daniel Bertch, and Bertch & Robson, Inc. (the “Bertch Defendants”); and (2) defendants Gordon Duval, ... More...   $0 (07-08-2011 - UT)

This case was brought in federal court based on diversity jurisdiction under 28 U.S.C. § 1332. After the district court entered interim orders dismissing many claims, entering summary judgment on another, and resolving various discovery disputes, the parties discovered complete diversity never existed and the court lacked subject matter jurisdiction. Rather than dismiss the case in its entirety f... More...   $0 (07-08-2011 - OK)

Monarch Fire Protection District of St. Louis County, Missouri, appeals several adverse rulings in favor of Freedom Consulting & Auditing Services, Inc., Brett Turner, Freedom’s owner, and Karen Indellicati, a Freedom employee. We affirm the district court.1

I.

The International Association of Firefighters Local 2665 (the “Firefighter Union”) represents Monarch’s employees. T... More...   $0 (07-07-2011 - MO)

Frannie Walden sued Kayce Brians on a breach of contract theory. Defendant counterclaimed on replevin, conversion, breach of constructive trust, breach of implied contact and unjust enrichment.... More...   $1 (07-05-2011 - OK)

Appellant David C. Onyiuke, proceeding pro se, appeals from the orders of the United States District Court for the District of New Jersey dismissing his complaint for lack of subject matter jurisdiction and denying his motion for reconsideration. For the reasons that follow, we will affirm the orders of the District Court.

I.

In April 2009, Onyiuke filed an amended complaint against ... More...   $0 (07-05-2011 - NJ)

Aaron Smeigh brings this diversity suit against his former employer, Johns Manville (JM), for retaliatory discharge and civil conversion under Indiana law. He alleges that JM wrongfully terminated his employment for filing a workers’ compensation claim and unlawfully retained his personal property after his termination.

JM moved for summary judgment on Smeigh’s claims and the district c... More...   $0 (06-30-2011 - IN)

Appellant Jerry Valdez contests the award of attorney’s fees to appellee Bruce Robertson, Jr. and expenses to appellee Dorothy H. Mello from the guardianship estate of Martha Jane Valdez, deceased. Appellant raises several points of error. We reverse and remand for further proceedings in accordance with this opinion.

FACTUAL AND PROCEDURAL BACKGROUND

Martha Jane Valdez (“Martha... More...   $0 (06-30-2011 - TX)

Plaintiffs-Appellants appeal the judgment of the District Court for the Southern District of New York (Marrero, J.), dismissing their complaint for failure to state a claim. Plaintiffs- Appellants argue that the Child Status Protection Act, and in particular 8 U.S.C. § 1153(h)(3), entitles Duo Cen, an alien who aged out of eligibility for an immigrant visa as a derivative beneficiary to his grand... More...   $0 (06-30-2011 - NY)

Appellant Dan Billingsley appeals the order of the Saline County Circuit Court after a bench trial that awarded appellee Planit Dirt Excavation and Concrete, Inc., 1 damages, costs, and attorney’s fees for breach of contract. We dismiss for lack of a final order. The parties contracted for the construction of a swimming-pool project on Dan’s property in Benton, Arkansas. Verbal disagreement en... More...   $0 (06-22-2011 - AR)

A jury awarded Respondent Jon Gunderson $1.7 million in compensatory damages and $800,000 in punitive damages against Appellants Richard Wall and Welded Fixtures, Inc. Appellants paid the judgment and filed an appeal. In a prior decision, we affirmed the jury‟s award of compensatory damages, but ruled there was insufficient evidence to support punitive damages. Gunderson voluntarily repaid Appel... More...   $0 (06-22-2011 - CA)

Defendants-Appellants Dennis, Jeff, and Michael Mastro (collectively, the Mastros) appeal from the district court’s order enjoining arbitration and denying their motion to stay judicial proceedings under section 3 of the Federal Arbitration Act (FAA), 9 U.S.C. § 3.

In connection with an asset purchase transaction, the Mastros and Plaintiff-Appellee John Momot entered into an allocation a... More...   $0 (06-22-2011 - NV)

This is a shareholder derivative action by minority shareholder Mark S. Reilly against a corporation and its majority shareholder, Lena Brion, and as relevant here, the corporation's outside counsel, Greenwald & Hoffman, LLP, and Paul E. Greenwald (together, Greenwald). The complaint alleges causes of action against Greenwald for negligent and tortious conduct for facilitating the majority shareho... More...   $0 (06-20-2011 - CA)

Plaintiff Yan Sui appeals from the judgment dismissing with prejudice his action against defendants Stephen D. Price and 2176 Pacific Homeowners Association after the court sustained without leave to amend defendants‟ demurrer to plaintiff‟s complaint. The court ruled the complaint did not state facts sufficient to constitute a cause of action and could not be fixed. We affirm.

FACTSMore...   $0 (06-20-2011 - CA)

The plaintiff, The Shelter Harbor Conservation Society, Inc. (the Society or plaintiff), appeals from a Superior Court judgment granting Charles A. and Nancy L. Rogers’s (the Rogerses or defendants) motion for summary judgment. The Society argues that a genuine issue of material fact exists about whether the defendants’ lots had merged under the zoning ordinance of Westerly, Rhode Island. Spec... More...   $0 (06-17-2011 - RI)

Eonic Creations, Inc. and its founder, James Jolly Clark, (collectively, the "Appellees") sued investor C. Michael Lucas for breach of contract and various claims of tortious conduct. When Lucas failed to respond to the Appellees' petition, the trial court issued a default judgment in favor of the Appellees and awarded unliquidated damages of $75,000 to James Jolly Clark and $9,925,000 to Eonic Cr... More...   $0 (06-17-2011 - TX)

Osborn Engineering, Inc sued David Carrier and Deena Carrier on embezzlement and conversion theories.

The claims made and defenses asserted are not available.... More...   $847226 (06-16-2011 - OK)

In this probate dispute, an unsecured estate creditor appeals the trial court’s summary judgment in favor of the estate’s independent executrix. The creditor sued the executrix, individually, for breach of fiduciary duty, for various negligence and fraud claims, and for conversion. On appeal, the creditor contends that the trial court erred in granting summary judgment on his negligence, gro... More...   $0 (06-16-2011 - TX)

Dalal Monroe (“Dalal”) appeals from a final decree of divorce. On appeal, Dalal contends (1) the evidence is legally and factually insufficient to support certain findings of fact, and (2) the trial court abused its discretion in the division of the parties’ community estate. After this appeal was filed, David Monroe (“David”) filed a motion to dismiss the appeal based on the acceptanc... More...   $0 (06-15-2011 - TX)

Plaintiffs and respondents Stephen Andersen (Stephen) and Kathleen Brandt (Kathleen) are the children of decedent Wayne Andersen (Wayne), who died April 28, 2006.1 Plaintiff John Andersen (John), not a party to this appeal, is Stephen‟s son and Wayne‟s grandson. Appellant Pauline Hunt (Pauline) was Wayne‟s long-term romantic partner. Taylor Profita (Taylor) is Pauline‟s grandson.

In... More...   $0 (06-14-2011 - CA)

Estate of Brian Lacy, Kimberly Kitchingham, Randy Lidster and the Estate of Bessie Thompson sued Cooper Tire and RubberCompany; Handi Cap Aids Co.; Braun Entervan, Inc.; Braun Corporation; Nancy French Accounting Services, Inc.; Handi Cap Aids Rental Vans, Inc.; Handi Cap Aids of Oklahoma, Inc.; FRN of Oklahoma, LLC; FRN of Tulsa, LLC; FRN of OKC, LLC; Ford Motor Company; Fred Jones; Consolidated... More...   $1 (06-10-2011 - OK)

This appeal relates to 4.5 miles of a railroad right-of-way in Miami County, Kansas, that has been railbanked and is now operated as a recreational trail. Generally, the issues in this appeal focus on the relationship between and the application of the Kansas Recreational Trails Act (KRTA), K.S.A. 58-3211 et seq., and the National Trails System Act, commonly referred to as the federal "Rails to Tr... More...   $0 (06-10-2011 - KS)

In this probate dispute, an unsecured estate creditor appeals the trial court’s summary judgment in favor of the estate’s independent executrix. The creditor sued the executrix, individually, for breach of fiduciary duty, for various negligence and fraud claims, and for conversion. On appeal, the creditor contends that the trial court erred in granting summary judgment on his negligence, gro... More...   $0 (06-09-2011 - TX)