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Compromise and Settlement Law
 
Dennis Obduskey v. Wells Fargo District of Colorado Federal Courthouse - Denver, Colorado

Plaintiff-Appellant Dennis Obduskey appeals from the district court’s order
granting Defendants-Appellees Wells Fargo and McCarthy and Holthus, LLP’s
motions to dismiss numerous claims, including whether either party was liable as a
“debt collector” under the Fair Debt Collection Practices Act, 15 U.S.C. §§
1692–1692p. Obduskey v. Fargo, No. 15-CV-01734-RBJ, 2016 WL 4091174 (D.
... More...
   $0 (01-20-2018 - CO)

Texas Brine Co. v. Occidential Chemical Corporation Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

Defendant Texas Brine Company, LLC (Texas Brine) operates brine wells on
land owned by Co-Defendant Occidental Chemical Corporation (Oxy) in Louisiana.
In August 2012, a sinkhole appeared near one of these wells. After the sinkhole
appeared, Texas Brine began clean-up efforts. To manage this crisis, Texas Brine
consulted with others. In December 2012, Texas Brine retained Frontier<... More...
   $0 (01-20-2018 - OK)

STATE OF MONTANA v. TERRANCE LEE BRAUNER, a/k/a TERRY-LEE SUPREME COURT OF THE STATE OF MONTANA

In April 2011, Erickson and Gene Johnson (Johnson) were involved in an
altercation, which ended when Erickson struck Johnson in the face, causing Johnson to fall
to the pavement and hit his head. Johnson sustained a serious injury that required
significant medical treatment. In February 2013, a jury found Erickson guilty of criminal
endangerment, a felony in violation of § 45-... More...
   $0 (01-19-2018 - )

STATE OF MONTANA v. DENNIS LEO SCHOWENGERDT Deer Lodge man gets life for wife's murder

The initial facts of the case are undisputed: On December 8, 2012, Schowengerdt
killed his wife, Tina Schowengerdt, by repeatedly stabbing her in their home near Deer
Lodge. The following morning, Schowengerdt drove to the police station in Deer Lodge
and, in a recorded statement, told officers that last night he, “killed that son of a bitch [he]
was living with. So arrest me... More...
   $0 (01-19-2018 - WY)

McMillin Albany, LLC v. The Superior Court of Kern County, Carl Van Tassel, Real Parties in Interest

In Aas v. Superior Court (2000) 24 Cal.4th 627, 632 (Aas), this court held
that the economic loss rule bars homeowners suing in negligence for construction
defects from recovering damages where there is no showing of actual property
damage or personal injury. We explained that requiring a showing of more than
economic loss was necessary to preserve the boundary between tort and con... More...
   $0 (01-19-2018 - CA)

Keith Saunders v. Ford Motor Company, Jeff Marzian, Karen Morrison Western District of Kentucky Federal Courthouse - Louisville, Kentucky

This case involves claims by Keith Saunders
against his employer, Ford Motor Company, under both § 301 of the Labor Management
>
No. 17-5277 Saunders v. Ford Motor Co., et al. Page 2
Relations Act (LMRA), 29 U.S.C. § 185, and Kentucky law. Saunders contends that Ford
breached the applicable collective bargaining agreement (CBA) by twice placing him on
temporary leave—known ... More...
   $0 (01-16-2018 - KY)

Salomon G. martinez v. Department of Health Care Services

The California Department of Health Care Services
(Department) moved to determine the amount of a Medi-Cal lien
on the settlement of plaintiff’s medical malpractice action. (Welf.
& Inst. Code, § 14124.76, subd. (a)1.) The trial court determined
the amount of the lien to be $39,004.41. Plaintiff appeals. We
reduce the amount of the lien by 25 percent for statutory attorney
... More...
   $0 (01-16-2018 - CA)

Western-Southern Life Assurance Company v. George W. Kaleh Southern District of Texas Courthouse - Houston, Texas

This case involves a lender who sued a guarantor for the breach of three personal guarantees. George Kaleh signed the guarantee agreements in conjunction with a real-estate-development project, and Western-Southern Life Assurance Company financed the project. After the borrowers defaulted on the underlying loans, Western foreclosed on the property and sued Kaleh.
The district court conducted a... More...
   $0 (01-15-2018 - TX)

United States of America v. Richard Cundari Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Philadelphia, PA - Doylestown Man to Pay $307,500 to Resolve Civil False Claims Allegations That He Illegally Received Federal Disability Benefits While Concealing Substantial Other Income

Richard Cundari, of Doylestown, Pennsylvania, has agreed to pay $307,500 to resolve civil fraud claims under the False Claims Act. The government’s claims concern allegations that Cundari applied for an... More...
   $307500 (01-14-2018 - PA)

United States, et al., ex rel. Abendano v. NCDR, LLC, et al. District of Connecticut Federal Courthouse - Bridgeport, Connecticut

New Haven, CT - Dental Management Company Benevis and its Affiliated Kool Smiles Dental Clinics to Pay $23.9 Million to Settle False Claims Act Allegations Relating to Medically Unnecessary Pediatric Dental Services

The Justice Department announced today that it has settled False Claims Act allegations against dental management company Benevis LLC (formerly known as NCDR LLC) and more tha... More...
   $33000000 (01-13-2018 - CT)

State of Louisiana v. Navarius Simon

On June 8, 2016, Donna Richardson, Simon’s parole officer, paid a
visit to Simon’s home, located at 400 Topeka Street in Mansfield, Louisiana.
Richardson testified that when she pulled up to the home, Simon, who was
outside washing his carport, noticed her and began walking into the house.
Richardson asked him to stop, but when he continued, she followed him into
the hom... More...
   $0 (01-12-2018 - TX)

STATE OF SOUTH DAKOTA v. RUSSELL RAY BERTRAM

To escape abject poverty, Leonila Stickney came to the United States from the Philippines in 2004 as the 22-year-old, mail-order bride of 73-year-old David Stickney (“Stickney”). In October of the same year, Stickney and Leonila had a son. The three lived together in Bridgewater, where Leonila worked at a nursing home. Every month, Leonila sent $300 of her earnings to help support her family st... More...   $0 (01-11-2018 - )

Evertee Simmons and Dontell Stephens v. Ric Bradshaw, Palm Beach Sheriff Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Dontrell Stephens was shot four times by Deputy Sheriff Adams Lin during
an encounter in West Palm Beach, Florida, on September 13, 2013. As a result,
Stephens now suffers from permanent paralysis.
In an action brought against Deputy Lin as an individual and Sheriff Ric
Bradshaw in his official capacity as the sheriff of Palm Beach County, the district
court granted summary jud... More...
   $0 (01-11-2018 - FL)

UNITED STATES OF AMERICA - v. - JASON SMATHERS United States Court of Appeals for the Second Circuit

The record of Smathers's prosecution, United States v. Smathers, S.D.N.Y. No.2
04CR1273, shows the following. In 2005, Smathers, represented by counsel, pleaded guilty to3
conspiring from about April 2003 through about April 2004, in violation of 18 U.S.C. § 371, to affect4
interstate commerce by relaying and retransmitting deceptive emails in violation of the CAN-SPAM5
Act, 18 U.... More...
   $0 (01-10-2018 - )

UNITED STATES OF AMERICA, EX REL. LAURENCE SCHNEIDER, ET AL. AND LAURENCE SCHNEIDER v. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, ET AL. U.S. Court of Appeals - D.C. Circuit

Appellant Laurence Schneider – also called a Relator – brought a qui tam suit under the False Claims Act against JPMorgan Chase, alleging that Chase falsely claimed compliance with a Settlement it, and a number of other large banks, reached with the United States and state governments. The Settlement – and it is a massive one, costing Chase alone $1.1 billion of cash and over $4.2 billion of in-k... More...   $0 (01-09-2018 - DC)

City of Modesto v. The Dow Chemical Company

In late 1998, the City of Modesto (the City), the City of Modesto Sewer District
No. 1 (the Sewer District) and the Modesto Redevelopment Agency (the RDA) sued
various retail dry cleaning businesses (dry cleaners) operating in Modesto together with
the manufacturers of dry cleaning equipment used at those dry cleaners, and the
manufacturers and distributors of dry cleaning solvent.... More...
   $0 (01-08-2018 - CA)

Bryiant C. Overton v. State of Tennessee Man convicted of Attempted Murder will not see new trial in Murfreesboro

The Petitioner’s convictions relate to an incident in which Darice Brown’s cell phone and handbag were taken from her and she was shot multiple times and left in a remote area. The incident was related to a drug transaction arranged by the victim, in which the Defendant and his codefendants thought they had received counterfeit cocaine from the drug dealer, who was a person known to the victim. ... More...   $0 (01-08-2018 - TN)

Dennis Rasheed Gaye v. State of Tennessee

The Petitioner’s convictions relate to an incident in which Darice Brown’s cell phone and handbag were taken from her and she was shot multiple times and left in a remote area. The incident was related to a drug transaction arranged by the victim, in which the Defendant and his codefendants thought they had received counterfeit cocaine from the drug dealer, who was a person known to the victim. ... More...   $0 (01-08-2018 - )

United States of America v. Adam John Burke, Abdirahin Khalif Ibrahim and Dana Enoch Kidd District of Minnesota Federal Courthouse - Minneapolis, Minnesota

Minneapolis, MN - Federal Jury Finds Edina Chiropractor And His Patient Recruiters Guilty Of Insurance Fraud Conspiracy

ADAM JOHN BURKE, 33, ABDIRAHIN KHALIF IBRAHIM, 26, and DANA ENOCH KIDD, 36, were found guilty for their roles in a multi-million dollar insurance fraud conspiracy. BURKE, IBRAHIM, and KIDD were initially indicted on December 20, 2016, and following a two-week trial befor... More...
   $0 (01-08-2018 - MN)

Todd M. Babin v. Quality Energy Services, Inc. Eastern District of Louisiana Federal Courthouse - New Orleans, Louisiana

Todd M. Babin worked for Quality Energy Services, Inc., until he became disabled in 2012. He applied for short-term disability benefits through Quality Energy’s employee benefit plan. His application was denied in February 2013. In February 2014, he requested documents regarding both the short- and long-term disability plans, but he alleges that Quality Energy never sent those documents to him. Ba... More...   $0 (01-04-2018 - LA)

J. Brent Arave v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

Plaintiff and appellant, J. Brent Arave, brought several claims under the California
Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) against his
former employers, Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch), Bank of
America (BoA), his supervisor Joseph Holsinger, and a human resources supervisor,
Katherine Anderson (collectively, defendants). He ... More...
   $0 (01-04-2018 - CA)

Justin Kim v. Reins International California, Inc.

Appellant Justin Kim sued his former employer, Reins
International California, Inc., alleging individual and class
claims for wage and hour violations, and seeking civil penalties
on behalf of the State of California and aggrieved employees
under Labor Code section 2698 et seq., the Labor Code Private
Attorneys General Act of 2004 (PAGA). Reins successfully moved
to compel ... More...
   $0 (12-31-2017 - CA)

STATE OF MONTANA v. LEE COCHRAN AKERS SUPREME COURT OF THE STATE OF MONTANA

Akers travelled from Tennessee to Montana with four friends, Terri Gilley (Gilley),
Myron Tipton (Tipton), Terri McFarland, and Scott Marcha, to attend a music concert.
While in Montana, the group also visited Yellowstone National Park and stayed in a cabin
in Park County. Gilley and Akers had several arguments during the trip and on September
1, 2015, a physical altercation ... More...
   $0 (12-30-2017 - MT)

Melissa Koch v. Mack Trucks, Inc. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Eston, PA - Jury Finds In Favor of Mack Employee and Awards Her $675,000

Melissa Koch, age 50, sued Mack Trucks, Inc. on an employment discrimination theory under 42 U.S.C. 2000e claiming that she was discriminated against because of her sex and disability at Mack where she worked for 20 years. She claimed that she was passed over for more than 60 promotions that she applied for.
More...
   $675000 (12-30-2017 - )

United States of America v. EmCare, Inc. a subdivision of Envision Healthcare Corporation Western District of North Carolina Courthouse - Charlotte, North Carolina

Charlotte, NC - EmCare, Inc. to Pay $29.8 Million To Resolve False Claims Act Allegations

The Department of Justice on December 19, 2017 announced a settlement with Dallas based EmCare, Inc. a subdivision of Envision Healthcare Corporation that provides physicians to hospitals to staff their Emergency Departments (EDs). EmCare agreed to pay $29.8 million to resolve claims that, from 2008... More...
   $29800000 (12-28-2017 - NC)

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