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Escrow Law
 
Li Guan v. Yongmei Hu

Plaintiff Li Guan and defendant Yongmei Hu entered into a
contract under which Guan paid the purchase price for a Malibu
residence (the property) to be held by Hu as the “nominal owner.”
Hu agreed to sell the property upon receiving instructions to
do so, and to distribute the sale proceeds between the parties
according to a mathematical formula in the contract. After
recei... More...
   $0 (01-13-2018 - CA)

Albert Kanno v. Marwit Captial Partners II, LLP

The question posed by this appeal is whether a claim for breach of an oral
agreement was barred by the parol evidence rule. The oral agreement was made in
connection with a transaction by which three companies, of which Albert Kanno was the
majority shareholder, were sold to two Delaware corporations. The transaction was
documented principally by three writings, each of which had a... More...
   $0 (12-26-2017 - CA)

Lyda Swinerton Builders, Inc. v. Oklahoma Surety Company Southern District of Texas Courthouse - Houston, Texas

This case involves several issues of Texas law relating to an insurer’s duty to defend and the damages that an insured may recover when an insurer breaches that duty. The district court, after disposing of much of the case through a series of partial summary judgment rulings and conducting a bench trial on one remaining claim, issued a final judgment that largely (though not entirely) favored the ... More...   $0 (12-25-2017 - TX)

Albert Kanno v. Marwit Capital Partners II, LLP

The question posed by this appeal is whether a claim for breach of an oral
agreement was barred by the parol evidence rule. The oral agreement was made in
connection with a transaction by which three companies, of which Albert Kanno was the
majority shareholder, were sold to two Delaware corporations. The transaction was
documented principally by three writings, each of which had a... More...
   $0 (12-24-2017 - CA)

Navajo Nation v. Department of the Interior, et al. Ninth Circuit Court of Appeals Courthouse - San Francisco, California

The Department of the Interior (“Interior” or “the
Secretary”) oversees the control, storage, and delivery to the
Western states of the waters of the Colorado River. In most
years, each state in the Colorado River Basin receives a fixed
amount of water from the river; in “surplus” and “shortage”
years, that amount changes. In the face of unprecedented
drought and ever-incre... More...
   $0 (12-04-2017 - AZ)

Betco Corporations, Ltd. v. Malcolm D. Peacock, Marily Peacock, B. Holdings, Inc. and E. Holdings, LLC Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

Betco Corporation purchased the assets
of two bioaugmentation companies from Marilyn and
Malcolm Peacock. The Asset Purchase Agreement included
the sale of equipment at the Peacocks’ Beloit, Wisconsin plant.
Betco asked Malcolm to remain at the Beloit plant after the
sale as president. Eventually, Betco discovered that the Beloit
plant was delivering defective products to c... More...
   $0 (11-27-2017 - WI)

Amber Gascho v. Global Fitness Holdings Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

The contempt power ensures that the judiciary’s mandates are
authoritative rather than advisory. But an imperious judiciary is just as problematic as a
powerless one. So the contempt power is limited: A party cannot be held in contempt unless it
has violated a definite and specific court order. Exactly when a court order becomes definite and
specific is the question of this appeal.... More...
   $0 (11-16-2017 - OH)

McMillin Management Services, LP v. Financial Pacific Insurance Company

* Pursuant to California Rules of Court, rule 8.1110, this opinion is certified for
publication with the exception of part III.C.

McMillin Management Services, L.P. and Imperial Valley Residential Valley
Residential Builders, L.P. (collectively "McMillin")1 filed this action against numerous
insurance companies, including respondents Lexington Insurance Company (Lexington)
... More...
   $0 (11-15-2017 - CA)

William J. Gonyea, Jr. v. Orian Scott Harris County Courthouse - Houston, Texas

This case tests the bounds of the rule established in Peeler v. Hughes & Luce, 909 S.W.2d 494 (Tex. 1995) (plurality opinion), which limits the ability of plaintiffs who have been convicted of criminal offenses to obtain legal malpractice
2
damages against their criminal-defense attorneys based on claims of poor performance of legal representation.
Orion Scott—who had been convicted of... More...
   $0 (11-06-2017 - TX)

Dryden Oaks, LLC v. San Diego County Regional Airport Authority

In 2001, Michael Durkin used two limited liability companies—Dryden Oaks LLC
and Durkin-CAC Lot 24, LLC—to purchase two lots directly adjacent to the McClellan
Palomar Airport (Airport) in the City of Carlsbad, California (City). His development
plans for the two lots were initially successful despite determinations by the San Diego
County Regional Airport Authority (Authority) tha... More...
   $0 (10-23-2017 - CA)

Jay Baska v. Rebecca McGuire Harris County Courthouse - Houston, Texas

Appellant, Jay Baska, challenges the trial court’s judgment in favor of appellee, Rebecca McGuire, in her suit against Baska for breach of contract and fraud. In his first through third issues, Baska contends that the statute of frauds1 bars
1 See TEX. BUS. & COM. CODE ANN. § 26.01 (West 2015).
2
McGuire’s breach-of-contract claim and, if sustained, he is entitled to a remand for
r... More...
   $0 (10-12-2017 - TX)

United States of America v. Todd B. Raufeisen

Rock Island, IL - Quad Cities Real Estate Developer Sentenced to Six Years in Prison for Defrauding Investors

A Rock Island, Ill., businessman, Todd B. Raufeisen, has been sentenced to 72 months imprisonment for defrauding investors in his land development and management projects of approximately $1.7 million. In May 2017, Raufeisen, 56, entered his guilty pleas to one count each of wire ... More...
   $1720000 (09-27-2017 - IL)

San Bruno Committee For Economic Justice v. City of San Bruno, San Bruno Hotels, LLC

Plaintiffs San Bruno Committee for Economic Justice, Unite Here Local 2, Mary
Dowden, Leif Paulsen, Sheral Marshall, Beatriz Johnston, Kathleen Semenza, Lilibeth
Bonifacio, and Molly Gomez appeal from the order and judgment of the trial court
denying their petition for peremptory writ of mandate. Plaintiffs had unsuccessfully
sought to place a referendum on the ballot concerning a ... More...
   $0 (09-20-2017 - CA)

United States of America v. Michael Albert Focia Eleventh Circuit - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

The Dark Web. For many, the name conjures images of a suspect shadow internet world where virtually anything can be bought for the right price.1 Indeed, Bureau of Alcohol, Tobacco, Firearms & Explosives (“ATF”) Special Agent Tully Kessler described the Dark Web as “another side of the Internet . . . access[ible] through your Internet provider . . . [but only using] special software.” He opined tha... More...   $0 (09-10-2017 - AL)

Plute Home Corporation v. American Safety Indemnity Company

In this insurance defense dispute, defendant and appellant American Safety
Indemnity Company (American Safety or ASIC) challenges a judgment after court trial
that awarded over $1.4 million in compensatory and punitive damages to plaintiff and
2
respondent Pulte Home Corporation (Pulte), who was the general contractor and
developer of two residential projects in the San Marcos... More...
   $0 (09-09-2017 - CA)

Barbara Jean Susaraba v. John Royal Bates

Appellant Barbara Jean Susaraba appeals the trial court’s order granting summary judgment in favor of appellee John Royal Bates. Susaraba challenges the trial court’s order through two issues. We will reverse the court’s judgment.
Background
In 2007, Susaraba loaned money to her daughter and son-in-law, Kathleen and appellee John Royal Bates, to help them start a business. The Bates signed... More...
   $0 (08-31-2017 - TX)

Mahan v. Charles W. Chan Insurance Agency, Inc. et al.

In this appeal we consider whether two plaintiffs, 86-year-old Frederick Mahan
(Fred) and his 79-year-old wife Martha Mahan (Martha),1 have stated a viable claim
under the Elder Abuse and Dependent Adult Civil Protection Act (the Elder Abuse Act or
the Act)2
against Charles W. Chan (Chan), the Charles W. Chan Insurance Agency, Inc.
(the Chan Agency), Omar Kaddoura (Kaddoura), C... More...
   $0 (08-23-2017 - CA)

Howard Construction Company, Inc. v. Texas Association of Women's Clubs

Appellant Howard Construction Company, Inc. sued appellee Texas Association
of Women’s Clubs for reformation of a deed, declaratory relief, establishment of an
easement by necessity, and an accounting. It also alleged claims of slander of title and
tortious interference with prospective business relations. TAWC filed a counterclaim
alleging breach of contract and requestin... More...
   $0 (08-15-2017 - TX)

Energy Insurance Mutual Limited v. Ace American Insurance Company

This insurance coverage dispute arises from a massive explosion that occurred
when an unmarked petroleum pipeline was struck by an excavator. Numerous lawsuits
were filed against a range of defendants, including the pipeline owner and the staffing
agency providing personnel to the pipeline. After settling the lawsuits against the
pipeline owner, an excess insurer for the pipeline s... More...
   $0 (08-12-2017 - CA)

M&M Joint Venture AND Ledford E. White and Ledford E. White, P.C. v. Gwendolyn Gene Layton and Troylynn Ann Layton

Appellees Gwendolyn Gene Layton (Gwen) and Troylynn Ann Layton, husband and wife, sued appellants Ledford E. White and Ledford E. White, P.C. (White P.C.) (collectively the White Appellants) and appellant M&M Joint Venture
1See Tex. R. App. P. 47.4.
2
when they were not repaid funds they had provided, at White’s suggestion, to White’s friends. After a jury trial, the trial court render... More...
   $0 (08-10-2017 - TX)

In the Matter of the Marriage of Randy Gene Donathan and Margaret Mary Donathan

This appeal is about one facet of the trial court's division of property upon the dissolution of the marriage of Randy and Margaret. Specifically, the trial court had to determine three potential reimbursement claims regarding real estate which was owned by Randy prior to their marriage. Under the inception of title doctrine it was Randy's separate property. During the marriage both Randy and Marg... More...   $0 (08-01-2017 - TX)

Deutsche Bank National Trust Company, as Trustee, ets., v. Alan Pyle

In OC Interior Services, LLC v. Nationstar Mortgage, LLC (2017) 7 Cal.App.5th
1318 (review den. May 10, 2017) (OC Interior) another panel of this court concluded that
2
a void judgment does not pass title free of the lien purportedly cancelled by the void
judgment; rather, "a void judgment in the chain of title has the effect of nullifying a
subsequent transfer, including a tr... More...
   $0 (07-14-2017 - CA)

Radiant Financial, Inc. v. Faye Bagby, individually, and Bagby Investments, LP, a Limited Partnership, American Financial & Retirement Services, LLC, a Limited Liability Company

Before the Court is Radiant Financial, Inc.’s May 17, 2017 Motion for Rehearing. We deny the motion. On our own motion, we withdraw our opinion issued on April 18, 2017, and vacate our judgment of that same date. The following is now the opinion of the Court.
Radiant Financial, Inc. (“Radiant”) appeals from a judgment in favor of appellees Faye Bagby (“Ms. Bagby”), Bagby Investments, LP (“Bagb... More...
   $0 (07-10-2017 - TX)

Residences at Riverdale, L.P. and Residences at Riverdale GP. LLC. v. Dixie Carpet Installations, Inc.

This appeal arises from underlying contracts involving the installation of carpet at an
apartment complex. The jury returned a verdict in favor of appellee Dixie Carpet Installations,
Inc. (Dixie) on all of its claims against appellants Residences at Riverdale, LP and Residences at
Riverdale GP, LLC (Riverdale) and awarded Dixie $142,898 in tort damages and $285,796 in
exemplary da... More...
   $0 (07-07-2017 - TX)

Theodore Laymon v. J. Rockcliff, Inc. and George Hernandez v. Mason-McDuffie Real Estate, Inc.

The plaintiffs in these consolidated appeals filed suit against the brokers who
represented them in the sale of their homes and a group of companies that provided
services in connection with those sales. Plaintiffs contend defendants violated their
fiduciary duties by failing to disclose alleged kickbacks paid by the service providers to
the brokers in connection with the sales.More...
   $0 (06-10-2017 - CA)

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