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Misrepresentation Law
 
STATE OF OHIO v. CHRISTOPHER J. MCINTOSH

In Scioto C.P. Case No. 16CR411, the Scioto County Grand Jury returned
an indictment charging Christopher McIntosh with two counts of aggravated trafficking in
drugs, one count of trafficking in drugs, two counts of aggravated possession of drugs,
one count of possession of drugs, one count of having weapons while under disability,
and one count of receiving stolen property, wi... More...
   $0 (01-18-2018 - OH)

Nicholas Lewis v. Scottrade, Inc. Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

Nicholas Lewis filed this putative class action against Scottrade, Inc., a
securities brokerage firm, alleging violations of the Missouri Merchandising Practices
Act, Mo. Rev. Stat. §§ 407.010 et seq., breach of a common law fiduciary duty, and
unjust enrichment. After Lewis filed the action in the Southern District of California,
it was transferred to the Eastern District of Misso... More...
   $0 (01-18-2018 - MO)

Golden Eagle Land Investment, L.P. v. Rancho Sante Fe Association

This is an appeal and cross-appeal from an anti-SLAPP ruling which granted the
defense motion to strike in part and denied it in part. (Code Civ. Proc.,1 § 425.16.)
Plaintiff and appellant Golden Eagle Land Investment, L.P. (Golden Eagle) and its
coplaintiff and appellant Mabee Trust (the Trust; sometimes together, Appellants)2 own
real property in the vicinity of Rancho Santa Fe. ... More...
   $0 (01-14-2018 - CA)

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)

Animal Legal Defense Fund, et al. v. Lawrence G. Wasden District of Idaho Federal Courthouse - Boise, Idaho

Investigative journalism has long been a fixture in the American press, particularly with regard to food safety.1 In the early 1900s, Upton Sinclair highlighted conditions in the meat-packing industry in The Jungle, a novel based on his time working incognito in a packing plant.2 This case also originates in the agricultural sector—a secretly-filmed exposé of the operation of an Idaho dairy farm. ... More...   $0 (01-09-2018 - ID)

James Boyd v. ConAgra Foods, Inc. Eighth Circuit Courthouse - St. Louis, Missouri

James Boyd, a former employee of ConAgra Foods, Inc., brought this action
pursuant to the Employee Retirement Income Security Act of 1974 (“ERISA”). Boyd
seeks to recover severance benefits under an ERISA plan that guarantees these
benefits when ConAgra, in certain circumstances, materially reduces an employee’s
position, duties, or responsibilities. Boyd alternatively claims that ... More...
   $0 (01-08-2018 - MO)

United States of America v. Lawrence Foster, d/k/a Lorenzo Foster Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

This is a real estate fraud case. A jury convicted Lawrence Foster of defrauding investors with regard to real estate located on the island of Rum Cay in the Bahamas. Foster appeals the district court’s (1) denial of his three motions for a judgment of acquittal; (2) determination of the loss amount, restitution award, and his sentence; and (3) denial of his motion to vacate the verdict due to all... More...   $0 (01-04-2018 - FL)

UNITED STATES OF AMERICA v. JOSE RIOS-MORALES

The drug conspiracy at issue in this case involved Defendant, his brother Omar,
and co-defendant Felipe Sifuentes. Mr. Sifuentes, who entered into a plea agreement with
the government, was a key witness at Defendant’s trial. He testified that he began selling
methamphetamine around 2011 or 2012. In 2013 or 2014, Mr. Sifuentes stopped selling
methamphetamine for a period of time ... More...
   $0 (12-30-2017 - KS)

UNITED STATES OF AMERICA v. RAFAEL ALDANAUNITED STATES OF AMERICA v. JULIO CESAR SUAREZ

On November 28, 2015, a border patrol surveillance agent observed Rafael Aldana climbing over the fence separating
the United States and Mexico. A second agent found him hiding in the brush approximately 400 yards north of the border and two miles from the nearest port of entry facility at Otay Mesa, California. Aldana admitted to climbing over the fence and told the border patrol officer th... More...
   $0 (12-30-2017 - CA)

UNITED STATES OF AMERICA v. MICHAEL DAVID SCOTT Former Real Estate Developer Sentenced to Prison for Orchestrating Massive Mortgage Fraud

In February 2008, the government began investigating
Scott as a result of a civil case case against him in Massachusetts
state court involving a mortgage fraud scheme Scott operated in
and around Boston. Scott purchased multi-family homes, divided
them into condominium units, and then recruited straw buyers to
purchase the units at prices favorable to Scott. He attracte... More...
   $0 (12-30-2017 - MA)

Monica Carbajal Gallegos v. The State of Texas

The circumstances underlying appellant’s complaints arose when the State’s
motion to adjudicate guilt and revoke her probation came for hearing. Counsel for
appellant announced that he was not prepared because he was preparing for a
preferential setting in another criminal matter before the same court. Counsel also
brought two motions to the court’s attention. The first was ... More...
   $0 (12-27-2017 - TX)

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)

T.H., a Minor, etc. v. Novartis Pharmaceuticals Corporation California Supreme Court Building - Sacamento, California

Under California law, a brand-name drug manufacturer has a duty to warn
of known or reasonably knowable adverse effects arising from an individual’s use
of its drug. (See Stevens v. Parke, Davis & Co. (1973) 9 Cal.3d 51, 65.) In this
case, we examine whether — and if so, under what circumstances — a brandname
drug manufacturer may be sued under a theory of “warning label” liability... More...
   $0 (12-25-2017 - CA)

Wayne M. English and James D. Colling v. Costa Bajjali

Wayne M. English and James D. Colling sued Costa Bajjali, alleging damages from an investment with one of Bajjali’s businesses. Bajjali filed a no-evidence motion for summary judgment. The trial court granted the motion. In six issues, English and Colling argue that (1) the trial court erred by granting summary
2
judgment because there had been inadequate time for discovery; and (2) the tr... More...
   $0 (12-21-2017 - TX)

Antoinette Rossetta v. Citimortgage, Inc.

Plaintiff Antoinette Rossetta appeals from a judgment dismissing her second
amended complaint1 after the trial court sustained a demurrer by defendants
CitiMortgage, Inc. (CitiMortgage) and U.S. Bank National Association as Trustee for
Citicorp Residential Trust Series 2006-1 (2006-1 Trust). The complaint asserts causes of
action for intentional misrepresentation, negligent misrepr... More...
   $0 (12-18-2017 - CA)

United States of America v. Manish Patel and Nikita Shukla Eastern District of Wisconsin Federal Courthouse - Milwaukee, Wisconsin

Milwaukee, WI - Husband and Wife Sentenced in Homeland Security Impersonation Scheme Involving 780 Victims and Over $1,300,000

Manish Patel (age: 26) was sentenced to 38 months imprisonment, and ordered to pay $1,101,901.61 in restitution for committing wire fraud in violation of Title 18, United States Code, Section 1343. Additionally, Nikita Shukla (age: 26) was sentenced to one year a... More...
   $0 (12-18-2017 - WI)

Sophie P. Toulon v. Continental Casualty Company Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

In September 2002, Sophie Toulon applied for a Preferred Solution long-term care insurance policy (the Policy) issued by Continental Casualty Company. Continental provided Toulon with a “Long Term Care Insurance Personal Worksheet,” along with the application, to help her determine whether the Policy would work for her,
2 No. 16-1510
given her financial circumstances. The Worksheet discuss... More...
   $0 (12-17-2017 - IL)

United States of America v. William Bruce Crain Southern District of Mississippi - Federal Courthouse - Jackson, Mississippi

Defendant-Appellant William Bruce Crain pleaded guilty to possession of child pornography and to using interstate facilities to transmit information about minors. Crain’s plea agreement included a waiver of his appeal and collateral-attack rights. He filed a motion to vacate his sentence, which the district court denied after a hearing. He now appeals, arguing that (1) his collateral-attack waiver... More...   $0 (12-15-2017 - MS)

United States of America v. Michael David Scott District of Massachusetts Federal Courthouse - Boston, Massachusetts

Michael David Scott appeals
from his conviction and sentence for wire fraud, bank fraud, and
money laundering, associated with a mortgage fraud scheme
perpetrated in the Boston area. His principal argument is that
the government unfairly procured his guilty plea by misusing
information he provided during proffer sessions. He also
challenges his sentence. For the following r... More...
   $0 (12-08-2017 - MA)

STATE OF KANSAS v. JOCELYN RENEE JOINER Aggravated Burglary

: Trey Dantzson burglarized a Topeka home, where he stole several items, including a flat-screen television and a 7-inch computer tablet. Over the next 10 days, Dantzson's girlfriend, Jocelyn Joiner, exchanged both items for cash at an area pawn shop. Each time, she signed transaction receipts certifying that she was either the legal owner or was acting as the agent for the legal owner of the item... More...   $0 (12-08-2017 - KS)

Optional Capital , Inc. v. Akin Gump Straus, Hauer and Feld, LLP

Optional Capital, Inc. (Optional or Plaintiff) sued
various entities and individuals, including DAS Corporation
(DAS) and its counsel—Akin Gump Straus Hauer & Feld
LLP (Akin) and Parker Shumaker Mills LLP, David Parker
and William Mills (collectively, Parker) (collectively with
Akin, Defendants)—for conversion and fraudulent transfer.
Plaintiff sought to recover from Defend... More...
   $0 (12-08-2017 - CA)

Elena Matushkina and Svetlana Son v. Kristen M. Nielsen Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

Plaintiffs Elena Matushkina and
her daughter Svetlana Son filed this suit against federal officials
after a U.S. Consulate denied Matushkina’s immigrant
visa application in 2015. The well-established doctrine of consular
nonreviewability makes it impossible, or nearly so, for
plaintiffs to challenge the visa denial. Plaintiffs insist that
2 No. 17-1336
their suit does n... More...
   $0 (12-07-2017 - IL)

Diana Nieves Noel v. Thrifty Payless, Inc.

Plaintiff James A. Noel bought an inflatable swimming pool at defendants’
drugstore that turned out to be much smaller than the pool pictured on the box. He sued
defendant Thrifty Payless, Inc. on behalf of himself and similarly situated individuals,
alleging defendants violated the Consumers Legal Remedies Act (Civ. Code, § 1750 et
seq.) (CLRA), Unfair Competition Law (Bus. & Prof... More...
   $0 (12-05-2017 - CA)

UNITED STATES OF AMERICA v. MOHSIN RAZA UNITED STATES OF AMERICA v. FARUKH IQBAL, UNITED STATES OF AMERICA v. MOHAMMAD ALI HAIDER UNITED STATES OF AMERICA v. HUMAIRA IQBAL United States Court of Appeals for the Fourth Circuit

On April 23, 2015, a federal grand jury in Alexandria, Virginia, returned a seven
count indictment against the defendants — who were former employees of SunTrust’s
Annandale branch.2 The indictment’s first count charged them with conspiracy to commit wire fraud affecting a financial institution, in contravention of 18 U.S.C. § 1349.3
Counts 2 through 7 made substantive allegations ... More...
   $0 (12-03-2017 - )

Jennalyn Santos v. Los Angeles Unified School District

Appellants Jennalyn Santos and Douglas Morales were
driving northbound on Normandie Avenue in the City of Los
Angeles when a Los Angeles School Police Department (LASPD)
vehicle allegedly ran a red light and struck them. They were
transported to the hospital by ambulance, after being given a
card bearing the LASPD name, seal, address and website, and
the name of an LASPD of... More...
   $0 (11-30-2017 - CA)

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