Cases
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20 opinions for “Carino v. Bank of America, N.A.”
Pappas v. Bank of America Corp.public domain
*538SUMMARY ORDER Plaintiffs appellants Gerald K. Smith, litigation trustee of Farmland Dairies LLC Litigation Trust (“Farmland”), and Peter G. Pappas, plan administrator of the Plan of Liquidation of Parmalat-USA Corporation (“Parmalat USA”) (jointly, “plaintiffs”), appeal August 28, 2007 and September 5, 2007 judgments of the District Court dismissing their suits against defend
Pappas v. Bank of America Corp.public domain
*538SUMMARY ORDER Plaintiffs appellants Gerald K. Smith, litigation trustee of Farmland Dairies LLC Litigation Trust (“Farmland”), and Peter G. Pappas, plan administrator of the Plan of Liquidation of Parmalat-USA Corporation (“Parmalat USA”) (jointly, “plaintiffs”), appeal August 28, 2007 and September 5, 2007 judgments of the District Court dismissing their suits against defend
Food Holdings Ltd. v. Bank of America Corp.public domain
MEMORANDUM OPINION KAPLAN, District Judge. After the collapse in scandal of Parmalat Finanziaria S.p.A. and affiliated entities (collectively, “Parmalat”) in December 2003, a multitude of plaintiffs brought lawsuits against an array of defendants. Case number 05 Civ. 9934 involves one specific set of transactions in which Parmalat and the BoA Defendants1 allegedly created plai
405 B.R. 527 (2009) In re FEDDERS NORTH AMERICA, INC., et al., Debtors. Official Committee of Unsecured Creditors of Fedders North America, Inc., et al., on behalf of the Debtors' Estates, Plaintiff, v. Goldman Sachs Credit Partners L.P., et al., Defendants. Bankruptcy No. 07-11176 (BLS). Adversary No. 08-50549 (BLS). United States Bankruptcy Court, D. Delaware. May 21, 200
KRIEGLER, Acting P.J. *995When a shopping center tenant defaulted on a secured loan, the lender took possession of the premises through foreclosure and transferred its interest to a third party. Later, the third party surrendered the premises. The landlord filed this action against the lender to enforce the lease obligations, including payment
Sass ex rel. American Home Mortgage Plan Trust v. Barclays Bank PLC (In re American Home Mortgage, Holdings, Inc.)public domain
Chapter 11 OPINION1 Sontchi, J. INTRODUCTION The question before the Court is whether an (alleged) agreement to setoff amounts owed to affiliates of a counter-party (a so called “triangular setoff’) is enforceable under the “safe harbor” provisions in sections 559-561 of the Bankruptcy Code. Prior to their bankruptcy, AHM Investment, one of the Debt
OPINION OF THE COURT SLOVITER, Circuit Judge. I. The principal issue on this appeal is whether evidence of a comprehensive scheme to negotiate checks bearing forged signatures is encompassed within statutory language proscribing “takfing] and carr[ying] away, with intent to steal or purloin” property or money belonging to a federally insured bank. 18 U.S.C. § 2113(b). We join those
Henry v. New Jersey Department of Human Servicespublic domain
9 A.3d 882 (2010) 204 N.J. 320 Lula M. HENRY, Plaintiff-Appellant, v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES; Hon. Clark E. Bruno, Acting Commissioner of Human Services; Trenton State Psychiatric Hospital; Gregory P. Roberts, Chief Executive Officer for Trenton State Psychiatric Hospital, Defendants-Respondents. A-69 September Term 2009. Supreme Court of New Jersey.
Gonzalez v. City of New Yorkpublic domain
396 F.Supp.2d 411 (2005) Ruben GONZALEZ, Reinaldo Palermo, Sammy Rivera and Latino Officers Association, Plaintiffs, v. CITY OF NEW YORK, New York City Police Department, Howard Safir, Chief Charles Kammerdener, Captain Dillon, Captain John Gorman, and Lieutenant T. Carroll, Defendants. No. 00 Civ. 1822(VM). United States District Court, S.D. New York. October 18, 2005.
REINHARDT, Circuit Judge: Alva Gutierrez, a Hispanic-American, brought an action challenging an English-only rule enacted by the Southeast Judicial District of the Los Angeles Municipal Court. The district court granted Gutierrez’s motion for a preliminary injunction enjoining enforcement of the rule. Appellants challenge the issuance of the injunction and also appeal the district court’s denial of their motion for summary judgm
838 F.2d 1031 51 Fair Empl.Prac.Cas. 435, 90 A.L.R.Fed. 763,45 Empl. Prac. Dec. P 37,726, 56 USLW 2440 Alva GUTIERREZ, Plaintiff-Appellee,v.MUNICIPAL COURT OF the SOUTHEAST JUDICIAL DISTRICT, COUNTYOF LOS ANGELES, incorrectly sued as "County of Los Angeles,a public entity; Porter de Dubovay; John W. Bunnett; andRussell F. Schooling, in their capacity as officials havingauthority to issue
Spears v. Spearspublic domain
Filed 12/19/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR BRIAN SPEARS, Plaintiff and Appellant, A164622 v. THERESE SPEARS, as (Humboldt County Trustee, etc., Super. Ct. No. PR2100106) Defendant and Respondent.
United States v. Cariños Ambulance Service, Inc.public domain
654 F.Supp.2d 52 (2009) UNITED STATES of America, Plaintiff, v. CARIÑOS AMBULANCE SERVICE, INC., et al., Defendants. Civil No. 07-1154 (ADC). United States District Court, D. Puerto Rico. September 17, 2009. *53 Ann E. Nash, U.S. Department of Justice, Washington, DC, for Plaintiff. Cariños Ambulance Service, Inc., Carolin
Scott v. General Motors Co.public domain
Amended Memorandum Opinion *389and Order1 LAURA TAYLOR SWAIN, District Judge. In this putative class action alleging violations of Sections 11, 12(a)(5), and 15 of the Securities Act of 1933 (the “'33 Act”), Plaintiffs assert claims for alleged material misstatements in the registration statement and oth
Kathryn Rothkamm v. USApublic domain
W. EUGENE DAVIS, Circuit Judge: Plaintiff-Appellant Kathryn Rothkamm and her husband filed separate tax returns. Rothkamm’s husband incurred a tax liability, and the IRS levied her account at a bank, which she asserts was her separate property. She initially sought a Taxpayer Assistance Order (“TAO”) through the Taxpayer Advocate Service but obtained no relief. She then filed an administrative claim and, when that was denied
MEMORANDUM OPINION KEVIN GROSS, Bankruptcy Judge. The Debtors, Chester A. Lyn and Brenda A. Lyn (the “Lyns” or the “Debtors”) filed an adversary proceeding for Declaratory Relief for Determination of Liens and to Compel Turnover of Property relating to an annuity the Debtors had signed over to Transamerica Small Business Capital, Inc. (“Transamerica”) as part of a loan negotiation. In answering
Sandoval v. Haganpublic domain
7 F.Supp.2d 1234 (1998) Martha SANDOVAL, individually and on behalf of all others similarly situated, Plaintiffs, v. L.N. HAGAN, in his official capacity as the Director of the Alabama Department of Public Safety, and the Alabama Department of Public Safety, Defendants. No. Civ.A. 96-D-1875-N. United States District Court, M.D. Alabama, Northern Division. June 3, 1998. As Corre
BRE DDR BR Whittwood CA v. Farmers & Merchants etc.public domain
Filed 8/29/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE BRE DDR BR WHITTWOOD CA B272168 LLC, (Los Angeles County Plaintiff and Respondent, Super. Ct. No. VC064482) v. FARMERS & MERCHANTS BANK OF LONG BEACH, Defendant and Appellant. APPEAL from a judgment of the
Chapter 7 MEMORANDUM OPINION1 Sontchi, J. INTRODUCTION Charles A. Stanziale, Jr., Chapter 7 Trustee (the “Trustee”) for Conex International, LLC (“Conex”) filed a complaint2 alleging breaches of fiduciary duties, among other things, against Ronald W. Schuster, E.A. Roskovensky, Damien W. Kovary, Lawrence G. Wolski, D
United States v. Trinidad-Acostapublic domain
TORRUELLA, Circuit Judge. Defendants-Appellants Manuel Trinidad-Acosta (“Trinidad”) and Ed Cogswell (“Cogswell”) were convicted for their involvement in a conspiracy to distribute cocaine base (or “crack cocaine”). They appeal their convictions and sentences, citing a number of alleged trial and sentencing errors. We have reviewed their claims carefully and do not find merit in