Cases
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20 opinions for “MBNA America Bank v. Hurt”
OPINION WILLIAM V. ALTENBERGER, Chief Judge. In this adversary proceeding the Debtor’s Trustee in Bankruptcy (TRUSTEE) brought a preference action against the Defendant (DEFENDANT), which defended on the theory of the “Earmarking” Doctrine. The facts were stipulated to as follows. In September of 1995 the Debtor held a credit card issued by the DEFENDANT which had an outstanding balanc
OPINION REGARDING SUMMARY JUDGMENT MOTIONS THOMAS J. TUCKER, Bankruptcy Judge. I. Introduction These consolidated adversary proceedings are before the Court on three motions for summary judgment, namely, *?(1) the Chapter 7 Trustee’s motion for summary judgment entitled “Trustee’s Motion for Summary Judgment as
Toni Gamble v. City Of Seattlepublic domain
FIL.00 COURT OF APPEALS DIV I STATE OF WASHINGTON ,2018 DEC 24 AM 10: 07 IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON TONI GAMBLE, ) No. 76876-0-1
Parks v. FIA Card Services, N.A. (In Re Marshall)public domain
372 B.R. 511 (2007) In re Bryan K. MARSHALL and Julie M. Marshall, Debtors. Linda S. Parks, Trustee, Plaintiff, v. FIA Card Services, N.A., successor in interest to MBNA Corporation, Defendants. Bankruptcy No. 05-18216. Adversary No. 06-5181. United States Bankruptcy Court, D. Kansas. July 23, 2007. *512 Jennifer L Goheen-Lyn
Williams v. Nat. W. Life Ins. Co.public domain
Filed 3/4/22 Opinion following transfer from Supreme Court CERTIFIED FOR PARTIAL PUBLICATION * IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Butte) ---- BARNEY THOMAS WILLIAMS, C090436 Plaintiff and Appellant, (S
Williams v. National Western Life Insurance Co.public domain
Filed 5/10/22; on rehearing CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Butte) ---- BARNEY THOMAS WILLIAMS, C090436 Plaintiff and Appellant, (Super. Ct. No. 17CV03462)
James v. Tri-Way Metalworkers, Inc.public domain
MEMORANDUM OPINION Robert D, Mariani, United States District Judge I. Introduction and Procedural History On June 18, 2013, Plaintiff, Leo James, Jr., filed a Complaint against Defendant, Tri-Way Metalworkers, Inc. (Doc. 1). The Complaint alleges that Defendant deprived Plaintiff of employment in whole or in part because of his race in violation of 42 U.S.C. § 1981 (Count I); conspired
OPINION OF THE COURT AMBRO, Circuit Judge. I. Appellant-defendant Mohamed Youla (“Youla”) pled guilty to count three of a four-count indictment, charging him with falsely representing a Social Security number to be his own for the purpose of defrauding MBNA America Bank, National Association (“MBNA”), in violation of 42 U.S.C. §
DOUG MARTIN, Judge. | Appellant Farm Bureau Mutual Insurance Co. (“Farm Bureau”) appeals from an order of the Mississippi County Circuit Court granting the majority of the summary-judgment motion filed by appellees Jim and Lisa Guyer and denying the majority of Farm Bureau’s cross-motion for summary judgment. The Guyers have cross-appealed from that portion of the circuit court’s order granting Farm Bur
Tomlinson v. NCR Corporationpublic domain
Opinion McHUGH, Judge: {1 Mitch Tomlinson appeals from the dismissal of all but two claims in his amended complaint against NCR Corporation. He also appeals from the trial court's subsequent order granting summary judgment in favor of NCR on his remaining claims of wrongful termination and breach of the covenant of good faith and fair dealing. Finally, Tomlin
Montell v. Diversified Clinical Services Inc.public domain
MEMORANDUM OPINION AND ORDER DANNY C. REEVES, District Judge. This matter is pending for consideration of Defendants Diversified Clinical Services, Ine.’s (“DCS”), and Austin Day’s Motion for Summary Judgment and Motion for Sanctions. [Record Nos. 36, 43] The defendants contend that there are no genuine issues of material fact and that they are entitled to judgment as a matter of law. [Record No. 36] Addi
Kieffer v. CPR Restoration & Cleaning Service, LLCpublic domain
OPINION WENDY BEETLESTONE, J. Plaintiff Stanley Kieffer (“Kieffer”) brings this action against his former employers, Defendants CPR Restoration & Cleaning Service, LLC (“the Partnership”), - and CPR Restoration, Inc. (“the Corporation”) (collectively, “Defendants”), alleging violations of the Americans with Disabilities Act (“ADA”), the Pennsylvania Human Relations Act (“PHRA”), and the Family Medical Le
LaRochelle v. Wilmac Corp.public domain
MEMORANDUM Stengel, District Judge. I. INTRODUCTION The plaintiffs, Mary LaRochelle, Sandra Riker, Emilia Shearer, Candice Galbreath, and Nicole Vasquez brought this employment discrimination action against Lancashire Hall, Wilmac Corporation, Wilmac Health Care, Inc., and McWil Group Limited (collectively “Defendants”). The plaintiffs were formerly employed at Lancashire Hall, a nursing ho
Rushing v. Green Tree Servicing, LLC (In Re Rushing)public domain
443 B.R. 85 (2010) In re Ira Glen RUSHING, XXX-XX-XXXX, 11310 CR 3292-D, Garrison, TX 75946, Debtor. Ira Glen Rushing and Jacqueline Y. Berry, Plaintiffs v. Green Tree Servicing, LLC and John Patrick Herr, Defendants. Bankruptcy No. 04-62036. Adversary No. 10-6010. United States Bankruptcy Court, E.D. Texas, Tyler Division. October 6, 2010.
Maberry v. Saidpublic domain
911 F.Supp. 1393 (1995) Michael MABERRY, Plaintiff, v. Sameer SAID, S.A.S. Auto Sales, Inc., and Citizens Bank & Trust, Defendants. No. 94-2416-JWL. United States District Court, D. Kansas. December 29, 1995. *1394 *1395 *1396 Michael S. Martin, Bernard
Thompson v. AT&T CORP.public domain
371 F.Supp.2d 661 (2005) James L. THOMPSON and Victoria E. Thompson, husband and wife, Pennsylvania residents, Plaintiffs, v. AT&T CORPORATION, a New York Corporation, t/d/b/a AT&T Media Services, t/d/b/a TCI of Pennsylvania, and t/d/b/a AT&T Broadband, Defendant. Civil Action No. 01-229J. United States District Court, W.D. Pennsylvania. March 17, 2005.
Krane v. Capital One Services, Inc.public domain
314 F.Supp.2d 589 (2004) Donald F. KRANE, Cynthia Gay, Michael H. Jones, Bruce M. Wilson and Eric B. Winfrey, Plaintiffs, v. CAPITAL ONE SERVICES, INC., Defendant. No. CIV.A. 3:03cv675. United States District Court, E.D. Virginia, Richmond Division. April 20, 2004. *590 John B. Donohue, Craig J. Curwood, Thosen & Scher LLP, R
Abbey v. Retz (In Re Retz)public domain
438 B.R. 237 (2007) In re Brendon Keith RETZ, Debtor. Donald G. Abbey, Plaintiff v. Brendon Keith Retz, Defendant. Bankruptcy No. 04-60302-7. Adversary No. 05-00018. United States Bankruptcy Court, D. Montana. September 6, 2007. *239 Edward A. Murphy, Murphy Law Offices, PLLC, Michael G. Black, Rock Creek Legal Services PLLC,
McConnell v. Federal Election Commissionpublic domain
KAREN LECRAFT HENDERSON, Circuit Judge, concurring in the judgment in part and dissenting in part. “To an imagination of any scope the most far-reaching form of power is not money, it is the command of ideas.” —Oliver Wendell Holmes, The Path of the Law, 10 Harv. L. Rev. 457, 478 (1897). I believe the statute before us is unconstitu
In re Simon II Litigationpublic domain
MEMORANDUM AND ORDER WEINSTEIN, Senior District Judge. 1. Introduction This memorandum and order addresses plaintiffs’ application for class certification. See Third Amended Class Action Complaint and Supplemental Memorandum in Support Amended and Renewed Motion for Class Certification, dated July 26, 2002. Extensive briefing and argument by the parties on the issue have been con