Cases

OPINION AND ORDER Judge Joan H. Lefkow This bankruptcy appeal raises a discrete question of law: What does the Bankruptcy Code require a Chapter 13 trustee to do with undistributed funds received pursuant to a confirmed Chapter 13 plan when the Chapter 13 case is dismissed? The bankruptcy court held that the trustee is obligated to return the funds to the debtor. For the reasons stated below, t

NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions by email at: JUD.Reporter@vermont.gov or by mail at: Vermont Supreme Court, 109 State Street, Montpelier, Vermont 05609-0801, of any errors in order that corrections may be made before this opinion goes to press. 2015 VT 142

DEBORAH S. EYLER, J. In the Circuit Court for Prince George’s County, Bonita Marshall, the appellant, sued her employer, Safeway, Inc. (“Safeway”), the appellee, alleging that, as to her and a class of similarly situated employees, Safeway had violated the Maryland Wage Payment and Collection Law, Md.Code (2008 Repl.Vol., 2010 Supp.), section 3-501 et seq. of the Labor and Employment Article (“LE”) (“the Payment Law”)

253 P.3d 1017 (2011) 350 Or. 208 STATE of Oregon, Respondent on Review, v. Corey Dennis MARSHALL, Petitioner on Review. (CC CR060570; CA A135603; SC S058549). Supreme Court of Oregon. Argued and Submitted December 17, 2010. Decided April 14, 2011. *1018 Peter Gartlan, Chief Defender, Offic

OPINION OF THE COURT Sgroi, J. In this case we address the often muddled issue of whether a legally viable medical malpractice cause of action can be asserted against a physician by a third party even though no doctor-patient relationship ever existed between these parties. Under the circumstances of this case, we conclude that the law does not recognize such a cause of action. This action

OPINION GUADALUPE RIVERA, Justice. Appellants, Dr. Charles E. Willis, II, Ivan Moorhead, John Plain, Dr. Ranee Gumm, individually and as Trustee of Elizabeth Ashley Gumm Living Trust and William Willey Gumm Living Trust, Dr. William Gumm, individually and as Trustee of Elizabeth Ashley Gumm Living Sharon Tillotson, and Gordon and Jeanette Martin, (Appellants) appeal the trial court’s summary ju

MEMORANDUM DECISION AND ORDER GEORGE A. YANTHIS, United States Magistrate Judge. Plaintiffs William C. Duffelmeyer, Michael Walther, Steven Heisler, Jeff Nardi, Stephen M. Carpiniello, Edward Arce, Ralph Tancredi, Peter T. DeVittorio, Michael Marinelli, and Arthur Marinelli commenced this action pursuant to 42 U.S.C. § 1983, wherein they allege that the defendants Lawrence Marshall, David Hall, and the To

MEMORANDUM KEVIN H. SHARP, District Judge. This is a putative class action brought by current and former Student Athletes who played National Collegiate Athletic Association (“NCAA”) football (at the Football Bowl Subdivision “FBS” level) or Division I college basketball. Named as Defendants are a host of conferences, networks, and licensors who allegedly profited from the broadcast and use of tho

35 So.3d 1134 (2010) Nancy MARSHALL, Assessor for the Sixth Municipal District for the Parish of Orleans v. Benjamin H. MAYNARD, Warren P. Valentino, Query Lance, Rutledge C. Clement, Jr., Douglas Brent Wood, Sherry B. Haydel, Amelia L. Flynn, Peter S. Michell, Aaron L. Jarabica, Frank A. Mumphrey, III, Bryan W. Fitzpatrick, Glenda D. Lavis, Paul S. Rosenblum, Dominic J. Gianna, Susan D. Krohn, Gothard J. Reck, Frederick O. Martty, Katherine F. S

183 P.3d 241 (2008) 219 Or. App. 511 STATE of Oregon, Plaintiff-Respondent, v. Danny Charles MARSHALL, Defendant-Appellant. 051061; A131110. Court of Appeals of Oregon. Argued and Submitted February 27, 2008. Decided April 30, 2008. *242 Eric Johansen, Senior Deputy Public Defender, argued

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS DR. CHARLES E. WILLIS, II; IVAN § MOORHEAD; JOHN PLAIN; DR. RANEE GUMM, INDIVIDUALLY AND § AS TRUSTEE OF ELIZABETH ASHLEY GUMM LIVING TRUST AND § WILLIAM WILLEY GUMM LIVING TRUST; DR. WILLIAM GUMM, § No. 08-11-00207-CV INDIVIDUALLY AND AS TRUSTEE

In re Marshall (Assessor), Nancy;— Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. N, No. 08-9195; to the Court of Appeal, Fourth Circuit, No. 2009-CA-1132. Denied.

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS DR. CHARLES E. WILLIS, II; IVAN § MOORHEAD; JOHN PLAIN; DR. RANEE GUMM, INDIVIDUALLY AND § AS TRUSTEE OF ELIZABETH ASHLEY GUMM LIVING TRUST AND WILLIAM § WILLEY GUMM LIVING TRUST; DR. WILLIAM GUMM, INDIVIDUALLY § No. 08-11-00207-CV AND AS TRUSTEE OF ELIZABETH ASHLEY GUMM

169 S.W.3d 562 (2005) Warren MARSHALL, Claimant/Appellant, v. IMMACULATE DIVERSIFIED SERVICES, INC., and Division of Employment Security, Respondents. No. ED 86342. Missouri Court of Appeals, Eastern District, Division Five. August 23, 2005. William Marshall, St. Louis, pro se. Cynthia A. Quetsch, Jefferson City, MO, for respondent. Immaculate Diversif

Opinion LANDAU, J. The named plaintiff, Susan M. Marshall, appeals from the judgment of the trial court, rendered after a jury trial, in favor of the defendants William J. O’Keefe and Jason J. O’Keefe.1 The plaintiff claims that the court improperly (1) failed to instruct the jury as to her requested Secondino2 charge3

506 S.E.2d 661 (1998) 234 Ga. App. 312 MARSHALL v. SDA, INC. No. A98A1374. Court of Appeals of Georgia. September 10, 1998. *662 William J. Wright, Atlanta, for appellant. Decker & Hallman, Peter V. Hasbrouck, Atlanta, for appellee. JOHNSON, Presiding Judge. SDA, Inc. sued Andrew M

128 Ariz. 511 (1981) 627 P.2d 242 Vera MARSHALL, George V. Cosseboom, Kenneth Ghost and Shyrell Ghost, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Lynn WILLIAMS, Director of the Coconino County Department of Indigent Medical Services, Dr. William Thomas, Coconino County Health Department Director and Dr. Peter J. Lindemann, Tio A. Tachias and J. Dennis Wells, members of the Coconino

541 N.W.2d 330 (1995) STATE of Minnesota, Appellant, v. Julie Annette MARSHALL, Respondent. No. C7-95-1229. Court of Appeals of Minnesota. December 19, 1995. Review Denied February 27, 1996. *331 Hubert H. Humphrey, III, Attorney General, St. Paul, Michael O. Freeman, Hennepin County Attorney, and Thomas A. Weist

95 S.W.3d 407 (2002) U.S.A. PRECISION MACHINING CO., Appellant, v. William S. MARSHALL, Appellee. William S. Marshall, Appellant, v. U.S.A. Precision Machining Co., Appellee. No. 01-01-00818-CV. Court of Appeals of Texas, Houston (1st Dist.). November 7, 2002. Rehearing Overruled January 9, 2003. *408

HEIMAN, J. The plaintiffs appeal from the judgment rendered in favor of the defendants after a trial to the court. The plaintiffs assert that the trial court improperly (1) granted the defendants’ motion to strike the plaintiffs’ case from the jury docket, (2) failed to find the execution of the lease to be merely a perfunctory act, (3) found that no enforceable contract existed between the parties, (4) found that no enforceable