1 This case is being reviewed for possible publication by American Maritime Cases, Inc. ( AMC ). If this case is published in AMC s book product or on-line database, an AMC headnote will be added as well as AMC citations. RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 15a0158p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ST. CLAIR MARINE SALVAGE, INC., Plaintiff-Appellant, v. MICHAEL BULGARELLI; FOOT SEA RAY, MC NO TM, Defendants-Appellees. > No Appeal from the United States District Court for the Eastern District of Michigan at Detroit. No. 2:13-cv Michael Hluchaniuk, Magistrate Judge. Decided and Filed: July 22, 2015 Before: COLE, Chief Judge; MERRITT and BATCHELDER, Circuit Judges. COUNSEL ON BRIEF: Brandon J. Wilson, HOWARD & HOWARD ATTORNEYS PLLC, Royal Oak, Michigan, for Appellant. Dennis M. Rauss, GIARMARCO, MULLINS & HORTON, P.C., Troy Michigan, for Appellees. OPINION ALICE M. BATCHELDER, Circuit Judge. Defendant Michael Bulgarelli owns a boat that ran aground in Lake St. Clair, necessitating the services of a salvage ship to tug it free by towing it several feet. Plaintiff St. Clair Marine Salvage, Inc., alleges that the agreed-upon price was approximately $9,000, while Bulgarelli insists he was quoted a price range of $1,000 $1,200. The district court denied St. Clair Marine s motion for summary 1
2 No St. Clair Marine Salvage v. Bulgarelli, et al. Page 2 judgment in this maritime case, citing the obvious dispute on a question of material fact. Following a bench trial in admiralty, the magistrate judge entered judgment in favor of Bulgarelli, finding that St. Clair Marine had engaged in fraud when the captain of its salvage vessel induced Bulgarelli to sign the salvage contract at issue. We AFFIRM. I. On August 18, 2012, Michael Bulgarelli s 36-foot Sea Ray boat ran aground on Michigan s Lake St. Clair. Groundings fall into two categories: soft groundings where the boat can be freed by a tug from a tow boat, and hard groundings where the vessel s weight is bearing upon the bottom of the vessel, endangering the craft and those aboard. Bulgarelli contacted Tow Boat US, which dispatched a salvage vessel from St. Clair Marine commanded by Captain William Leslie to assist Bulgarelli. Leslie claims that when he arrived, he conferred with Bulgarelli, and quoted Bulgarelli the price of $250 per foot of the Sea Ray s 36-foot length. Bulgarelli, however, insists that the quoted price was $1,000 $1,200, and that Leslie assured him that insurance would pay the bill. Bulgarelli signed the contract, which did not include a printed price, but has $ FT (i.e., per foot ) scrawled in its bottom margin. Bulgarelli claims that handwriting was not present on the paper when he signed it, and since St. Clair did not use copies at the time, Leslie had exclusive possession and personal control of the sole copy of the contract once he and his vessel departed the area upon completing the operation. Calling this a hard grounding in high winds and very rough waters, Leslie claims that he used his vessel to churn up the waterbed in front of Bulgarelli s vessel to dig out the Sea Ray, tucked his boat under the Sea Ray s bow, and pulled it into the channel, in a process that took 29 minutes. Bulgarelli and a corroborating witness provided a very different account, saying that the wind and water were both calm, and that Leslie merely secured a tow line, tugged the Sea Ray first from one angle, then from a second, and pulled the vessel free in a process that took less than ten minutes. In either event, once the Sea Ray was free, Leslie departed that area of the lake, and promptly drafted a narrative report of the incident, in which he claimed, inter alia, that he knew from the initial phone call that this would be a hard grounding, and provided details of his account.
3 No St. Clair Marine Salvage v. Bulgarelli, et al. Page 3 St. Clair Marine filed a three-count complaint in U.S. District Court for the Eastern District of Michigan, invoking the district court s admiralty jurisdiction under 28 U.S.C. 1333, seeking enforcement of a maritime lien, alleging breach of a maritime salvage contract, and claiming quantum meruit/unjust enrichment. Bulgarelli counterclaimed for fraud, innocent misrepresentation, and reformation. Bulgarelli also filed an affidavit accusing Leslie of physically altering the contract at some point after Bulgarelli signed it, adding the handwritten notation $ FT. The district court denied St. Clair Marine s motion for summary judgment, given the factual dispute about the agreed-upon price and the allegation that one party had deceived the other in forming the contract. The parties consented to have the case tried by a magistrate judge, who conducted a bench trial and found Bulgarelli and his corroborating witness credible and persuasive, while finding Leslie not credible. The court also found that Leslie could not have known from the brief initial phone call that this was a hard grounding, and inferred from the tone and structure of Leslie s written account that it was intended to persuade its reader rather than objectively convey the facts of the situation, and thus was designed to deceive Bulgarelli s insurance provider as to the nature of the salvage job. The court further found that Leslie was not credible when, on cross-examination, he professed not to recall the salient facts regarding previous lawsuits involving unpaid towing/salvage fees for towing jobs which he had performed. Consequently, the court made a finding of fact that Leslie had quoted the price of $1,000 $1,200 to Bulgarelli while assuring him that his insurance would cover the entire cost, intending all along to bill Bulgarelli s insurance company for $9,000. The court further found that Leslie had added the handwritten margin note of $250 per foot to the sole copy of the contract after Bulgarelli had signed it, and thus that it was not part of the agreement to which Bulgarelli assented. The court accordingly found that Leslie had engaged in fraud in the procurement of the towing contract, and voided the contract. II. We begin, as the district court did, by confirming our jurisdiction. Because the requisite elements of diversity jurisdiction under 28 U.S.C are not present here, in order for us to have appellate jurisdiction under 28 U.S.C. 1291, the district court must have had admiralty
4 No St. Clair Marine Salvage v. Bulgarelli, et al. Page 4 jurisdiction under 28 U.S.C In the absence of admiralty jurisdiction, we would dismiss this matter, leaving the parties the option of pursuing it in Michigan s courts. The Supreme Court long ago held that for disputes arising from contracts for salvage carried out between vessels upon the water, there can be no doubt of the jurisdiction of a Court of Admiralty... [it] is the only Court where such a question can be tried. Houseman v. Cargo of The Schooner North Carolina, 40 U.S. (15 Pet.) 40, 48 (1841). Much more recently, the Court noted that The Rules of Construction Act defines a vessel as including every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water. Lozman v. City of Riviera Beach, 133 S. Ct. 735, 739 (2013) (quoting 1 U.S.C. 3). No one disputes that Bulgarelli s boat and Leslie s salvage boat are both vessels that are capable of being used for water transportation, or that this lawsuit arises from a dispute over the contract price charged for salvage services. Although Houseman is almost two centuries old, as a Supreme Court precedent that is directly on point and has never been overruled, it fully controls our analysis here. Agostini v. Felton, 521 U.S. 203, 237 (1997). 1 The district court therefore had jurisdiction to hear this case, and we have appellate jurisdiction to review the district court s judgments. III. St. Clair Marine appeals the district court s denial of its motion for summary judgment, arguing in essence that the material facts surrounding the salvage contract were not genuinely in dispute, and that St. Clair Marine was entitled to summary judgment on both its claim for breach of that contract and on Bulgarelli s counterclaim for fraud. Although neither party addresses the threshold question of whether the order denying summary judgment is appealable following a full trial on the merits, we must. 1 We note that the Supreme Court s recent restatement of the test for determining admiralty jurisdiction, see Norfolk S. Ry. v. James N. Kirby, Pty. Ltd., 543 U.S. 14, 24, (2004), as well as the Court s reasoning that the fundamental interest giving rise to maritime jurisdiction is the protection of maritime commerce, Exxon Corp. v. Cent. Gulf Lines, Inc., 500 U.S. 603, 608 (1991) (internal quotation marks omitted), are consistent with its 1841 decision in Houseman.
5 No St. Clair Marine Salvage v. Bulgarelli, et al. Page 5 Confronted with a circuit split on the issue, the Supreme Court, in Ortiz v. Jordan, 562 U.S. 180 (2011), said: May a party, as the Sixth Circuit believed, appeal an order denying summary judgment after a full trial on the merits? Our answer is no... Once the case proceeds to trial, the full record developed in court supersedes the record existing at the time of the summary-judgment motion. Id. at Although Ortiz was a case in which summary judgment had been sought and denied on qualified immunity grounds, the Court s holding is not limited to such cases. This circuit has interpreted Ortiz as leav[ing] open the possibility that [in] cases involv[ing]... [only] disputes about the substance and clarity of pre-existing law the denial of summary judgment may still be considered on appeal following a full trial on the merits. See Nolfi v. Ohio Ky. Oil Corp., 675 F.3d 538, 545 (6th Cir. 2012). Here, the district court denied summary judgment because it concluded that material facts regarding the contract remained in dispute, and hence, this is not a case involving only legal issues. But even if the district court s order denying summary judgment in this case is appealable, the appeal is meritless. St. Clair Marine argues that the contract Bulgarelli signed contained a merger clause specifying that the written contract represents the entirety of the agreement between the parties, and thus federal courts may not look beyond the written instrument to decide this case. Because the document contained the notation $ FT along its bottom margin, St. Clair Marine argues, it was entitled to summary judgment in its favor. Citing the rule against using verbal statements as parol evidence to defeat the plain language of a written contract, St. Clair Marine contends that Bulgarelli s claim that St. Clair Marine quoted him a significantly lower price may not be considered by the court. That rule generally prohibits the use of verbal evidence in contract interpretation when that extrinsic oral evidence contradicts the clear and unambiguous written terms found within the four corners of the contractual instrument. See Rufflin v. Mercury Record Prods., Inc., 513 F.2d 222, (6th Cir. 1975). When a contract is a maritime one, and the dispute is not inherently local, federal law controls the contract interpretation. Norfolk S. Ry. v. James N. Kirby, Pty. Ltd., 543 U.S. 14, (2004). Both parties argue that this case is controlled by Michigan law; both parties argue
6 No St. Clair Marine Salvage v. Bulgarelli, et al. Page 6 that Michigan law militates in their respective favor. Both parties are wrong. Federal law controls in this case. The general rule in contract law is: When two parties have made a contract and have expressed it in a writing to which they have both assented as the complete and accurate integration of that contract, evidence, whether parol or otherwise, of antecedent understandings and negotiations will not be admitted for the purpose of varying or contradicting the writing. 6 Peter Linzer, Corbin on Contracts 25.2 (Joseph M. Perillo ed., 2010). First, we have permitted the use of extrinsic parol evidence in maritime cases in appropriate circumstances. See Royal Ins. Co. of Am. v. Orient Overseas Container Line Ltd., 525 F.3d 409, 422 (6th Cir. 2008). And second, we hold that the rule limiting court review to the four corners of the contractual document does not apply in a case such as this, where one party alleges that something within those four corners was surreptitiously added by the other party after the fact, with the deceptive purpose of altering the agreement, and the first party would have had no way of knowing about the alteration. In such a situation, one party has not assented to the entire agreement. Contractual duties are discharged for such alterations. Restatement (Second) of Contracts 286 (1981). The printed contract contains no mention of price at all. Leslie claims they agreed in writing to a price of $9,000; Bulgarelli says the agreement as to price was a verbal agreement of $1,200 or less. Bulgarelli s affidavit alleging that Leslie altered the agreement by writing in the margin that the rate would be $250 per foot of the Sea Ray s length is more than a scintilla of evidence in opposition to St. Clair Marine s motion, and is enough to create a genuine issue of material fact. 2 The district court correctly denied St. Clair Marine s motion for summary judgment. 2 A mere scintilla of evidence by the nonmoving party is insufficient to defeat summary judgment; there must be evidence on which the jury could reasonably find for the [nonmoving party]. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252 (1986).
7 No St. Clair Marine Salvage v. Bulgarelli, et al. Page 7 IV. A. We turn now to the district court s final judgment. Following a bench trial, we review de novo the district court s conclusions of law, and its findings of fact for clear error. Russell v. Lundergan-Grimes, 784 F.3d 1037, 1045 (6th Cir. 2015). Federal law governs here as well. When Congress has not enacted law on a particular admiralty question, in the absence of some controlling statute, the general maritime law, as accepted by the Federal courts, constitutes part of our national law. S. Pac. R.R. Co. v. Jensen, 244 U.S. 205, 215 (1917), superseded in part on other grounds by statute, Longshoremen s and Harbor Workers Compensation Act, codified at 33 U.S.C. 901 et seq. Since there is no federal statute governing this case, we recur to federal common law, and are empowered to make decisional law for the interpretation of maritime contracts in admiralty cases. Kirby, 543 U.S. at 23. For admiralty cases alleging breach of contract, we look both to the federal maritime law of contracts as well as to general principles of contract interpretation. Royal Ins. Co., 525 F.3d at 421. Admiralty courts have traditionally been vigilant in protecting mariners from unscrupulous and dishonest salvors. Jackson Marine Corp. v. Blue Fox, 845 F.2d 1307, 1309 (5th Cir. 1988); see also, e.g., The Elfrida, 172 U.S. 186, 194 (1891); The Bello Corrunes, 19 U.S. (6 Wheat.) 152, 173 (1821); The Albany, 44 F. 431, 434 (E.D. Mich. 1890). Given the heightened vulnerability of a vessel s master when his ship and crew are in distress, the law takes a dim view of salvors who engage in dishonesty, corruption, fraud, [or] falsehood during towing or salvage operations. Jackson, 845 F.2d at 1310 (quoting Church v. Seventeen Hundred and Twelve Dollars, 5 F. Cas. 669 (S.D. Fla. 1853) (No. 2713)) (internal quotation marks omitted). A court sitting in admiralty will not enforce a contract where the salvor has  taken advantage of his power to make an unreasonable bargain. Post v. Jones, 60 U.S. (19 How.) 150, 160 (1857). So even if the agreed upon price were $9,000, the salvage contract might be void if the non-salvor was in a state of distress at the time he signed the contract, especially in a situation where the non-salvor is an unsophisticated novice as the pilot of a vessel. Admiralty courts are empowered to void contracts that were entered into under such circumstances, or as
8 No St. Clair Marine Salvage v. Bulgarelli, et al. Page 8 is the case here where the master of the distressed vessel has been corruptly or recklessly induced to sign. The Elfrida, 172 U.S. at 194. Salvage contracts can be set aside when they are, inter alia, corruptly entered into, or made under fraudulent representations, [or] a clear mistake or suppression of important facts. Id. at 192. B. We have not had occasion to articulate a rule that would control cases in admiralty in which the non-salvor party claims that the salvage contract was procured by fraud. The Fifth Circuit has held that for maritime contracts: To prevail on a claim that a contract was fraudulently procured, the party that was deceived must show that (1) the deceiving party made a material misrepresentation or nondisclosure, (2) the representation was false or the nondisclosure implied that the facts were different from what the deceived party understood them to be, (3) the deceiving party knew that the representation was false or that the nondisclosure implied the existence of false facts, (4) the deceiving party intended the deceived party to rely on the misrepresentation or nondisclosure, and (5) the deceived party detrimentally relied upon the misrepresentation or nondisclosure. Black Gold Marine, Inc. v. Jackson Marine Co., 759 F.2d 466, 470 (5th Cir. 1985). The district court here applied the Black Gold Marine rule, and we agree that it is properly applied to cases such as this one. The district court was not clearly erroneous in its factual findings. The court found Bulgarelli and corroborating witness credible and persuasive, while finding Leslie not credible, and also found that Leslie s written account was designed to deceive. These findings led the district court to find that the agreed-upon price was $1,000 $1,200, that Leslie verbally conveyed that price to Bulgarelli, and that the contradictory written notation was fraudulently added after the fact as an alteration to the document that Bulgarelli had signed. St. Clair Marine points to nothing in the record that demonstrates that those findings are clearly erroneous. Applying the Black Gold Marine rule to these facts, we conclude that all of its factors are satisfied: Leslie made a material misrepresentation; it was false; Leslie knew it was false; Leslie intended for Bulgarelli to rely upon it; and Bulgarelli did so to his financial detriment. The district court did not err in holding that the contract is void.
9 No St. Clair Marine Salvage v. Bulgarelli, et al. Page 9 C. It is a general principle of maritime law that the master of a vessel is the agent and representative of the owner and as such can bind the owner by acts performed within the scope of the agency, including torts and contract issues. Jackson, 845 F.2d at Here, Leslie s actions were entirely within the scope of his employment duties as he was acting as an agent of St. Clair Marine. Accordingly, the captain s improper actions are imputed to his employer. Because this contract was procured by fraud, St. Clair Marine cannot enforce the salvage contract against Bulgarelli. V. For the foregoing reasons, we AFFIRM the judgment of the district court.
In the United States Court of Appeals No. 13-1186 For the Seventh Circuit IN RE: JAMES G. HERMAN, Debtor-Appellee. APPEAL OF: JOHN P. MILLER Appeal from the United States District Court for the Northern
2014 Decisions Opinions of the United States Court of Appeals for the Third Circuit 10-8-2014 In Re: Asbestos Products Liability Precedential or Non-Precedential: Non-Precedential Docket No. 13-4002 Follow
NOT RECOMMENDED FOR PUBLICATION File Name: 14a0721n.06 No. 13-2126 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT PATRICK RUGIERO, v. Plaintiff-Appellee, NATIONSTAR MORTGAGE, LLC; FANNIE MAE; MORTGAGE
Case: 13-12276 Date Filed: 01/02/2014 Page: 1 of 9 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 13-12276 Non-Argument Calendar D.C. Docket No. 5:10-cv-01537-AKK MELVIN BRADLEY,
In the United States Court of Appeals No. 13 2114 For the Seventh Circuit BLYTHE HOLDINGS, INCORPORATED, et al., Plaintiffs Appellants, v. JOHN A. DEANGELIS, et al., Defendants Appellees. Appeal from the
FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit WILLIAM MOSHER; LYNN MOSHER, Plaintiffs - Appellants, FOR THE TENTH CIRCUIT November 19, 2014 Elisabeth A. Shumaker Clerk
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION PAM HOWARD and EBEN HOWARD ex rel UNITED STATES OF AMERICA PLAINTIFFS v. No. 4:13CV00310 JLH ARKANSAS CHILDREN S HOSPITAL;
Case: 10-30447 Document: 00511371693 Page: 1 Date Filed: 02/03/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D February 3, 2011 Lyle
Case: 13-20206 Document: 00512651962 Page: 1 Date Filed: 06/04/2014 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED June 4, 2014 UNITED STATES
IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D December 18, 2009 No. 09-10562 Summary Calendar Charles R. Fulbruge III Clerk JM WALKER
Case 1:08-cv-06957 Document 45 Filed 10/19/2009 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ROBERT F. CAVOTO, ) ) Plaintiff, Counter-Defendant,
Case 4:14-cv-00283 Document 10 Filed in TXSD on 07/31/14 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION SELDA SMITH, Plaintiff, v. CIVIL ACTION H-14-283 WELLS FARGO
Case 4:05-cv-00008-JAJ-RAW Document 80 Filed 11/21/2007 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF IOWA CENTRAL DIVISION EARL A. POWELL, In the name of THE UNITED STATES OF AMERICA,
Case 8:13-cv-01731-VMC-TBM Document 36 Filed 03/17/14 Page 1 of 11 PageID 134 JOHN and JOANNA ROBERTS, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION Plaintiffs, v. Case No. 8:13-cv-1731-T-33TBM
Case: 15-10629 Date Filed: 08/06/2015 Page: 1 of 8 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 15-10629 Non-Argument Calendar D.C. Docket No. 2:14-cv-00868-CSC W.L.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-4684 UNITED STATES OF AMERICA, versus Plaintiff - Appellee, BERNARD JERIDORE, a/k/a Benny B, a/k/a Bernie, Defendant - Appellant.
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. v. MEAD JOHNSON & COMPANY et al Doc. 324 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA EVANSVILLE DIVISION NATIONAL UNION FIRE INSURANCE
Case 1:12-cv-01164-LY Document 38 Filed 02/21/14 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION CARONARDA FERNANDA BENBOW V. A-12-CV-1164 LY LIBERTY MUTUAL
Case: 1:10-cv-00363-WHB Doc #: 31 Filed: 09/02/10 1 of 14. PageID #: 172 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION JAMES MEYER, v. Plaintiff, DEBT RECOVERY SOLUTIONS
NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Argued January 8, 2008 Decided July 23,
Case: 12-6018 Document: 006111674322 Filed: 04/30/2013 Page: 1 NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 13a0435n.06 No. 12-6018 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT GARY COLYER,
Case: 10-2878 Document: 39 Page: 1 06/07/2011 308084 6 10-2786 (L) USA v. Wolfson UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term, 2010 (Argued: May 24, 2011 Decided: June 7, 2011) UNITED
Case: 10-30886 Document: 00511566112 Page: 1 Date Filed: 08/09/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D August 9, 2011 Lyle
Order filed February 18, 2011 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). IN
SO ORDERED. SIGNED this 22nd day of February, 2013. UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF NORTH CAROLINA WINSTON-SALEM DIVISION In re: Joseph Walter Melara and Shyrell Lynn Melara, Case No.
Case: 13-15067 Date Filed: 10/16/2014 Page: 1 of 8 DOROTHY SNOW, versus IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 13-15067 Non-Argument Calendar D.C. Docket No. 3:11-cv-00813-MEF-TFM
Case: 09-50769 Document: 00511373963 Page: 1 Date Filed: 02/07/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D February 7, 2011 No.
Filed 8/27/14 Tesser Ruttenberg etc. v. Forever Entertainment CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying
case 1:11-cv-00399-JTM-RBC document 35 filed 11/29/12 page 1 of 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION CINDY GOLDEN, Plaintiff, v. No. 1:11 CV 399 STATE FARM MUTUAL
Case: 14-50895 Document: 00513153752 Page: 1 Date Filed: 08/13/2015 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED August 13, 2015 ANA GARCIA
Case 2:04-cv-02667-EEF-JCW Document 37 Filed 04/26/06 Page 1 of 10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA CLYDE CHAMBERS VERSUS CIVIL ACTION NO. 04-2667 SECTION T JOSHUA MARINE, INC.
United States Court of Appeals FOR THE EIGHTH CIRCUIT No. 06-3601 J.E. Jones Construction Co.; The Jones Company Custom Homes, Inc., Now known as REJ Custom Homes, Plaintiffs - Appellants, v. Appeal from
****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND MARYLAND ACCOUNTING SERVICES, INC., et al. Plaintiffs, v. Case No. CCB-11-CV-00145 CONTINENTAL CASUALTY COMPANY, Defendant. MEMORANDUM Plaintiffs
RECOMMENDED FOR FULLTEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 05a0162p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT UNITED STATES ex rel. LOUIS F. GILLIGAN; GREGORY M. UTTER,
United States Court of Appeals For the Eighth Circuit No. 13-3381 Philadelphia Consolidated Holding Corporation, doing business as Philadelphia Insurance Companies lllllllllllllllllllll Plaintiff - Appellee
Filed 12/3/14 Backflip Software v. Cisco Systems CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not
Judgment rendered April 11, 2012. Application for rehearing may be filed within the delay allowed by Art. 2166, LSA-CCP. No. 46,980-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * DANA E.
2:04-cv-72741-DPH-RSW Doc # 17 Filed 08/31/05 Pg 1 of 5 Pg ID 160 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. Plaintiff,
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CAROSELLA & FERRY, P.C., Plaintiff, v. TIG INSURANCE COMPANY, Defendant. CIVIL ACTION NO. 00-2344 Memorandum and Order YOHN,
Case 2:08-cv-01700-NJB-KWR Document 641 Filed 02/02/15 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ATEL MARITIME INVESTORS, LP, et al. CIVIL ACTION VERSUS CASE NO. 08-1700 SEA
IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2013-CA-01200-COA HARVEY HALEY APPELLANT v. ANNA JURGENSON, AGELESS REMEDIES FRANCHISING, LLC, AGELESS REMEDIES MEDICAL SKINCARE AND APOTHECARY AND
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JAMES D. FOWLER, ) ) Plaintiff, ) ) v. ) Case No.: 08-cv-2785 ) UNITED STATES OF AMERICA, ) Judge Robert M. Dow,
Case 114-cv-05671-VEC Document 14 Filed 05/26/15 Page 1 of 8 This case is being reviewed for possible publication by American Maritime Cases, Inc. ( AMC ). If this case is published in AMC s book product
Pursuant to Ind.Appellate Rule 65(D, this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral
IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON NOVEMBER 18, 2010 Session RAYNARD HILL, SR. v. SOUTHWEST TENNESSEE COMMUNITY COLLEGE Direct Appeal from the Tennessee Claims Commission No. T20090563-1 Nancy
No. 3 09 0033 Filed December 16, 2009 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2009 KEPPLE AND COMPANY, INC., ) Appeal from the Circuit Court an Illinois Corporation, ) of the 10th Judicial
NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Argued October 29, 2014 Decided February
2015 IL App (1st) 141985-U No. 1-14-1985 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-2390 MICHAEL C. WORSHAM, Plaintiff Appellant, v. ACCOUNTS RECEIVABLE MANAGEMENT, INC., Defendant Appellee. Appeal from the United
Case: 13-20764 Document: 00512823894 Page: 1 Date Filed: 11/03/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT BAC HOME LOANS SERVICING, L.P., Plaintiff - Appellee v. United States Court
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-4381 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ERIC SMITH, a/k/a Capone, a/k/a Pone, Defendant - Appellant. Appeal from
Case 1:07-cv-00389-MJW-BNB Document 51 Filed 08/21/2008 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-00389-MJW-BNB ERNA GANSER, Plaintiff, v. ROBERT
Case 3:09-cv-01222-MMH-JRK Document 33 Filed 08/10/10 Page 1 of 8 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION PHL VARIABLE INSURANCE COMPANY, Plaintiff, vs. Case No. 3:09-cv-1222-J-34JRK
UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY DEAN SMITH, on behalf of himself and Others similarly situated, v. Michael Harrison, Esquire, Plaintiff, Defendant. OPINION Civ. No. 07-4255 (WHW) Walls,
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 97-4113 RICHARD HUGH WHITTLE, Defendant-Appellant. Appeal from the United States District
Case 0:10-cv-00772-PAM-RLE Document 33 Filed 07/13/10 Page 1 of 8 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Ideal Development Corporation, Mike Fogarty, J.W. Sullivan, George Riches, Warren Kleinsasser,
Case: 14-60770 Document: 00513129690 Page: 1 Date Filed: 07/27/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT KINSALE INSURANCE COMPANY, Plaintiff - Appellee United States Court of Appeals
STATE OF MICHIGAN COURT OF APPEALS GINGER STEIN, Plaintiff-Appellee, UNPUBLISHED October 17, 2013 v No. 310257 Wayne Circuit Court HOME-OWNERS INSURANCE COMPANY, LC No. 08-126633-CK Defendant-Appellant.
Case 1:10-cv-10170-NMG Document 38 Filed 06/15/11 Page 1 of 9 WESTERN WORLD INSURANCE COMPANY, INC., Plaintiff, v. JAMES CZECH and WILLIAMS BUILDING COMPANY, INC., Defendants. United States District Court
Case 2:06-cv-02631-SMM Document 17 Filed 04/13/07 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA JAMES BRETT MARCHANT, Plaintiff, 2:06-cv-02631 PHX JWS vs. ORDER AND OPINION [Re: Motion at
Case 1:09-cv-01292-HHK Document 11 Filed 01/20/10 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA KBI TRANSPORT SERVICES, and KATHEER B. IBRAHIM, Plaintiffs, Civil Action 09-01292
Case :-cv-00-rsm Document Filed 0// Page of UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE CGI TECHNOLOGIES AND SOLUTIONS, INC., in its capacity as sponsor and fiduciary for CGI
Case: 14-60087 Document: 00512938717 Page: 1 Date Filed: 02/18/2015 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED February 18, 2015 SUPERIOR
United States Court of Appeals, Fifth Circuit. No. 96-11134 Summary Calendar. Rosser B. MELTON, Jr., Plaintiff-Appellant, v. TEACHERS INSURANCE & ANNUITY ASSOCIATION of AMERICA, Defendant- Appellee, United
Case 4:09-cv-00575 Document 37 Filed in TXSD on 08/16/10 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION AMERICAN SURGICAL ASSISTANTS, INC., VS. Plaintiff, CIGNA HEALTHCARE
Notice: This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections
IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO TINA R. SAID (Deceased), and STEVEN M. SAID (Widower/Claimant), Plaintiffs-Appellees/Cross- Appellants, vs. ADMINISTRATOR,
IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 11-15610 Non-Argument Calendar D.C. Docket No. 6:11-cv-00807-GKS-GJK [DO NOT PUBLISH] FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT MAY
Case: 15-10192 Document: 00513409349 Page: 1 Date Filed: 03/07/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT UNITED STATES OF AMERICA, ex rel. DARILYN JOHNSON, v. Plaintiff Appellant,
NOTICE: NOT FOR PUBLICATION. UNDER ARIZ. R. SUP. CT. 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. IN THE ARIZONA COURT OF APPEALS DIVISION ONE STEPHEN
Case 3:13-cv-00054 Document 120 Filed in TXSD on 05/04/15 Page 1 of 7 This case is being reviewed for possible publication by American Maritime Cases, Inc. ( AMC ). If this case is published in AMC s book
Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral
2:09-cv-14271-LPZ-PJK Doc # 13 Filed 06/24/10 Pg 1 of 6 Pg ID 53 UNITED STATES OF AMERICA, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION v. Plaintiff, CASE NO. 09-14271 HON.
Case: 14-11921 Date Filed: 02/25/2015 Page: 1 of 8 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 14-11921 Non-Argument Calendar D.C. Docket No. 1:11-cv-22917-MGC UNITED
REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1874 September Term, 2000 INFORMATION SYSTEMS AND NETWORK CORPORATION ET AL. v. FEDERAL INSURANCE CO. Salmon, Eyler, Deborah S., Bloom, Theodore
Case: 15-12302 Date Filed: 02/10/2016 Page: 1 of 9 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 15-12302 Non-Argument Calendar D.C. Docket No. 2:14-cr-14008-JEM-1
Case 1:13-cv-11596-NMG Document 41 Filed 09/29/14 Page 1 of 12 United States District Court District of Massachusetts BRIAN LENFEST, individually and on behalf of all others similarly situated, Plaintiff,
IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON March 11, 2015 Session JAY DANIEL, ET AL. v. ALLSTATE INSURANCE COMPANY Direct Appeal from the Circuit Court for Tipton County No. 7087 Joe H. Walker, III,
FOR PUBLICATION ATTORNEYS FOR APPELLANT: DAVID L. TAYLOR THOMAS R. HALEY III Jennings Taylor Wheeler & Haley P.C. Carmel, Indiana ATTORNEY FOR APPELLEES: DOUGLAS D. SMALL Foley & Small South Bend, Indiana
[Cite as Reserve Assoc. Ltd. v. Selective Ins. Co. of South Carolina, 2007-Ohio-6369.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY Reserve Associates Limited Appellant Court of
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION RLI INSURANCE COMPANY, VS. Plaintiff, WILLBROS CONSTRUCTION (U.S.) LLC, et al., Defendants. CIVIL ACTION NO. H-10-4634 MEMORANDUM
STATE OF MICHIGAN COURT OF APPEALS HARI BHAGWAN BIDASARIA, Plaintiff/Appellant-Cross-Appellee, UNPUBLISHED May 14, 2015 v No. 319596 Isabella Circuit Court CENTRAL MICHIGAN UNIVERSITY, LC No. 2013-011067-CK
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND ***************************************** * KEN ROCHA and * KEN ROCHA AUTOMOTIVE, INC. * Plaintiffs, * * V. * * C.A. No. 94-0044 STATE OF RHODE
2015 Decisions Opinions of the United States Court of Appeals for the Third Circuit 11-18-2015 USA v. Fabio Moreno Vargas Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2015
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1691 LUMBERMENS MUTUAL CASUALTY INSURANCE COMPANY, Plaintiff - Appellant, v. FIRST INSURANCE SERVICES, INCORPORATED, Defendant -