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Misrepresentation Law
 
Shelly Albert v. Truck Insurance Exchange

Good fences make good neighbors. Unless they obstruct an
easement.
Shelly Albert’s neighbor, Henri Baccouche, sued her for
“abatement of private nuisance,” alleging Albert had erected and
refused to remove a fence that partially blocked the only road
leading to Baccouche’s undeveloped property. Albert tendered
Baccouche’s complaint to her homeowners and umbrella insurers,More...
   $0 (05-19-2018 - CA)

Charles E. Yeager v. Peter Holt

Defendants Peter Holt, Holt Law Firm, and Bethany Holt (collectively Holt,
except as noted) appeal from an order denying their special motion to strike (also known
as an anti-SLAPP--Strategic Lawsuit Against Public Participation--motion).1
Peter Holt
and his law firm briefly represented Charles E. and Victoria Yeager (collectively Yeager,
except as noted) and successfully sued... More...
   $0 (05-17-2018 - CA)

GREEN MEADOW REALTY CO. v. GILLOCK

This case concerns a dispute between Green Meadow Realty Co. (Realtor) and Roger and Mary Gillock (Owners) over Realtor's right to a commission. The trial court and Court of Civil Appeals resolved this dispute in favor of Realtor on the basis of the summary judgment record presented by the parties. Both courts found Owners were bound by an addendum to the listing agreement, even though it containe... More...   $0 (05-15-2018 - OK)

Debbie Williams, et al. v. Affinion Group, LLC, et al. Southern District of New York - New York, New York

The post‐transaction marketing employed by Trilegiant and its e‐merchant
partners functions as follows. Online merchants such as Buy.com, Inc. and
Priceline.com, Inc. enter into an arrangement with Trilegiant to permit the
advertisement of membership club programs to their customers. In the course
of completing a transaction, a link, banner, or webpage appears on theMore...
   $0 (05-14-2018 - NY)

STATE OF OHIO v. TANNER D. HOPKINS

This case arises from the January 13, 2015 assault suffered by Chaenin
Taylor. At the time of the assault, Taylor was seven-months pregnant. As a result of
the assault, the fetus died.
{¶ 3} Following an investigation, Hopkins was indicted on one count of murder
(purposeful) in violation of R.C. 2903.02(A), one count of involuntary manslaughter in
violation of R.C. 2903... More...
   $0 (05-13-2018 - OH)

Christopher Alexander v. Scripps memorial Hospital La Jolla

This case raises issues concerning the legal obligations imposed on health care
providers when a patient's health care directives conflict with the providers' opinions that
the requested care would be medically ineffective and may cause harm. Elizabeth
Alexander, a 70-year-old woman suffering from end-stage terminal pancreatic cancer,
died four days after she was transferred from a... More...
   $0 (05-13-2018 - CA)

Kimmy McNair and Larry McNair v. Johnson & Johnson, Janssen Pharmaceuticals, Inc. and Ortho-McNeil Pharmaceutical, Inc. Morelaw Internet Marketing for Legal Professionals We Turn Your Successes Into Marketing Call Today! 888-354-4529

This matter is before this Court upon a June 9, 2017, order of the United
States Court of Appeals for the Fourth Circuit certifying the following question:
Whether West Virginia law permits a claim of failure to warn and negligent misrepresentation against a branded drug manufacturer when the drug ingested was produced by a generic manufacturer.
By order dated August 30, 2017, this Cou... More...
   $0 (05-11-2018 - WV)

State of Tennessee v. Patrick Jayson Reeners Tennessee Court of Criminal Appeals

On April 21, 2016, the Defendant pleaded guilty to disorderly conduct, a Class C misdemeanor, public intoxication, a C misdemeanor, (Case 729-2015) and telephone harassment, a Class A misdemeanor (Case 806-2015). The trial court reviewed the offenses for which the Defendant was entering guilty pleas and the agreed-upon sentences. The Defendant confirmed his understanding of the plea agreement. ... More...   $0 (05-09-2018 - TN)

Randy Tindell v. Linda Murphy

Plaintiffs Randy and Linda Tindell bought a single family manufactured home
from defendant Linda Murphy in 2005 for $320,000. Defendant Christine Bradley
provided the appraisal. In 2009 the Tindells were unable to refinance the mortgage
because it is a manufactured home, not a modular home. The Tindells filed a fourth
amended complaint alleging Murphy and Bradley failed to disclose... More...
   $0 (05-08-2018 - CA)

STATE OF IOWA vs. MICHAEL CORY KELSO-CHRISTY

In April 2015, Michael Kelso-Christy created a fake Facebook profile of a man, S.P., who had attended his high school. Posing as S.P., KelsoChristy began to send Facebook messages to women who also attended school with S.P. The messages informed women that S.P.’s profile had been hacked and that he had created a new one. Then, Kelso-Christy would attempt to solicit nude photographs or propositi... More...   $0 (05-05-2018 - IA)

UNITED STATES OF AMERICA v. JESSE C. LITVAK Ware restaurant owner accused of torching Rhode Island restaurant will testify on his own behalf

This case has a lengthy procedural history. In January 2013, the
15 government filed an indictment charging appellant with eleven counts of
16 securities fraud in violation of 15 U.S.C. §§ 78j(b), 78ff (Counts 1-11), one count of
17 fraud against the Troubled Asset Relief Program (“TARP”) in violation of 18
4
1 U.S.C. § 1031 (Count 12), and four counts of making false stateme... More...
   $0 (05-05-2018 - )

Rae Weiler v. Marcus & Millichap Real Estate Investment Services, Inc.

Plaintiff Rae Weiler seeks a declaration and order from the superior court
that defendants Marcus & Millichap Real Estate Investment Services, Inc., et al., must
either (1) pay plaintiff’s share of the costs in the previously ordered arbitration, or (2)
waive their contractual right to arbitrate the underlying claims and allow them to be tried
in the superior court. We conclude, ba... More...
   $0 (05-01-2018 - )

Ex Parte: Lorenzo Garcia

In 2010, Garcia waived his right to a jury trial and entered a negotiated plea of guilty to
two counts of aggravated assault with a deadly weapon. The trial court found the evidence
substantiating a finding of guilt, but it placed Garcia on deferred adjudication community
supervision for four years. In 2014, Garcia filed an application for writ of habeas corpus based
on alleg... More...
   $0 (04-30-2018 - TX)

STATE OF OHIO -vs- MATHEW NICOLAS MIKU

Defendant-Appellant Mathew Nicolas Miku appeals his conviction for
murder and child endangering in the Court of Common Pleas, Stark County. Plaintiff
Appellee is the State of Ohio. The relevant facts leading to this appeal are as follows.
{¶2} On the late morning of March 4, 2016, paramedics from the Canton Fire
Department were dispatched to a residence on Dewalt Ave. NW in resp... More...
   $0 (04-26-2018 - OH)

IIG Wireless, Inc. v. John Yi and Lauren Kim

The parties appeal and cross-appeal a judgment after a jury trial in this
business dispute. Plaintiff and cross-defendant IIG Wireless, Inc. (IIG) obtained a
judgment of $401,860 against defendant and cross-complainant John Yi. IIG also sued
Lauren Kim, Yi’s fiancée, who moved for and was granted a nonsuit during trial. Yi
obtained a judgment on his cross-complaint for $122,000, re... More...
   $0 (04-25-2018 - CA)

Peter Hiam v. Homeaway.com, Inc. District of Massachusetts Federal Courthouse - Boston, Massachusetts

Duped into parting with thousands
of dollars to reserve a vacation rental property in Belize that
apparently did not exist, plaintiff Peter Hiam sued the owner of the
website on which he found the ersatz tropical villa, claiming that
the website's guarantee misled him. The district court granted
summary judgment to the website's owner, HomeAway.com, Inc.
("HomeAway"). On ap... More...
   $0 (04-21-2018 - MA)

Joel D. Kettler v. Leslie Gould

Cross-defendants Leslie Gould and his wife Susan Gould
contend the trial court erred when it denied in part their antiSLAPP
(strategic lawsuit against public participation) motion.
The motion sought to strike certain allegations in a crosscomplaint
filed by Joel D. Kettler, alleging defamation and other
causes of action. The court denied the motion to the extent crosscomplainan... More...
   $0 (04-21-2018 - CA)

Joyce Ledderer v. Gursey Schneider

Plaintiff Joyce Lederer employed accounting firm Gursey
Schneider LLP and its employee Spencer Inada (collectively,
Gursey) to manage her finances. As part of their agreement,
Gursey purchased insurance for Joyce1 and her family members.
Joyce requested that Gursey purchase uninsured/underinsured
insurance with a policy limit of $5 million. Gursey actually
purchased a polic... More...
   $0 (04-20-2018 - CA)

UNITED STATES OF AMERICA v. JOSEPH RUTIGLIANO, PETER J. AJEMIAN,  MARIE BARAN, PETER J. LESNIEWSKI

The fraud scheme for which defendants stand convicted sought  to take advantage of a disability pension plan made available to LIRR 
16-3754-cr (L) United States v. Rutigliano  
employees  by  the  RRB.  The  LIRR’s  own  pension  plan  allowed  employees with 20 or more years of service to retire as early as age 50  and to receive payments equal to half their pre‐retirement income. ... More...
   $0 (04-16-2018 - )

Adrian Jerome Parker v. The State of Texas

Adrian Jerome Parker rendered his open guilty plea to the trial court in Gregg County, on
all four counts of the indictment against him, and pled true to a sentence-enhancement allegation.
The trial court found Parker guilty of all four charges, found the enhancement allegation true, and
sentenced Parker to forty-five years’ imprisonment on each of Count I (engaging in organized More...
   $0 (04-15-2018 - TX)

Lisa Demargee v. Laura Pederson; Amy Van Ness District of Arizona Federal Courthouse - Phoenix, Arizona

As this court has stated repeatedly, families have a “wellelaborated
constitutional right to live together without
governmental interference.” Wallis v. Spencer, 202 F.3d
1126, 1136 (9th Cir. 2000); accord Kirkpatrick v. Cty. of
Washoe, 843 F.3d 784, 789 (9th Cir. 2016) (en banc); Burke
v. Cty. of Alameda, 586 F.3d 725, 731 (9th Cir. 2009); Rogers
v. Cty. of San Joaquin, 48... More...
   $0 (04-09-2018 - AZ)

Bobbydyne McMillan v. Cumberland County Board of Education; Joseph M. Locklear Eastern District of North Carolina Federal Courthouse - Raleigh, North Carolina

Appellant Bobbydyne McMillan was employed by the Cumberland County Board
of Education (“CCBE”) and resigned following an investigation into her conduct during
the course of her employment. She appeals the district court’s grant of summary
judgment in favor of the Defendants, CCBE, and Joseph M. Locklear,1 Associate
Superintendent of Human Resources, on her 42 U.S.C. § 1983 Fourteen... More...
   $0 (04-03-2018 - NC)

STATE OF IOWA vs. CHRIS AARON FRAKES

On November 6, 2015, law enforcement officers executed a search warrant
at Frakes’s home. Officers based the warrant application on an anonymous tip
received three months earlier and on the reports from a named informant familiar
with Frakes’s drug distribution.
While searching Frakes’s home, officers discovered plastic baggies, scales,
drug paraphernalia, a small quan... More...
   $0 (04-01-2018 - IA)

STATE OF CONNECTICUT v. RICARDO SWILLING Connecticut Supreme Court

The defendant, Ricardo Swilling, appeals from the judgment of conviction, rendered following a jury trial, of kidnapping in the first degree in violation of General Statutes § 53a-92 (a) (2) (A), home invasion in violation of General Statutes § 53a-100aa (a) (2), and assault in the second degree in violation of General Statutes § 53a-60 (a) (2).1 Additionally, following the defendant’s pleas of no... More...   $0 (03-31-2018 - CT)

STATE OF OHIO v. RAZOAR B.D. HARDING

This is an appeal from a judgment of conviction and sentence entered by the
Gallia County Court of Common Pleas following a guilty plea by Razoar B.D. Harding
(“Harding”), appellant herein, to one count of trafficking in drugs. On appeal, Harding first
contends that his guilty plea was not knowingly, voluntarily, and intelligently made because the
trial court failed to substant... More...
   $0 (03-31-2018 - OH)

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