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Misrepresentation Law
State of Louisiana v. Robert Matthews. State of Louisiana Court of Appeal, Fourth Circuit

Officer Calvin Banks testified that on June 20, 2011, he and his partner, Officer Watson, responded to a call of three suspicious people, all of whom were wanted by police, selling drugs at 1517 Franklin Avenue. When the officers arrived at 1517 Franklin Avenue, they observed two unknown black females and one unknown black male, the defendant. Officer Banks requested that the subjects provide him ... More...   $0 (11-25-2017 - LA)

Pablo Alfaro-Jimenez v. The State of Texas Court of Appeals - 4th District | Bexar County, TX

On July 10, 2014, San Antonio Police Officer Edward Rodriguez was dispatched for a
domestic disturbance. The complainant told the officers that her ex-boyfriend, identified as Juan
Alberto Torres Landa, was beating on the door, kicking the door, and threatening her. By the time
officers arrived, the ex-boyfriend was gone.
After conducting an investigation, and ensuring the... More...
   $0 (11-16-2017 - TX)


Appellant moved to withdraw his plea after sentencing. The trial court ordered an evidentiary hearing on the issue of whether his counsel misadvised him regarding the strength of his case. Nevertheless, the court refused to appoint counsel to represent him at the evidentiary hearing. On appeal from the denial of the motion to withdraw his plea, appellant argues that the failure to appoint couns... More...   $0 (11-13-2017 - FL)

Oregon State University v. The Superior Court of San Diego County, George R. Sutherland, Real Party in Interest

Oregon State University (Oregon State) petitions for a peremptory writ of mandate
directing the superior court to vacate an order overruling Oregon State's demurrer to
George A. Sutherland's first amended complaint (complaint) and to enter a new order
sustaining the demurrer without leave to amend. Oregon State contends the challenged
order violates the federal Constitution's full ... More...
   $0 (11-11-2017 - CA)

David Smith v. Brian Smith, Cash Register Sales and Service of Houston d/b/a CRS Texas and POS Card Services, LLC Harris County Courthouse - Houston, Texas

In two issues in this contractual dispute, appellant David Smith challenges the trial court’s denial of his motion to transfer venue and grant of final summary judgment in favor of appellees, Brian Smith, Cash Register Sales and Service of Houston d/b/a CRS Texas, and POS Card Services, LLC. The trial court rendered summary judgment against David on his breach of contract claim and in favor of
... More...
   $0 (11-09-2017 - TX)

John F. Kay, Jr. v. McGuireWoods, L.L.P. Supreme Court of Appeals - Charleston, West Virginia

The petitioners, former shareholders of Kay Company (“Kay Co.”) and Kay Co, LLC (“Kay LLC”),1 appeal from two orders2 entered by the Circuit Court of Kanawha County through which summary judgment was granted to the respondent McGuireWoods, LLP (“McGuireWoods” or “MW”) in connection with claims the petitioners filed against McGuireWoods, their former legal counsel.3 As grounds for their appeal, the... More...   $0 (11-09-2017 - WV)


In September 2015, Gholston filed a K.S.A. 60-1507 motion for relief. The Kansas Supreme Court summarized the underlying facts of Gholston's case in his direct appeal. State v. Gholston, 272 Kan. 601, 602-05, 35 P.3d 868 (2001). The parties are familiar with the facts. Suffice it to say that Gholston was convicted of killing a two-year-old baby in a drive-by shooting.

Following Gholston... More...
   $0 (11-09-2017 - KS)

Larisa's Home Care, LLC v. Karen Nichols-Sheilds

The issue presented is whether an adult foster care
provider claiming unjust enrichment may recover the reasonable
value of its services from a defendant who, through
fraud, obtained a lower rate from the provider for the services.
We conclude that, generally, a defendant who obtains
discounted services as a result of fraud is unjustly enriched
to the extent of the reasonab... More...
   $0 (11-09-2017 - OR)

United States of America v. Mark Edward Brewster, M.D. Western District of Michigan Federal Courthouse - Grand Rapids, Michigan

Grand Rapids, MI - Adam B. Townshend and Raymond E. Beckering III.

Mark Edward Brewster, M.D., of Traverse City, Michigan, was sentenced to 10 months’ incarceration following his guilty plea to writing fraudulent prescriptions to obtain controlled substances. Brewster will also pay restitution to Blue Cross Blue Shield of Michigan, which paid for a number of Brewster’s fraudulent prescrip... More...
   $0 (11-08-2017 - MI)

Jason Cannon v. Bodensteiner Implement Company, et al. Iowa Supreme Court

An independent contractor providing liquid manure disposal
services purchased a used Case IH tractor from a John Deere implement
dealer. When the tractor proved to be a “lemon,” the contractor brought
claims against multiple parties, including the implement dealer. The
trial court granted all of the defendants’ motions for summary judgment.
The contractor appealed and we transf... More...
   $0 (11-08-2017 - IA)

E. Jeffrey Donner v. Jack Nicklaus Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

E. Jeffrey Donner and Judee Donner appeal the district court’s dismissal of
their intentional misrepresentation claim against Jack Nicklaus and Jack Nicklaus
Golf Club, LLC (collectively “Nicklaus”). Exercising jurisdiction under 28 U.S.C.
§ 1291, we affirm.
We will not discuss in detail the background facts of this case, which are
covered in our prior opinion, Donner v. ... More...
   $0 (11-07-2017 - UT)

The Traveler's Property Casualty Company of America v. Actavis, Inc.

The United States faces an epidemic of addiction, overdosing, death, and
other problems brought on by the increasing use and abuse of opioid painkillers. This
epidemic has placed a financial strain on state and local governments dealing with the
epidemic’s health and safety consequences. To seek redress for the opioid epidemic, the
County of Santa Clara and the County of Orange bro... More...
   $0 (11-07-2017 - CA)

Craig Armstrong v. James Krupiczowicz Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

Craig Armstrong appeals the de-nial of his motion for post-judgment relief in this lawsuit al-leging that he was wrongfully arrested and prosecuted for violating the Illinois Sex Offender Registration Act. The dis-trict court, which dismissed Armstrong’s original and amended complaints before service, concluded that relief under Federal Rule of Civil Procedure 59(e) was time-barred and that Armstr... More...   $0 (11-03-2017 - IL)

Curtis Giovanni Flowers a/k/a Curtis Flowers a/k/a Curtis G. Flowers v. State of Mississippi

At approximately 9:00 on the morning of July 16, 1996, Bertha Tardy, the owner of
Tardy Furniture Store, called Sam Jones and asked him to come to the store to train two new
employees. When Jones arrived at the store a short time later, he discovered the bodies of
Bertha Tardy, Robert Golden, Carmen Rigby, and Derrick Stewart. All four victims had
been shot in the head; Stewart w... More...
   $0 (11-03-2017 - MS)

Leonard Cottrell, et al. v. Alcon Laboratories, et al. Third Circuit Court of Appeals - Philadelphia, Pennsylvania

In this putative class action, consumers of prescription eye medication allege that manufacturers and distributors of the medication packaged it in such a way that forced them to waste it, violating the consumer protection statutes of their home states. The District Court dismissed the entire action for lack of jurisdiction, finding the consumers’ allegations of injury in fact insufficient to conf... More...   $0 (11-03-2017 - NJ)

Braulio Alvarado-Gutierrez v. The State of Texas Texas First Court of Appeals - Houston

The complainant, J.G., testified that, on September 20, 2014, when she was
thirteen years old, appellant, who was her mother’s boyfriend, instructed her to go
into her mother’s bedroom, and he followed behind her, pushing her with his hand.
Once in the bedroom, appellant picked up J.G. and put her on the bed. Appellant
then removed her shorts and panties, got on top of her, k... More...
   $0 (10-30-2017 - TX)

Steven Wormald and Elizabeth Anne Wormald v. Norman Villarina, Doug Wertheimer, Aaron Snegg and McGuffy Credit Facility 1, L.L.C. Fort Bend County Courthouse - Richmond, Texas

This accelerated appeal of the granting of three special appearances arises out of a borrower-lender dispute. After the lender, a limited liability company, brought a collection suit against the borrowers and guarantors, the guarantors filed a counterclaim against the lender and filed various claims against others. The
guarantors now challenge the trial court’s granting of the special ap... More...
   $0 (10-27-2017 - OK)

International Medicine Center Enterprtises, Inc. and Edward R. Rensimer, M.D. v. Sconet, Inc. and Thomas F. Hurley Harris County Courthouse - Houston, Texas

International Medicine Center Enterprises, Inc. (“IMC”) and Edward R. Rensimer, M.D. (“Rensimer”) are appealing the judgment in favor of ScoNet, Inc. (“ScoNet”) and Thomas F. Hurley (“Hurley”), rendered after a jury trial. IMC and Rensimer argue that: (1) the trial court erred by granting a directed verdict against them on their Deceptive Trade Practices Act (“DTPA”) claim; (2) the trial court err... More...   $0 (10-26-2017 - TX)

Matthew Gadd v. Jonathan Campbell Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

In this interlocutory appeal, Defendant Jonathan Campbell, a South Jordan
City, Utah, police officer, challenges the district court’s decision to deny him
qualified immunity from Plaintiff Matthew Gadd’s 42 U.S.C. § 1983 claim. Having
jurisdiction under 28 U.S.C. § 1291, see Mitchell v. Forsyth, 472 U.S. 511, 524-30
(1985), we REVERSE because Gadd has failed to show that Officer Ca... More...
   $0 (10-26-2017 - CO)

Kimberly Foltz v. Darryl Wayne Johnson

Plaintiff and appellant Kimberly Foltz suffered a paralyzing
spinal injury after being thrown from her dirt bike during a ride with
her then fiancé, defendant and respondent Darryl Johnson. Foltz filed
an action alleging negligence against Johnson. Johnson successfully
moved for summary adjudication on the basis of primary assumption of
risk. Foltz concedes that primary assumpt... More...
   $0 (10-26-2017 - CA)

David Ganek v. David Leibowitz, et al. Second Circuit Court of Appeals - New York, New York

In this Bivens action, plaintiff David Ganek, a co‐founding
partner of investment fund Level Global Investors (“LG”), sues the
named agents of the Federal Bureau of Investigation (“FBI”) and
federal prosecutors in the United States Attorney’s Office for the
Southern District of New York (“SDNY”) for alleged violations of
his Fourth and Fifth Amendment rights in procuring ... More...
   $0 (10-17-2017 - NY)

David Ganek v. David Leibowitz, et al. Second Circuit Court of Appeals - New York, New York

In this Bivens action, plaintiff David Ganek, a co‐founding
partner of investment fund Level Global Investors (“LG”), sues the
named agents of the Federal Bureau of Investigation (“FBI”) and
federal prosecutors in the United States Attorney’s Office for the
Southern District of New York (“SDNY”) for alleged violations of
his Fourth and Fifth Amendment rights in procuring ... More...
   $0 (10-17-2017 - NY)

Rick Lovelady Carpets, Inc. v. G.R. Chapman Limited Partnership and George R. Chapman a/k/a G.R. Chapman Potter County Courthouse - Amarillo, Texas

RLCI brought suit against Chapman, alleging a false representation of material fact by Chapman caused RLCI injury under various tort and contract theories.2 Chapman sought and obtained summary judgment against RLCI on the entire case. Finding on this record the case was not capable of disposition by summary judgment, we will reverse the judgment of the trial court and remand the case for further p... More...   $0 (10-17-2017 - TX)

United States v. Johnny D. Phillips Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

Johnny Phillips makes his living as a “land man.” Land men
scout rural property for coal mining potential and negotiate leases with the landowners to mine it.
When the government found out that Phillips performed work for New Century Coal, a company
that swindled millions of dollars from investors, it charged him with several crimes. A jury
convicted him of conspiracy to commit mai... More...
   $0 (10-15-2017 - TN)

Ted B. Lyon, III v. Building Galveston, Inc., D/B/A Building Solutions Galveston County Courthouse, Galveston, Texas

Ted B. Lyon, III, Lyon Properties & Custom Homes, LLC d/b/a Lyon Construction Services, and Building Galveston, Inc., d/b/a Building Solutions are appealing a final judgment rendered after a bifurcated trial. We reverse in part and affirm in part.
In February 2010, Ted B. Lyon, III (Lyon), on behalf of Lyon Construction Services, and Building Galveston, Inc., d/b/a Building Solu... More...
   $0 (10-14-2017 - )

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