| Warranty Law |
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Peter Payne v. J. Baker Corporation
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In four issues, Appellants Peter and Mary Beth Payne, David and Oksana Howard, Melvin and Donna Harris, and Christina Childers (collectively, the Homeowners) appeal the trial court’s summary judgments for Appellees J. Baker Corporation formerly known as Little Elm/2000, Ltd.; Landstar Homes Dallas, Ltd.; GCS Trails of Frisco, L.P. d/b/a The Trails of Frisco Golf Club; and Sun Den Frisco Investme... More... $0 (05-16-2013 - TX)
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In The Matter of the Estate of Willard O. Allen, deceased
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This is an appeal of an order admitting a will to probate as a muniment of title. Appellant, Willard Miles Allen, objected to the probate of his father’s will, alleging that his mother, Jo Ann Allen, was in default for failing to offer the will to probate within the four-year time period prescribed by TEX. PROB. CODE ANN. § 73(a) (West 2003). In a bench trial, the trial court found that Jo Ann ... More... $0 (05-09-2013 - TX)
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Global General Construction Services, L.L.C. v. Ramona Jones
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This appeal stems from a roof replacement on Ramona Jones’s home performed by Global General Construction Services, LLC (Global). Jones sued in small claims court, and the court granted Global’s motion for summary judgment based on the statute of limitations. Jones appealed to the county court at law, which conducted a trial de novo and ruled in favor of Jones. Global appeals the judgment of t... More... $0 (05-09-2013 - TX)
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Rukmi Indah Idniarti v. Bell Helicopter Textron, Inc.
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In six issues, Appellants Rukmi Indah Idniarti, Rubby Valentina Issakh, Yohannes Roditya, Mulyani Irianti, Dina Novia Sari, Novianti Debby Putri, Drrj Tri
1See Tex. R. App. P. 47.4.
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Saputra, and Siti Sarah (collectively, Idniarti) appeal the trial court’s no-evidence summary judgment for Appellees Bell Helicopter Textron, Inc. and Bell Helicopter Korea, Inc. (collect... More... $0 (05-09-2013 - TX)
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Todd Kurtin v. Bruce Elieff
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We affirm the trial court‟s judgment holding defendant Bruce Elieff liable for misstating his authority to bind a group of real estate businesses known as the “Joint Entities” in the course of agreeing to buy out his former partner, plaintiff Todd Kurtin. We affirm the trial court‟s posttrial order denying Elieff‟s motion for judgment notwithstanding the verdict. And we affirm the trial ... More... $0 (05-09-2013 - CA)
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Kimberly N. Squires v. Breckenridge Outdoor Education Center
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Plaintiff Kimberly Squires filed this diversity action against Defendant Breckenridge Outdoor Education Center asserting claims for negligence and gross negligence following a ski accident in which she was injured. The magistrate judge granted Defendant’s motion for summary judgment in part, concluding Plaintiff’s mother, Sara Squires, had validly released any claim for negligence against Defe... More... $0 (05-07-2013 - CO)
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City of Tulsa v. Pamela Kay Hunt
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1. Plaintiff/Condemnor is a municipal corporation organized and existing under and by virtue of the Constitution and statutes of the State of Oklahoma under a charter form of government and is authorized by its charter and the statutes of the State of Oklahoma to acquire, take, appropriate, and condemn private property for public purposes whenever such may become necessary for public convenience ... More... $95000 (05-05-2013 - OK)
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Joseph and Jamie Schwartzott v. Maravilla Owners Association, Inc. and Hudak & Dawson Construction Co., Inc
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In these consolidated appeals, we consider whether the trial court erred in sustaining two defendants’ pleas to the jurisdiction in a suit brought by two former owners of a condominium unit against the condominium owners’ association, a contractor hired by the association, and the property manager of the condominiums. We affirm the trial court’s dismissal as to one claim, reverse the trial c... More... $0 (05-02-2013 - TX)
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Vern Cannon v. MBCI, a division of NCI Group, Inc.
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Appellant, Vern Cannon, appeals the trial court’s judgment entered in favor of appellee, MBCI, A Division of NCI Group, Inc., on its claim that he breached a personal guarantee agreement. We affirm.
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I. BACKGROUND
MBCI manufactures products for constructing metal buildings for commercial, industrial, agricultural, and residential uses. Vern Cannon owns Cannon Storage ... More... $0 (05-02-2013 - TX)
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Marcia L. Caronia v. Philip Morris USA, Inc.
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9 Plaintiffs Marcia L. Caronia, Linda McAuley, and Arlene Feldman appeal from a
10 judgment of the United States District Court for the Eastern District of New York, Carol Bagley
11 Amon, Judge, dismissing their tort claims alleging negligence, strict products liability, and breach of
12 the Uniform Commercial Code ("UCC") implied warranty of merchantability in connection with the
... More... $0 (05-01-2013 - NY)
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Sheldon Guthrie v. Birdbrain, Inc.
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Sheldon Guthrie sued Birdbrian, Inc. and Home Depot USA, Inc. d/b/a Home Depot on a wrongful termination theory. The claims made by the plaintiff are not available.
Home Depot appeared and answered as follows:
1. Defendant admits the allegations contained in paragraph 1 of Plaintiffs Petition.
2. Defendant admits the allegations contained in paragraph 2 of Plaintiffs Pe... More... $1 (04-26-2013 - OK)
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Pilot Construction Services, Inc. v. Babe's Plumbing, Inc.
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Pilot Construction Services, Inc. (Pilot), appeals a final summary judgment entered on its cross-claims against Babe's Plumbing, Inc. (Babe's), in litigation initiated by New College against Pilot and Babe's.1 In moving for summary judgment, Babe's
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1There were several other parties and claims involved in the lawsuit below, but claims were settled and parties w... More... $0 (04-26-2013 - FL)
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Behnam Khani v. Ford Motor Company
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Behnam Khani and his trial counsel, Payam Shahian and Strategic Legal Practices, appeal from an attorney disqualification order. We reverse.
FACTUAL AND PROCEDURAL SUMMARY
On August 11, 2011, Khani, represented by Shahian and his law firm, Strategic Legal Practices, sued Ford Motor Company (Ford) and its dealer, Galpin Motors, Inc., under the Song-Beverly Consumer Warranty Act (Civ. ... More... $0 (04-25-2013 - ca)
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Anixter, Inc. v. Ratheon Company
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¶1 Plaintiff-Appellant Anixter, Inc. (“Anixter”) appeals from the trial court’s judgment confirming an arbitration award in favor of Raytheon Company (“Raytheon”) and the denial of Anixter’s motion to vacate the award. For the following reasons, we affirm in part and modify in part.
FACTUAL AND PROCEDURAL HISTORY1
¶2 Anixter, a parts distributor, supplies parts to manuf... More... $0 (04-22-2013 - AZ)
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Employers Mutual Casualty Company v. David Donnelly
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This case arises out of a decision from the Bonner County district court in a case between Employers Mutual Casualty Company (EMC), David and Kathy Donnelly (Donnellys), and Rimar Construction, Inc. (RCI). In 2007, EMC brought a declaratory judgment action against the Donnellys and RCI to establish that under its policy of insurance with RCI, EMC had no duty or responsibility to pay damages claime... More... $0 (04-19-2013 - ID)
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The City of Oklahoma City v. Russell James Walker
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1. That the Plaintiff, The City of Oklahoma City, is a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Oklahoma and its authorized Charter. Okla. Const. Art. 2, Sec. 24.
2. That the Plaintiff is authorized by the laws of the State of Oklahoma and its Charter to take, appropriate and condenm private property for public purposes ... More... $0 (04-18-2013 - OK)
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Anne Moreland Dorai v. Suri Dorai
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Anne Moreland Morai appeals from a decree of divorce dissolving the marriage between her and Suri Dorai. In four issues, Anne argues the trial court (1) erred by mischaracterizing certain property as Suri’s separate property, (2)
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abused its discretion by denying her motion for new trial, (3) abused its discretion by assigning Suri the responsibility of designating their child’s... More... $0 (04-18-2013 - TX)
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Tiara Condominium Assocation, Inc. v. Marsh & McClennan Companies, Inc.
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As we stated in our earlier opinion recorded at Tiara Condominium Association, Inc., v. Marsh & McClennan Companies, Inc., 607 F.3d 742 (11th Cir. 2010), this appeal arises from a contract between an insurance broker and the association responsible for managing the condominium tower located on Singer Island, Florida. The tower suffered extensive wind damage from two hurricanes in September 2004. T... More... $0 (04-18-2013 - FL)
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Norman J. Harris v. Susan Marks Harris
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Norman J. Harris sued Susan Marks Harris, D. Todd Riddles and Cheek, Cheek & Cheek claiming:
1. Plaintiffs, Norma J. Harris (“Norma”) and Glenn E. Harris (“Bud”) (collectively, “Plaintiffs”), are individuals. They are citizens, residents, and domiciliaries of Oklahoma County, State of Oklahoma.
2. The first Defendant, Susan Marks Harris (“Susan Harris”), is an thd... More... $0 (04-14-2013 - OK)
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Penny Morris v. Pliva, Inc.
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Appellants Penny and John Morris sued Appellees PLIVA, TEVA, and Actavis—generic drug manufacturers—for injuries related to use of the drug metoclopramide (brand-name Reglan). This case is yet another in the expanding cohort controlled by PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011), which held state law claims against generic manufacturers of Reglan preempted by FDA regulations. See also De... More... $0 (04-14-2013 - LA)
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Kay Yost v. Jered Custom Homes
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Kay Yost appeals the take-nothing summary judgment against her and in favor of Jered Custom Homes. Appellant brings two issues on appeal contending (1) the trial court erred by granting appellee’s motion for summary judgment, and (2) the trial court erred by considering appellee’s summary judgment evidence. We affirm the trial court’s judgment in part and reverse and remand in part.
B... More... $0 (04-03-2013 - TX)
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The Calypso Developers I, LLC v. Pelican Properties of South Walton, LLC
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The Calypso Developers I, LLC (“Calypso”), appeals the final judgment entered in an action for equitable reformation brought by Appellee, Pelican Properties of South Walton, LLC (“Pelican”). The judgment grants Pelican’s
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claims, based on mutual mistake, for reformation of a purchase and sale agreement and the concomitant special warranty deed to include a condominium unit... More... $0 (03-28-2013 - FL)
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Raji J. Zaher v. Michael J. Miotke
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The question presented is whether an easement is void ab initio or merely subject to a lien-type interest when the male owner of a servient estate violates the statute of frauds by granting an easement without securing his wife’s waiver of her then-inchoate dower interest. Consistent with long-standing precedent of the Michigan Supreme Court, an inchoate dower interest is an encumbrance on a hus... More... $0 (03-28-2013 - MI)
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Debra Chris Montgomery Kroupa Williams v. Robert Ward Williams
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Debra Chris Montgomery Kroupa Williams (Debra) appeals a trial court order awarding monetary sanctions and attorney’s fees to Robert Ward Williams (Robert). The appeal hinges on whether Debra violated an order issued in connection with the parties’ divorce. In a single issue, she argues the trial court abused its discretion by sanctioning her because she acted in accordance with the trial cour... More... $0 (03-28-2013 - TX)
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Abruzzo, LLC v. James Walesa
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This is an interlocutory appeal from the trial court’s order granting appellee James Walesa’s special appearance. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(7) (West Supp. 2012). Appellant Abruzzo, LLC contends the trial court erred in granting Walesa’s special appearance because Walesa committed torts in Texas that subject him to specific jurisdiction in Texas courts. We affirm the t... More... $0 (03-28-2013 - TX)
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