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Misrepresentation Law
 
Robert Genisman v. Hopkins Carley

In this legal malpractice action, appellant Robert Genisman alleges his former
attorneys, Hopkins Carley and Mark Heyl (collectively respondents), were negligent in
their representation of him in connection with the 2005 sale of his ownership interest in
two private companies (the Transaction). Genisman alleges the Transaction initially was
structured as a buyout and respondents re... More...
   $0 (12-09-2018 - CA)

SAMUEL W. FIELDS v. KEN MCGOVERN and DEBORAH PORTER



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Because Fi... More...
   $0 (12-04-2018 - KS)

Bernard Cote, the Personal Representative of the Estate of Judith Berger, v. R.J. Reynolds Tobacco Company and Phillip Morris USA, Inc.




Plaintiff Judith Berger (“Mrs. Berger”)1 sued Philip Morris USA, Inc. (“Philip Morris”) for intentional and unintentional torts, seeking compensatory and punitive damages for smoking-related injuries. After a nine-day, bifurcated trial... More...
   $0 (12-01-2018 - FL)

United States ex rel. SCott Rose v. Stephens Institute, d/b/a Academy of Art University

This qui tam action, brought under the False Claims Act,
comes to us on interlocutory appeal from the district court’s
denial of summary judgment so that we can settle questions
of law posed in the wake of Universal Health Services, Inc.
v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016). We
affirm.
FACTUAL AND PROCEDURAL HISTORY1
Defendant Stephens Institute, doi... More...
   $0 (11-29-2018 - CA)

Stanley Craig White v. The State of Texas




In his sole issue on appeal, appellant contends that
[t]he State violated Appellant’s right to be free from multiple punishments for the same act because the Texas Legislature did not authorize punishment for possession with intent to deliver a controlled substance by theft, ... More...
   $0 (11-28-2018 - TX)

SI 59, LLC v. Variel Warner Ventures, LLC

SI 59 LLC (appellant) appeals from a judgment of dismissal
following a demurrer to its Second Amended Complaint (SAC) by
Variel Warner Ventures, LLC (Variel Warner), Variel Builders,
LLC, (Variel Builders), Verdugo Management & Investment, Inc.
(Verdugo), Troxler Residential Ventures XIX, LLC (Troxler), and
Troxler Venture Partners, Inc. (Troxler Venture) (collectively
resp... More...
   $0 (11-19-2018 - CA)

Robert Genisman v. Hopkins Carley

In this legal malpractice action, appellant Robert Genisman alleges his former
attorneys, Hopkins Carley and Mark Heyl (collectively respondents), were negligent in
their representation of him in connection with the 2005 sale of his ownership interest in
two private companies (the Transaction). Genisman alleges the Transaction initially was
structured as a buyout and respondents re... More...
   $0 (11-15-2018 - CA)

Richard N. Bell v. Vacuforce, LLC




Richard Bell brought a copyright infringement lawsuit against Vacuforce, LLC, accusing it of publishing his photograph of the Indianapolis skyline on its website without a license. Vacuforce hired attorney Paul Overhauser to defend it. The parties quickly settled, so the federal la... More...
   $0 (11-14-2018 - IN)

NATIONAL COLLEGIATE STUDENT LOAN TRUST 2007-2 v. FLO A. TIGNER



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United States of America v. Donald Friedlich Mills, III





Billings, MT - Nurse sentenced for taking fentanyl for personal use

Donald Friedlich Mills, III, a nurse who admitted stealing fentanyl, a highly addictive and dangerous synthetic opioid pain reliever, for his own use, was sentenced to a five-year term of probation with six ... More...
   $0 (11-07-2018 - MT)

The State of Texas v. Martin Rivera Lopez



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Sarah Sumner v. Simpson University

“The First Amendment guarantees to a religious institution the right to decide
matters affecting its ministers’ employment, free from the scrutiny and second-guessing
2
of the civil courts.” (Schmoll v. Chapman University (1999) 70 Cal.App.4th 1434, 1436
(Schmoll).) The so-called ministerial exception is “a ‘nonstatutory, constitutionally
compelled’ exception to federal civil ... More...
   $0 (10-29-2018 - CA)

Manny Villanueva v. Fidelity National Title Company

In their first appeal (case No. H041870), both plaintiff Manny Villanueva,
individually and as class representative, and defendant Fidelity National Title Company
(Fidelity) appeal from a judgment following a bench trial in this class action lawsuit
alleging violations of the Unfair Competition Law (UCL) (Bus. & Prof. Code, §§ 17200
et seq.). Villanueva and the class (jointly Plain... More...
   $0 (10-29-2018 - CA)

Jose Luis Hernandez v. Results Staffing, Inc.

“If this case is an example, the term ‘civil procedure’ is an oxymoron.” Green v. GTE Cal., Inc., 34 Cal. Rptr. 2d 517, 518 (Cal. Ct. App. 1994). It comes before us for a second time, more than five years after Results Staffing, Incorporated (“RSI”), fired Jose Hernandez for failing to report to work. Hernandez appeals the interlocutory order granting RSI’s Federal Rule of Civil Procedure 60(b) mo... More...   $0 (10-25-2018 - TX)

Trucker Durnford v. MusclePharm Corp.




Tucker Durnford brought California consumer claims
against MusclePharm Corporation, a manufacturer of
nutritional supplements, for making false or misleading
statements about the protein in one of its products. The
district court dismissed Durnford’s action as preempted by... More...
   $0 (10-19-2018 - CA)

Samuel Howard vs City of Tallahassee

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The Employer accepted compensability of Claimant’s 2004 accident and injuries. Twelve years lat... More...
   $0 (10-16-2018 - FL)

Mead Vest v. Resolute FP US, Inc.




Plaintiff Mead Vest contends defendant Resolute FP US Inc. breached its fiduciary-duty obligations set forth in the Employee Retiree Income Security Act when it failed to notify her
>
No. 18-5046 Vest v. Resolute FP US Inc. Page 2
late husband of his right to conve... More...
   $0 (10-16-2018 - )

United States of America v. Lacey Staveley




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Cedar Rapids, IA - Iowa Nurse Who Took Pain Medic... More...
   $0 (10-15-2018 - IA)

Manny Villanueva v. Fidelity National Title Company

In their first appeal (case No. H041870), both plaintiff Manny Villanueva,
individually and as class representative, and defendant Fidelity National Title Company
(Fidelity) appeal from a judgment following a bench trial in this class action lawsuit
alleging violations of the Unfair Competition Law (UCL) (Bus. & Prof. Code, §§ 17200
et seq.). Villanueva and the class (jointly Plain... More...
   $0 (10-15-2018 - CA)

Employees' Retirement System of the State of Hawaii v. Whole Foods Market, Inc., et al.





Whole Foods Market, Inc.—an international grocery-store chain specializing in organic products—recently ran into trouble with several state and local consumer-protection agencies for weights-and-measures violations. On multiple occasions, Whole Foods admitted to mislabeling prepa... More...
   $0 (10-14-2018 - TX)

The State of Texas v. David Delacruz






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   $0 (10-11-2018 - TX)

Shavonda Hawkins v. The Kroger Company

Trans fat has become increasingly recognized as a
dangerous substance and a leading cause of numerous serious
ailments, including heart disease and diabetes. Food and Drug
Administration (“FDA”) regulations govern the information
reported within a food product’s Nutrition Facts Panel on the
product’s label.1 As for trans fat, FDA regulations provided,
at all relevant times,... More...
   $0 (10-09-2018 - CA)

Employees' Retirement System of the State of Hawaii v. Whole Foods Market, Inc.





Whole Foods Market, Inc.—an international grocery-store chain specializing in organic products—recently ran into trouble with several state and local consumer-protection agencies for weights-and-measures violations. On multiple occasions, Whole Foods admitted to mislabeling prepa... More...
   $0 (10-05-2018 - TX)

Manny Villanueva v. Fidelity National Title Company

In their first appeal (case No. H041870), both plaintiff Manny Villanueva,
individually and as class representative, and defendant Fidelity National Title Company
(Fidelity) appeal from a judgment following a bench trial in this class action lawsuit
alleging violations of the Unfair Competition Law (UCL) (Bus. & Prof. Code, §§ 17200
et seq.). Villanueva and the class (jointly Plain... More...
   $0 (10-03-2018 - CA)

STATE OF KANSAS v. SYLVESTER PROVENCIO












On the afternoon of April 21, 2015, Provencio drove his mother's Toyota pickup truck to pick up his friend, Austin Town... More...
   $0 (10-02-2018 - KS)

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