Misrepresentation Law
 
Brenton R. Smith v. Selma Community Hospital

Selma Community Hospital’s (SCH) medical executive committee recommended the termination of the medical staff membership and hospital privileges of Brenton R. Smith, M.D., based solely on the termination of his privileges at two Hanford hospitals.

Smith invoked the next stage of the peer review process by requesting a formal hearing.

The judicial review committee sat as a trier of

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AGA Fishing Group Limited v. Brown & Brown, Inc., et al.

Plaintiff AGA Fishing Group Limited (“AGA”) was forced to sell the Georgie J, a scallop fishing vessel, and its scallop license to settle claims against AGA after a crewman suffered debilitating injuries aboard the vessel and recovered a substantial award under the Jones Act. AGA was insured through Defendant Flagship Group, Limited (“Flagship”), but the seaman’s award far exceeded the P

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Leo E. Fayard and Sara K. Fayard v. Northeast Vehicle Services, LLC, East Brookfield & Spencer Railroad, LLC, Holston Land Company, Inc., CSX Real Property, Inc., Steven M. Pugliese, and George W. Bell, II

Defendants Northeast Vehicle Services, LLC, East Brookfield & Spencer Railroad, LLC ("EB&SR"); Holston Land Company, Inc., CSX Real Property, Inc., Steven Pugliese, and George Bell all play various roles in the ownership and operation of an automobile distribution facility located in the towns of East Brookfield and Spencer, Massachusetts. Footnote Plaintiffs, Leo and Sara Fayard, own a seventeen-

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Sony Computer Entertainment America, Inc. v. American Home Assurance Company and American International Specialty Lines Insurance Company

Sony Computer Entertainment America, Inc. appeals the district court’s summary judgment in favor of defendants American International Specialty Lines Insurance Company and American Home Assurance Company. Sony sued the sister insurance companies for failing to indemnify and defend it in a class action suit alleging product defects in a video game system known as the Sony PlayStation 2. The distr

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Richard Campfield d/b/a Ultra Bond Licensing d/b/a Ultra Bond Windshield Repair and Replacement; Ultra Bond, Inc. State Farm Mutual Automobile Insurance Company; Lynx Services, LLC, formerly Lynx Services FRom PPG, LLC

Richard Campfield is both an owner of an auto-glass repair shop and the holder of fourteen patents for processes to repair or prevent windshield cracks. He believes, contrary to industry practice, that it is feasible—indeed, safer—to repair many windshield cracks between six and eighteen inches long rather than to replace the windshield. In 2003, apparently exasperated with his lack of success

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Todd Montgomery v. Nostalgia Lane, Inc.

Plaintiff, Todd Montgomery, contacted defendant, Nostalgia Lane, Inc., to restore his 1970 Plymouth Roadrunner. Defendant inspected the vehicle and provided plaintiff a written estimate that the project was expected to cost $35,000 but that the final bill would reflect the actual cost of parts and labor. Plaintiff agreed to the project and paid installments amounting to $33,500, but defendant devi

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Certain Underwriters at Lloyd's, London, Certain London Market Insurance Companies

Plaintiffs Certain Underwriters at Lloyd’s, London, and Certain London Market Insurance Companies1 sought a judicial declaration of their obligations under reinsurance and direct insurance contracts involving defendant Astro Limited (Astro), serving as both the reinsured and direct, captive insurer, and defendant Boeing Company (Boeing), the direct insured. The circuit court of Cook County grant

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E-Poch Properties, LLC v. TRW Automotive U.S., LLC

Defendant-appellant E-Poch Properties (“EPoch”) appeals from a judgment, which (1) partially granted TRW Automotive U.S.’s (“TRW”) motion to dismiss, and (2) granted TRW’s motion for summary judgment. E-Poch claims that (1) TRW failed to disclose material facts – facts that it was contractually obligated to disclose – regarding the condition of the purchased property’s roof; (2)

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Paul Bariteau v. PNC Financial Services Group, Inc., et al.

In the late 1990s, Paul Bariteau lost nearly $14 million that he had invested in the Military Channel after the company’s vice president and chairman, Lenny Krane, made several unauthorized withdrawals from the company’s account with PNC Bank.

In 2006, after obtaining a default judgment against the judgment-proof Krane, Bariteau filed a complaint against PNC, alleging that PNC had brea

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Gloria Warren v. State Farm Fire & Casualty Company and Countrywide Home Loans, Inc.

Gloria Warren brought this suit against State Farm Fire & Casualty Company (“State Farm”) to recover the proceeds of an insurance policy after her home burned and State Farm denied the claim. At trial, State Farm asserted that the policy was void on two grounds: (1) Warren, or individuals acting on her behalf, intentionally set the fire2 and (2) Warren made material misrepresentations followin

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State Farm Fire and Casualty Co., et al. v. Joshua Wright

If an insured throws someone into a swimming pool intending to get the
other person wet, but by mistake does not throw hard enough and so the latter
lands on the pool's cement step and suffers injuries, is the incident an "accident"
within the meaning of insurance law? We conclude it is.


In an action for damages for personal injuries and declaratory relief brought
by re

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Scott Ockey and Catherine Condas v. John Lehmer, Iron Mountain Alliance, Inc., et al.

1 This case arises from an intrafamilial struggle over the division of profits from the development of a 2700-acre ranch situated between the Park City Mountain Resort and The Canyons Resort in Summit County. Beginning in 1976, the ranch was held in various trusts established by members of the Condas family.

Scott Ockey ("Ockey"), one of the beneficiaries of the trusts, alleges that h

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Kevin Bores v. Domino's Pizza, LLC

Domino's Pizza, LLC, appeals the district court's grant of summary judgment holding Domino's may not require franchisees to purchase Domino's custom-designed, integrated computer system. We reverse.

I

Domino's is a national pizza franchise. The plaintiffs are owners of various Domino's franchises located in Minnesota, Maine, Missouri, and Ohio. When they became Domino's fra

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Betty Black v. Ryan K. Shultz

Betty Black (Black) sued attorney Ryan K. Shultz (Shultz) and his law firm, Reed, King and Shultz Law Office, for legal malpractice and partnership liability. Black's claims arose from Shultz's failure to pursue a sexual harassment suit against Black's employer, U.S. Bank, and from numerous misrepresentations made by Shultz during his representation of Black. A jury found Black's sexual harass

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Wartsila NDS North America v. Hill International v. John H. Clegg, et al.

Hill International, Inc. ("Hill") appeals from the denial of a post-trial motion it called a "Motion to Mold the Verdict and Enter Judgment Consistent with the Parties' Written Contract" ("the Motion"). Hill was found liable for negligence and breach of its contract with Wartsila NSD North America, Inc. ("Wartsila"). The jury awarded Wartsila $2,047,952 in damages.

Hill filed its Moti

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Keith Clements v. DaimlerChrysler Corporation

Keith Clemens1 brought this class action against Daimler- Chrysler Corporation alleging that DaimlerChrysler breached express and implied warranties and committed fraud in the sale of Dodge Neon cars containing defective head gaskets from 1995 to 1998. The district court granted DaimlerChrysler's Rule 12(b)(6) motion to dismiss the warranty claims. It also granted DaimlerChrysler's motion fo

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General Motors Corporaton, etc. v. Boyd Bryant, etc.

Appellant General Motors Corporation d/b/a Chevrolet, GMC, Cadillac, Buick, and Oldsmobile appeals interlocutorily from the circuit court's order granting class certification to appellee Boyd Bryant, on behalf of himself and all other similarly situated persons. General Motors asserts four points on appeal: (1) that extensive legal variations in state laws defeat predominance; (2) that extensi

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Mary Ann Arnold v. Bank of America

This case is one of the "at least five class actions in various jurisdictions seeking redress for the same alleged injuries" as claimed by the plaintiffs in Siepel v. Bank of America, N.A., Nos. 07-1899/07-1906, 2008 U.S. App. LEXIS 10667, at *6 (8th Cir. May 19, 2008). Finding the case "nearly identical" to Siepel, which it had earlier dismissed, the district court1 dismissed all of the Appel

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State ex rel. Oklahoma Bar Association v. Dewayne Dell Rymer

1 The complainant, the Oklahoma Bar Association (OBA), instituted this attorney disciplinary proceeding under the authority of Rule 7.7 of the Rules Governing Disciplinary Proceedings (RGDP), 5 O.S.2001, ch. 1, app. 1-A, following the disbarment of respondent, Dewayne Dell Rymer (Rymer), in Colorado. Rymer was admitted to the practice of law in Oklahoma on May 5, 1989, and was licensed to practice

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Frank J. Lawrence, Jr. v. Janet K. Welch, et al.

Plaintiff-Appellant Frank J. Lawrence, Jr. (Lawrence) appeals from the district courts judgment dismissing his claims filed pursuant to 42 U.S.C. 1983 against officials of the State Bar of Michigan in connection with their denial of his application for a license to practice law. For the following reasons, we AFFIRM.

I. BACKGROUND

Frank J. Lawrence, Jr. graduated from an accredi

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Claude L. Bassett v. The National Collegiate Athletic Association and University of Kentucky Athletic Association

Appellant Claude L. Bassett (Bassett) was an assistant football coach for the University of Kentucky (UK) from 1997-2000 when he resigned due to allegations of The National Collegiate Athletics Association (NCAA) rules infractions. Bassett filed suit against NCAA, the Southeastern Conference (SEC) and the University of Kentucky Athletic Association (UKAA), alleging conspiracy to violate antitr

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Dr. Rajan D. Bhatt v. The University of Vermont

1. Plaintiff Dr. Rajan Bhatt appeals from a decision of the Chittenden Superior Court, granting summary judgment to defendant The University of Vermont (the University) on plaintiff's claim that he was subjected to discrimination because of his disability. On appeal, plaintiff argues that: (1) the Vermont Public Accommodations Act, 9 V.S.A. 4500-4507 (VPAA), requires accommodation

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Craig Outdoor v. Wally Kelly

Craig Outdoor Advertising, Inc., Midwest Outdoor Media, LLC, Patriot Outdoor, LLC (collectively "Plaintiffs"), and Curtis Massood, the former owner of a small billboard company, filed this lawsuit in which they alleged that Viacom Outdoor ("Viacom"), and Viacom executives Wally Kelly and Harold Gustin (collectively "individual Defendants")1 perpetrated a scheme by which Viacom and its employee

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Jack Deboer v. American Appraisal Associates, Inc.

Defendant American Appraisal Associates, Inc. prepared a fair market value-continued use (FMV-CU) appraisal for Brackett, Inc., a Kansas company. After the appraisal was completed, plaintiff Jack DeBoer guaranteed a loan for Brackett. Slightly over one year later, Brackett declared bankruptcy.

Subsequently, Mr. DeBoer brought a diversity action against American Appraisal asserting that

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PBS Enterprises, Inc. v. CW Capital Asset Management LLC, etc., et al.

[3] PBS owned and operated two hotels, one in Cody, Wyoming, and another in Norfolk, Nebraska. The financial arrangements between PBS and CWC were complicated, and for our purposes, it is sufficient to summarize them briefly. CWC held PBS's promissory note secured by the "Norfolk mortgage" on the Norfolk property. CWC also held promissory notes secured by two "Cody mortgages" on the Cody prop

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