Misrepresentation Law
 
Len Agosta v. N. Arthur Astore, et al.

The principal issue in this case is whether an employer who induces an employee to enter into an employment contract by intentionally promising compensation terms the employer never intended to honor may, as a matter of law, avoid tort liability for

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fraudulent inducement of contract because the contract contains an "at-will" provision that allows the employer to fire the employee

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John H. Brekke v. THM Biomedical, Inc.

Respondent employee, Dr. John H. Brekke, brought an action against appellant employer, THM Biomedical, Inc. (THM), under Minn. Stat. § 181.79 (2002) for a statutory penalty based on THM's unauthorized deduction from Dr. Brekke's salary of the principal of a debt owed by Dr. Brekke to THM. The district court ruled that the deduction violated Minn. Stat. § 181.79 and awarded Dr. Brekke twice the

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Flora Nichols; Paul Gayter, in their own right and as next friend of S.G., et al. v. Wyndham Internatinal, Inc., Wyndham Management Corporation; Sugar Bay Club and Resort Corporation; Rick Blythe

This is an appeal from an order denying discovery from a nonparty in an ancillary discovery proceeding. The underlying lawsuit is currently pending in the United States District Court for the District of the Virgin Islands. The defendants in that action, Wyndham International, Inc. and related parties (collectively, "Wyndham"), sought discovery from Brainwave, Inc., a corporation closely

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Supermercados Econo, Inc. v. Integrand Assurance Company

Plaintiff-appellant Supermercados Econo ("Econo") appeals the district court's dismissal of its flood insurance money recovery claim against defendant-appellee Integrand Assurance Co. ("Integrand"). The district court found that Econo failed to comply with the requirement of the Standard Flood Insurance Policy ("SFIP") that a sworn proof of loss be submitted within sixty days after a flood loss

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Alternative System Concepts, Inc. v. Synopsys, Inc., Successor to Language For Design Automation, Inc.

This is a case of a suitor scorned. Plaintiff-appellant Alternative System Concepts, Inc. (ASC) courted Language for Design Automation, Inc. (LEDA) and forged a short-term distribution relationship. As the couple moved toward a more durable bond, defendant-appellee Synopsys, Inc. acquired LEDA and dashed ASC's hopes.

The jilted suitor responded aggressively, haling Synopsys into court and

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John F. Long v. City of Glendale

1 John F. Long appeals the trial court's dismissal of his suit against the City of Glendale. Long sued Glendale after the City decided to commercially develop property adjacent to its airport. For the reasons set forth below, we affirm in part, reverse in part and remand for proceedings consistent with this opinion.

FACTS AND PROCEDURAL HISTORY

2 Twenty years ago, Long either sol

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Simuel Jefferson v. Darlene Jefferson.

Darlene Jefferson ("Wife") appeals from the judgment holding Simuel Jefferson ("Husband") not to be the father of her child, A.A.O.J. ("Daughter"), and dismissing her petition to have Husband declared Daughter's "equitable parent." Wife asserts the trial court erred in that it did not exercise its equity powers to find Husband to be Daughter's father because he supported Daughter since her birth.

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Marvin Tipton v. Ed Kelley

Marvin Tipton brought this shareholder derivative action against Ed and Dixie Kelley ("the Kelleys") on behalf of Mill Creek Gravel, Inc. ("Mill Creek"), alleging breach of a pre-incorporation agreement. The case went to trial, whereupon the jury found a breach of the agreement and awarded Mill Creek $1.5 million in damages.

The Kelleys now appeal on numerous grounds; we affirm in part a

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Spring Branch Independent School District v. NL Industries, Inc.

Spring Branch Independent School District (the District) appeals the trial court's order granting NL Industries, Inc.'s motion for summary judgment. In one point of error, the District argues that the trial court erred in granting a no-evidence summary judgment for NL Industries when the District presented more than a scintilla of evidence showing that NL's product was applied to and present in

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Steve Carver, et al. v. Chevron, U.S.A., Inc.

Defendant Chevron U.S.A., Inc. (Chevron) appeals a postjudgment order apportioning attorney fees previously awarded to Chevron as the prevailing party in an action filed by plaintiffs Steve Carver and other lessee-dealers of Chevron-owned service stations (collectively Dealers) for antitrust violations under the Cartwright Act (Bus. & Prof. Code,1 § 16720 et seq.), breach of contract, fraud

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Updike, Kelly and Spellacy, P.C. v. Stewart W. Beckett, Jr., et al.

These appeals arise from an action filed by the plaintiff, Updike, Kelly & Spellacy, P.C., a law firm, against the defendants,1 former airline pilots, seeking to recover legal fees incurred in representing the defendants in three cases. The plaintiff's third amended revised complaint alleged breach of contract (count one) and sought damages in quantum meruit (count two). The defendants f

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In re: Leroy J. Lauer, Debtor and E. Bruce Nangle v. Leroy Lauer, Harriet Nagle Rose, et al. v. Leory J. Lauer

These are adversary proceedings arising out of the personal bankruptcy of Leroy J. Lauer, who was a general partner in Crossroads U.S.A. Limited II, a Missouri limited partnership. In October 1982, Lauer and Joseph Graves, the other general partner, purchased the interests of limited partners Harriet Nangle Rose, Timothy Nangle, and Ellen Nangle, financing the purchase with the proceeds of

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T.F., Ltd. v. American Cyanamid Company

A farm corporation appeals the district court's denial of its motion to compel the production of documents and its applications for adjudication of law points. We affirm.

I. Background Facts and Proceedings

T.F. Ltd. is a family corporation engaged in the business of farming. T.F. Ltd. rotated the planting of soybeans and corn on an annual basis.

In 1989, T.F. L

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Gregorio Fuentes v. Woodhouse Ford, Inc.

Gregorio Fuentes brought suit against Woodhouse Ford, Inc. (Woodhouse), for rescission of contract and violation of the Uniform Deceptive Trade Practices Act (UDTPA), Neb. Rev. Stat. § 87-301 et seq. (Reissue 1999), arising out of his purchase of a van from Woodhouse. Except for certain confessed relief, the trial court found in favor of Woodhouse on both causes of action, and Fuentes appeals. We

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Gregory and Tracey Cummings v. General Motors Corporation

Gregory and Tracey Cummings brought this suit against General Motors Corporation ("GM") to recover for injuries Mrs. Cummings sustained in an automobile accident involving a 1995 Pontiac Grand Am. The Cummings allege that Mrs. Cummings's injuries resulted from a flawed seat belt system and seat designed by GM, as well as inadequate warnings of the dangers inherent in the product. A jury returne

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HFE Development Corporation, Don F. Holley, and Barbara Holley v. Barbara Wilbourne and Dave Wilbourne

Barbara and David Wilbourne ("the Wilbournes") sued HFE Development Corporation ("HFE"), Don F. Holley, and Barbara Holley (collectively, "appellants") for, among other claims, breach of contract and common-law fraud. The district court rendered judgment on a jury verdict and awarded damages against appellants. On appeal, appellants present five issues for our review. By their first two issues,

More...   $128518 (06-04-2004 - TX)

Muirfield Village-Vernon Hills, LLC, et al. v. K Reinke, JR. and Company; et al.

Plaintiffs, Muirfield Village-Vernon Hills, LLC, and Muirfield, LLC, appeal from the circuit court of Lake County's dismissal with prejudice of their third amended complaint and the denial of their motion to reinstate and for leave to file a fourth amended complaint. Plaintiffs argue that the third amended complaint stated a claim for contribution against defendants K. Reinke, Jr., & Co., Denk

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CCC Corporate Services, Inc. v. Snell & Wilmer, L.L.P.

Appellant CCC Corporate Services, Inc. ("CCC") appeals from the district court's decision granting summary judgment under Federal Rule of Civil Procedure 56 in favor of the defendant law firm, Snell & Wilmer, L.L.P. ("Snell") and dismissing CCC's cause of action for lack of standing. CCC's suit against Snell arose from Snell's legal representation of Lone Star Electronics Corporation ("Lone Sta

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HFE Development Corporation, Don F. Holley, and Barbara Holley v. Barbara Wilbourne and Dave Wilbourne

Barbara and David Wilbourne ("the Wilbournes") sued HFE Development Corporation ("HFE"), Don F. Holley, and Barbara Holley (collectively, "appellants") for, among other claims, breach of contract and common-law fraud. The district court rendered judgment on a jury verdict and awarded damages against appellants. On appeal, appellants present five issues for our review. By their first two issues,

More...   $136018 (05-28-2004 - TX)

Rita Wheeler and Charles F. Wheeler v. Heidi J. Winters and Jason A. Winters.

Rita and Charles Wheeler Jr. appeal the trial court's dismissal of their petition for grandparent visitation rights. They contend that (1) the trial court erred in dismissing their petition because it had continuing jurisdiction over the child at the time they filed their petition and (2) the trial court erred in giving full faith and credit to a Kansas decree of stepparent adoption under the Unif

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Robert Metcalf v. U-Haul International, Inc.

2 U-Haul International, Inc. (U-Haul) appeals from the order of the superior court denying its motion to strike under the anti-SLAPP (strategic lawsuit against public participation) statute. (Code Civ. Proc., § 425.16.) U-Haul contends the trial court erred in its determination that the complaint against it by Robert Metcalf did not arise out of an act in connection with an issue of public

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Azubueze Jiagbogu v. Mercedes-Benz USA

Defendant Mercedes-Benz USA, Inc. (MBUSA) appeals from a judgment in favor of plaintiff Azubueze Jiagbogu in an action for breach of express and implied warranties under the Song-Beverly Consumer Warranty Act (Act) (Civ. Code, §§ 1790-1795.7).

(All further statutory references are to the Civil Code unless otherwise specified.) MBUSA argues the trial court erred by not instructing on wa

More...   $144676 (05-27-2004 - CA)

Alex Abassi, et al. v. Dale A. Welke

In this case we are called upon to resolve the issue of whether the trial court may sua sponte entertain a second summary judgment motion following its denial of a previous summary judgment motion notwithstanding subdivision (e) of Code of Civil Procedure section 1008. Finding that the court's consideration of such a motion involves a core judicial function and fosters the fair and effici

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Gerald W. Jones, et al. v. American General Life and Accident Insurance Company

In this ERISA case, Appellants Gerald W. Jones, John H. Askew, Jr., Lloyd E. Maddox, and Anna H. White, representing themselves and over 1,400 similarlysituated class members (collectively the "Appellants"), appeal the district court's orders granting summary judgment in favor of Defendant-Appellee American General Life and Accident Insurance Company ("American General") on their ERISA S

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Textron Financial Corporation v. National Union Fire Insurance Company of Pittsburgh, Pennsylvania

This is our third review of the present case. Plaintiff Textron Financial Corporation sued defendant National Union Fire Insurance Company of Pittsburgh, Pennsylvania and others for breach of contract, breach of the implied covenant of good faith and fair dealing, and fraud arising from defendant's refusal to honor a claim for insurance benefits concerning property damage to a commercial

More...   $525414 (05-20-2004 - CA)

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