Misrepresentation Law
 
Rhoda Tomasco v. The Estate of Donald Joe Tomasco, Sr., et al.

Appellant, Rhoda Tomasco, appeals the take-nothing judgment rendered against her by the trial court notwithstanding the jury verdict in her favor. We affirm.

BACKGROUND

Rhoda and Donald J. Tomasco (Don Sr.) were married in 1959. Three children, Don Jr., Karen, and Kirkland, were born to the marriage. Don Sr., an architect, became involved in land development and investmen

More...   $0 (03-18-2004 - TX)

United Investors Life Insurance Company v. Waddell & Reed Financial, Inc.

As part of its services, UILIC issues various types of insurance policies, including variable-annuity insurance policies. A variable-annuity insurance policy is an investment vehicle that combines aspects of insurance and securities. All of the W&R defendants are financial services organizations. W&R sold and serviced the variable-annuity insurance policies issued by UILIC. At the outset o

More...   $45000000 (03-17-2004 - AL)

Merrill Lynch Pierce Fenner & Smith, Inc. v. Michael H. Fakih, M.D.

Following a bench trial, defendant/counter-plaintiff Maha Fakih appeals as of right the trial court's order entering a money judgment in favor of plaintiff/counter-defendant Merrill Lynch Pierce Fenner & Smith, Inc. (Merrill Lynch), and dismissing for no cause of action her counterclaims. Merrill Lynch cross-appeals the trial court's dismissal for no cause of action its claims against defen

More...   $81048 (03-14-2004 - MI)

Scottsdale Insurance Company and Market Finders Insurance Corporation v. National Emergency Services, Inc., et al.

Plaintiff/insured National Emergency Services, Incorporated, on behalf of itself and several affiliates (collectively NES), recovered a judgment against defendant/insurer Scottsdale Insurance Company (Scottsdale) and its general agent, Market Finders Insurance Corporation (Market Finders), based on jury findings that both defendants engaged in unfair or deceptive acts or practices in violation

More...   $0 (03-14-2004 - TX)

Jimmy and Hillary Bynum, etc. v. Prudential Residential Services, et al.

Appellants, Jimmy and Hillary Bynum, individually and as next friends of their minor children, Thomas and Clark Bynum, sued various Prudential entities,

The related Prudential entities are Prudential Residential Services, LimitedPartnership, d/b/a Moran, Stahl & Boyer; Moran Stahl & Boyer, Limited Partnership,d/b/a Prudential Relocation, d/b/a Prudenti

More...   $0 (03-14-2004 - TX)

Atlantic Contracting & Material Company, Inc. v. Ulico Casualty Company

On 19 September 2000, Ulico Casualty Company ("Ulico"), Respondent here, filed a complaint in the Circuit Court for Prince George's County against Petitioner, Atlantic Contracting and Material Company, Incorporated ("Atlantic"). The complaint was in response to Atlantic's failure to reimburse Ulico for payments made by Ulico to a claimant under a surety bond and indemnity agreement. The sur

More...   $0 (03-13-2004 - MD)

Robert A. Thurman, Sr. v. Anna D. Thurman

Petitioner-appellant, Robert A. Thurman, Sr. ("Husband"),1 and respondent-appellee, Anna D. Thurman ("Wife"), were divorced on August 15, 2002. A pretrial conference regarding ancillary matters was held on July 31, 2003, for which Husband failed to appear. On August 6, 2003, the Family Court issued its final order with respect to property division, alimony, court costs and counsel fees.2

More...   $0 (03-12-2004 - DE)

Chae Kon Chong v. Roscoe Parker

Chae Kon Chong appeals two rulings entered against him in his action against Rick Parker (Rick), Roscoe Parker (Mr. Parker), and Wood and Huston Bank. The district court granted summary judgment to the bank and, in the trial involving the Parkers, refused to submit punitive damages to the jury. We affirm the summary judgment and reverse and remand with respect to the matter of punitive dama

More...   $0 (03-09-2004 - MO)

Deanna Streeter v. Canton School District and Associated School Boards of South Dakota Worker's Compensation Trust Fund.

[1.] Deanna Streeter (Streeter), appeals from a circuit court order denying workers' compensation benefits for total disability and medical care. We affirm in part and reverse in part.

PROCEDURAL HISTORY

[2.] Streeter filed a workers' compensation claim. The Department of Labor (Department) awarded Streeter total disability benefits and ordered the Canton School Dist

More...   $0 (03-04-2004 - SD)

Barbara L. McNeill v. State Farm Life Insurance Company, et al.

Plaintiff, Barbara L. McNeill, appeals from the judgment rendered after the superior court sustained without leave to amend the demurrer of defendants, State Farm Life Insurance Company (State Farm) and its agent Nancy G. Cannon, to plaintiff's complaint for fraud, bad faith, and negligent hiring. Plaintiff seeks reinstatement only of her fraud cause of action, which was dismissed on grou

More...   $0 (03-04-2004 - CA)

Anthony Barasso v. Rear Still Hill Road, LLC, et al.

The defendants in this foreclosure action, Rear Still Hill Road, LLC, and Emerald Realty, Inc. (Emerald), appeal from the judgment of the trial court rendered in favor of the plaintiff, Anthony Barasso. The defendants claim that the court (1) improperly granted the plaintiff's motion for summary judgment and (2) failed to appoint a disinterested appraiser for the foreclosure sale. We agr

More...   $0 (03-07-2004 - CT)

Nova Capital v. The Finova Group Inc.

Breach of contract and negligent misrepresentation claims by Nova Capital against Finova Capital Corporation. Nova claimed that Finova used confidential data supplied to it by Nova to help another company successfully purchase two companies that Nova sought to buy.

More...   $11000000 (03-05-2004 - TX)

Andrew Carlson v. First Revenue

Andrew Carlson appeals from a summary judgment entered against him and from the denial of his motion to alter or amend the judgment, see Fed. R. Civ. P. 59(e), in his action against First Revenue Assurance (FRA), a collection agency. We affirm the district court's1 orders.

I.

This case arises out of FRA's debt collection activities with regard to an alleged debt that Mr. Carlson owed to

More...   $0 (03-03-2004 - MN)

Jane Doe v. Elizabeth Dilling and the Estate of Kirkpatrick Dilling

Plaintiff claimed that the parents of Albert Dilling lied to her when she ask what was wrong with him. The plaintiff and Dilling, was infected with the HIV virus, had begun a relationship in 1996 and she became concerned with his health. He told her to talk to his parents and they told her that he suffered from heavy metal poisoning when, in fact, he had AIDS. As a result of the misrepresentati

More...   $2000000 (03-03-2004 - IL)

United States of America v. Jose Omar Cruz-Mercado

Appellants Victor Fajardo-Velez and Jose Omar Cruz-Mercado were the Secretary and Associate Secretary of the Puerto Rico Department of Education (PRDE) when they devised an extortion and kickback scheme that allegedly involved fraudulent payments of more than $4.3 million in cash and property from PRDE contractors. Appellants entered into separate cooperation agreements with the government and

More...   $0 (03-02-2004 - PR)

Ronald Peterson, et al. vs. BASF Corporation, a foreign corporation

This appeal arises out of a nationwide consumer fraud class action in which a group of farmers ("farmers") asserted that BASF Corporation's ("BASF") marketing misled and deceived American farmers into believing that a BASF herbicide, Poast Plus, could not be used on crops such as sugar beets. The farmers claimed that BASF's marketing manipulated them into purchasing Poast, a higher-priced BASF

More...   $52058932 (02-19-2004 - MN)

Cincinnati Life Insurance Company and Aon Risk Services, Inc. v. Linda Mickles.

A Pulaski County jury found appellant Cincinnati Life Insurance Company liable for bad faith and outrage and appellant Aon Risk Services, Inc., liable for deceit and outrage. Appellee Linda Mickles, the plaintiff below, was awarded $120,000 in compensatory damages, for which each appellant was deemed equally responsible, and $1,000,000 in punitive damages against each appellant individually. On

More...   $1120000 (02-27-2004 - AR)

Mary Helen Miller v. Image Data, LLC, et al.

Mary Helen Miller brought suit against Image Data LLC alleging violations of the Driver's Privacy Protection Act ("Driver's Privacy Act"), 18 U.S.C. §§ 2721-2725, and Colo. Rev. Stat. § 42-1-206.(1) Both Miller and Image Data filed motions for summary judgment. The court granted Image Data's motion, denied Miller's, and, in a separate judgment, ordered each party to pay its own fees and costs.

More...   $0 (02-25-2004 - CO)

Michele A. Caprin, et al. v. Simon Transportation Services, Inc., et al.

Jeff T. Caprin and Michele A. Caprin ("the Caprins") on behalf of themselves and investors who purchased Simon Transportation Service stock during the class period, appeal the district court's dismissal of their Private Securities Litigation Reform Act of 1995 claims against Simon Transportation Services(1) ("STS") and three of its corporate officers, Richard D. Simon, Kelle A. Simon, and Alban

More...   $0 (02-25-2004 - UT)

Wardley Corporation v. Meredith Corporation and Meredith Corporation d/b/a Better Homes & Gardens Real Estate Service

Wardley Corporation ("Wardley") brought breach of contract, negligent misrepresentation, and fraud claims against Meredith Corporation ("Meredith") following Meredith's sale of the rights to its Better Homes and Gardens trademarks to GMAC Home Services ("GMAC"). The district court exercised diversity jurisdiction over the matter pursuant to 28 U.S.C. § 1332(a)(1) and dismissed pursuant to Fed.

More...   $0 (02-25-2004 - UT)

Robert Gremminger and Georgia Gremminger v. Missouri Labor and Industrial Relations Commission.

Claimants appeal from the Final Award of the Labor and Industrial Relations Commission (the Commission) affirming the award of the Administrative Law Judge (ALJ) denying compensation from the Tort Victims' Compensation Fund for an unsatisfied money judgment in their favor for fraudulent representation. We affirm for the reason that fraudulent representation is not a "personal injury" compensated b

More...   $0 (02-25-2004 - MO)

Edgar F. Kaiser, Jr. v. Patrick D. Bowlen

Breach of contract and misrepresentation claims by Edgar F. Kaiser, former owner of the Denver Broncos, against Patrick D. Bowlen, who bought the team from Kaiser in 1984. Kaiser claimed that he had a right to repurchase the team from Bowlen and Bowlen breached the agreement when he offered to sell 20% of the team to former Broncos quarterback John Elway in 1998.

More...   $0 (02-23-2004 - CO)

Nadia Miller v. District of Columbia

This tragic case, which arises from the acciden tal death of two children in a fire, requires us once again to consider the reach of the "public duty" doctrine, which gen erally pr otects the Distric t, inter alia, from liability fo r alleged ne gligence on the part of police officers and firefighters in carrying out rescue operations. N adia Miller, individually and as a personal represent

More...   $0 (02-16-2004 - DC)

STEVEN CHILA v. RICHARD L. STUART ET AL.

In this action arising out of a contract dispute, the plaintiff, Steven Chila, appeals from the judgment of the trial court rendered in accordance with the report of an attorney trial referee (referee) in favor of the defendants, Richard L. Stuart and Robert L. Stuart, on their counterclaim against the plaintiff. The plaintiff had acted as a consultant to the defendants in forming a corp

More...   $0 (02-16-2004 - CT)

Arthur Holk and Andy Holk d/b/a Pleasure Motion v. USA Managed Care Organization, Inc.

USA Managed Care Organization, Inc. ("USA") filed suit in Texas against Alabama residents Arthur Holk and Andy Holk, individuals doing business as the boat "Pleasure Motion," for failing to fulfill their agreement to provide the use of the boat to USA for fishing trips. The Holks filed a special appearance claiming that because they are not residents of Texas, do not engage in business in Texas

More...   $0 (02-13-2004 - TX)

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