Misrepresentation Law
 
Miller v. Troy Laundry Machinery Co., Inc.

¶1 This is an appeal by the plaintiff in the trial court, from an order sustaining defendant's demurrer to plaintiff's evidence, and rendering judgment for defendant on its cross-petition.

¶2 The petition in its original form sought damages caused by an alleged breach of defendant's oral warranty as to fitness and condition of a certain laundry machine purchased by plaintiff from defendan

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Distin Harkrider v. Raymond Posey

¶1 The dispositive issue on certiorari is whether the trial court's summary judgment for plaintiff-garnishor is correct. We answer in the affirmative.

I
ANATOMY OF LITIGATION

¶2 On the night of 28 June 1996 Dustin Harkrider ("Harkrider") was crossing an intersection in his automobile when it was struck by a 1979 Ford pickup driven by Raymond Edward Posey ("Posey"). The pickup

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STATE OF KANSAS v. JASMON DEVAR WATSON






During the time period from March 2011 to July 2015

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United States of America v. Mark Lipetz




Honolulu, HI - Maui Doctor Pleads Guilty To Health Care Fraud

Mark Lipetz, 50, owner and operator of the South Maui Clinic in Kihei, Maui, pleaded guilty to two counts of health care fraud and one count of acquiring a con

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STATE OF OHIO v. JEREMIAH FORD


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The instant appeal arose from an incident that occurred between
appe

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State of Oklahoma v. James Jeffrey Daniels


Norman, OK - The State of Oklahoma charged James Jeffrey Daniels with:

Count # 1. Count as Filed: OBTCDF, OBTAINING OR ATTEMPT CONTROLLED DRUG FRAUD, in violation of 63 O.S. 2-407
Date of Offense: 01/08/

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Billy F. May v. Juan Segovia

Billy F. May, a former federal prisoner, brought this action in federal district
court under Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). Mr. May
claims he was denied his due process rights as a prisoner when he was quarantined
without a hearing during a scabies infestation at the prison. The magistrate judge
granted Mr. Segovia summary judgment on two issues: first, th

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STATE OF OHIO vs. JUSTIN RAY BLEVINS

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Charles D. Croslin v. Enerlex, Inc.

¶1 Charles D. Croslin,1 Glenn Croslin, and Irma Jean Gowin (plaintiffs) sued Enerlex, Inc. (defendant) seeking rescission of mineral deeds and tort damages. The dispositive issues on certiorari are: 1) whether the summary judgment record on appeal establishes that defendant owed the plaintiffs a duty to disclose the pooling order and the accrued mineral proceeds when it made an unsolicited offer t

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Gustavo Lopez v. Todd B. Rollins

¶1 Plaintiffs/Appellants Gustavo Lopez and Valerie Lopez (Buyers) appeal the trial court's order granting summary judgment in favor of Defendants/Appellees Todd B. Rollins and Katherine Ann Rollins, Todd B. Rollins Living Trust, Katherine A. Rollins Living Trust (collectively, Sellers), Newport Appraisal Co., Inc., McGraw Davisson Stewart, LLC (McGraw Davisson), Laura Hawkins, Walter & Associates,

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Phillip Estrada v. Dennis Kriz

¶1 Plaintiff/Appellant Phillip Estrada (Estrada) appeals the trial court's Order granting the motion to dismiss of Defendants/Appellees Dennis Kriz, Hodges Transport, Mid-America Pallet, LLC, et al. (collectively, Defendants). Defendants moved for dismissal "based upon [Estrada's] failure to plead [fraud] with particularity, the Doctrine of Laches and the Doctrine of Equitable Estoppel." Based on

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Vivian Phillips v. Merry X. Ball

¶1 The defendant in error, Merry X. Ball, hereafter referred to as "plaintiff", instituted this action on December 7, 1953, against the plaintiffs in error, hereafter referred to as "defendants" or by name, to recover an undivided 2/9ths interest in the estate of Dewey W. Smith, her deceased father who died intestate in 1942 a resident of Cotton County, Oklahoma, and for an accounting in connectio

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FARMERS STATE BANK, WATHENA, KANSAS v. WILLIAM ORCUTT, et al.


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The underlying facts of this case are set out in Farmers State Bank v. Orcutt, 2012

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STATE OF KANSAS v. ROGER BRYAN SCHMIDT












On May 15, 2017, Schmidt pleaded no contest to one count of unlawful possessi

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United States of America v. Julie Osnes and Julie Osnes Consulting, LLC




Spokane, WA - Consultant Agrees to Pay $751,571 to Settle False Claims Act Liability for Alleged Falsification of Snap Quality Control Data

Julie Osnes and her company, Julie Osnes Consulting LLC (together “Osnes”), of Pierre, South Dakota, agreed to pay the United States $7

More...   $751571 (06-18-2019 - WA)

DAVID BOX v. J.B. HUNT TRANSPORT, INC.

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After we reversed and remanded, Box filed a motion for damages and attorney’s fees
against J.B. Hunt. Box sought damages i

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Big Horn Coal Co. v. Sylvia Sadler, widow of o/b/o Edgar Sadler, deceased, et al.





Big Horn Coal Company petitions this court to review the judgment of the
Department of Labor Benefits Review Board (“Board”) awarding benefits to Edgar
Sadler, a then-living miner, under the Black Lung Benefits Act (BLBA or “the Act”),
30 U.S.C. §§ 901-9

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Arkady Berger v. Gary Varum

Plaintiff Arkady Berger sought to collect an underlying judgment against
defendant Gary Varum and his company, defendant Telesis Engineers, Inc. (jointly the
Varum defendants). Berger alleged the Varum defendants fraudulently transferred assets
to other defendants in an effort to avoid paying the judgment. While Berger’s
enforcement action against the Varum defendants and defendant

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Southern California Gas Company v. The Superior Court of Los Angeles, First American Wholesale Lending Corporation, Real Party in Interest

This case concerns a massive, months-long leak from a
natural gas storage facility located just outside Los Angeles.
According to the allegations before us, the accident severely
harmed the economy of a nearby suburb. We must decide if local
businesses — none of which allege they suffered personal injury
or property damage — may recover in negligence for income lost
because

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STATE OF MONTANA v. JOSEPH DEE WALBRIDGE






Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Interna

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Erie Insurance Company, a/s/o v. Amazon.com, Inc. and Ebay, Inc.





The main issue before us is whether Amazon.com, Inc., is subject to liability for a defective product that a customer purchased on its website from a third-party seller with Amazon “fulfilling” the transaction by storing the product and shipping it to the customer.
Trung

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United States of America v. Chad Poage, D.O.




Clarksburg, WV - West Virginia Physician Pleads Guilty to Drug Charge

A Morgantown, West Virginia, physician pleaded guilty to obtaining controlled substances by fraudulently writing prescriptions using colleagues’ Drug Enforcement Administration (DEA) numbers and presenting stolen

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STATE OF OHIO vs. TERRENCE W. FANNON






This appeal raises a pair of sentencing questions: for

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Anthony Kavanaugh v. The State of Texas

As set out above, Kavanaugh was charged with theft and burglary of a habitation,
and he was placed on community supervision for ten years after pleading guilty to both offenses.
Several months after Kavanaugh pleaded guilty, the State filed motions to revoke his community
supervision in both cases. In both motions, the State alleged that Kavanaugh failed to report to his
community

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Michael B. Burch v. Certainteed Corporation


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Plaintiffs Michael and Cindy Burch sued defendant CertainTeed Corporation, an
asbestos-cement (A/C) pipe manuf

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