Misrepresentation Law
 
Stronger v. Sorrell

Three years after the trial court awarded custody of the parties’ minor children to the mother, the father filed a Trial Rule 60(B) motion to set aside the judgment on grounds of fraud on the court. The trial court denied the motion, and the Court of Appeals reversed. Having previously granted the mother’s petition to transfer, we now affirm the trial court.

Facts and Proce

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BBSerCo, Inc., a Colorado Corporation, #84-1291855 v. Metrix Company; Green Bay Dressed Beef, Inc.,(Defendant-Appellant); John Schoen

This dispute arises from a failed joint venture to produce and market fetal bovine serum. Green Bay Dressed Beef, Inc., (Green Bay) appeals from a final order of the district court2 denying its motion for judgment as a matter of law (JAML) and upholding a jury verdict on breach of contract and fraud claims in favor of BBSerCo, Inc. We affirm.

I

Because BBSerCo prevailed at trial, we m

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American Heritage Life Insurance Company; First Colonial Insurance Company; and Fidelity National Corporation, d/b/a Republic Finance, Inc. v. Ellis B. Lang

Plaintiffs-Appellants assert that the district court erred in denying their motion to compel arbitration. This Court remands to the district court for adjudication of Defendant Appellee's claim of fraud in the inducement. On September 13, 2001, Plaintiffs-Appellants American Heritage Life Insurance Company ("American Heritage"), First Colonial Insurance Company ("First Colonial"), and Fidelit

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We have for review the decision of the Fourth District Court of Appeal in Sullivan v. Sears Authorized Termite & Pest Control, Inc., 780 So. 2d 996 (Fla. 4th DCA 2001), which certified conflict with the Fifth District Court of Appeal's decision in Terminix International Co. v. Ponzio, 693 So. 2d 104 (Fla. 5th DCA 1997), on the issue of whether a provision requiring arbitration in an agreement

More...   $0 (05-02-2002 - FL)

The plaintiff, Mark Oliveira, filed a one count, amended class action complaint against the defendant, Amoco Oil Company, in the circuit court of Champaign County. The complaint alleged that defendant violated the Consumer Fraud and Deceptive Business Practices Act (Act) (815 ILCS 505/1 et seq. (West 1996)) by falsely representing in a series of advertisements that the use of its premium gasolines

More...   $0 (06-20-2002 - IL)

Weststar Mortgage Corporation v. Ken Jackson

Plaintiff Weststar Mortgage Corporation (Weststar) appeals from a jury verdict granting compensatory and punitive damages to Defendant Ken Jackson (Jackson). Weststar, seeking to recover money from Jackson that belonged to Weststar, had filed an action against Jackson for unjust enrichment, fraud, constructive fraud, conversion, and promissory estoppel. In response, Jackson filed a counterclaim al

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Marvin Lumber and Cedar Co. v. PPG Industries Inc.

The Marvin companies are Minnesota and Tennessee corporations that manufacture and sell custom-made wooden doors, windows, and other construction products. PPG makes and sells, among other things, wood preservatives, primers, and coatings. The dispute here arose from Marvin's purchase of wood preservatives from PPG for Marvin's use in treating its windows and doors.

The Marvin companies are

More...   $135800000 (02-14-2002 - MN)

Ricky Eugene Clark v. State Farm Mutual Automobile Insurance Company

Plaintiff-Appellant Ricky Eugene Clark filed a class action suit in Colorado District Court, County of Pueblo, against Defendant-Appellee State Farm Mutual Automobile Insurance Co. ("State Farm") for extended personal injury protection ("PIP") benefits under the Colorado Auto Accident Reparations Act ("CAARA"). See Colo. Rev. Stat. §§ 10-4-701 to -726 (2000).(1) Clark sought reformation of an insu

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Ricky Eugene Clark, on bahalf of himself and all others similarly situated v. State Farm Mutual Automobile Insuance Company

I. INTRODUCTION

Plaintiff-Appellant Ricky Eugene Clark filed a class action suit in Colorado District Court, County of Pueblo, against Defendant-Appellee State Farm Mutual Automobile Insurance Co. ("State Farm") for extended personal injury protection ("PIP") benefits under the Colorado Auto Accident Reparations Act ("CAARA"). See Colo. Rev. Stat. §§ 10-4-701 to -726 (2000).(1) Clark sough

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Martin B. Judge v. Blackfin Yacht Corporation, et al.

In these consolidated appeals, plaintiff seeks to reverse the trial judge's grant of defendants'See footnote 11 motion for a new trial; and third-party defendant, Clarks Landing Marina, Inc. (Clarks Landing), seeks to reverse the judge's denial of its motion for judgment notwithstanding the verdict. We reverse the grant of a new trial and the denial of judgment notwithstanding the verdict (J.N.O

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Adriana Cano, M.D. vs. North Texas Nephrology Associates, P.A.

Appellant Adriana Cano, M.D. brought suit against her former employer, appellee North Texas Nephrology Associates ("NTNA"), for breach of contract, fraudulent inducement, and for a declaratory judgment. Appellant moved for a partial summary judgment on the liability portion of her breach of contract claim, which the trial court denied. The case was tried before a jury, and at the close of appellan

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Palisades Safety & Insurance Association v. Leonel Bastien and Paule Bastien, et als.

This appeal concerns entitlement to personal injury protection (“PIP”) benefits pursuant to N.J.S.A. 39:6A-4. We are called on to consider whether a wife, who resides with her husband (the insured) but intentionally is not named on his policy of automobile liability insurance, may receive PIP benefits for injuries sustained while driving one of the insured vehicles. At issue is whether

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Christian Valencia et al., v. Sung M. Lee et al.

Defendant City of New York (the "City") appeals from a judgment entered in the United States District Court for the Eastern District of New York, following a bench trial before David G. Trager, Judge, ordering the City to pay plaintiff Christian R. Valencia ("Christian"), an infant represented by his mother and natural guardian, Teresa Franco (collectively "plaintiffs"), $385,000, on the ground th

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Lisa G. Ordukaya v. Paris H. Brown

Plaintiff Lisa G. Ordukaya appeals from orders of the Family Part: 1) denying her motion to modify a child support award arising from a negotiated property settlement entered into between plaintiff and defendant Paris H. Brown; and 2) denying her motion to set aside the property settlement agreement incorporated in the judgment of divorce. In both instances, the motion judge denied the respective

More...   $0 (01-31-2003 - NJ)

Bryan Flock et al. v. Scripto-Tokai Corporation et al.

Plaintiffs, Bryan Flock, Omy Ray Munsinger, Patricia Harris Munsinger, and Mickey Britt, appeal the district court's judgment granting summary judgment to defendants, Scripto-Tokai Corporation ("Scripto") and Tokai Corporation ("Tokai") (collectively "Scripto-Tokai"). The district court concluded that the plaintiffs could not establish that a defect in an Aim 'n Flame utility lighter designe

More...   $0 (02-07-2003 - TX)

MCN Energy Enterprises, Inc., etc. v. Omagro De Columbia, L.D.C.

Appellant MCN Energy Enterprises, Inc. (MCN) asks that we reverse the jury's verdict and trial court judgment awarding Appellee Omagro De Colombia, L.D.C. (Omagro) $2,781,041.36 for a claim of negligent misrepresentation and that we render judgment that Omagro take nothing. We will affirm.

The Agreement

Omagro is a company controlled by petroleum engineer Naresh Vashisht. Omagro prod

More...   $2781041 (02-07-2003 - TX)

Carnell v. Barker

Stacie Carnell and Morgan McCarthy and Jerry and Cindy Carnell filed separate complaints for wrongful death and personal injury against numerous defendants following the deaths of two children and the injury of another child in a house fire. They appeal the district court's grant of summary judgment as to all defendants.

I. FACTS AND PROCEDURAL BACKGROUND

This case stems from a house fire

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Electronic Bankcard Systems, Inc., et al. v. Retriever Industries, Inc., d/b/a Retriever Payment Systems, et al.

On February 5, 1999, appellants, Electronic Bankcard Systems, Inc. (EBS), and its owner, Glenn Francis (Francis), filed suit against appellees, Retriever Industries, Inc. (RII), Retriever Payment Systems (RPS), Retriever Sales, Inc. (RSI), First National Bank of Omaha (FNBO), and Walter Raines (Raines). RPSI, Inc. (RPSI) intervened in the lawsuit as a defendant. Appellants' suit alleged tortious

More...   $0 (01-31-2003 - TX)

Mohammed Atique Ahmed V. Shimi Ventures, L.P. and Beltway Insurance Agency, Inc.

Appellant, Mohammed Atique Ahmed, takes this interlocutory appeal from the granting of a temporary injunction. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(4) (Vernon Supp. 2003). We determine (1) whether the trial court could enter, and whether we may review in this interlocutory appeal, a modified temporary injunction order that was entered after Ahmed had appealed the original temporary inj

More...   $0 (01-31-2003 - TX)

Mary Zanakis-Pico and Thomas Pico, Jr. v. Cutter Dodge, Inc.

The plaintiffs-appellants/cross-appellees, Mary Zanakis-Pico and Thomas M. Pico (the Picos) appeal from the amended judgment of the first circuit court, the Honorable Gary W.B. Chang presiding, filed on November 4, 1999. The Picos argue that the circuit court erred in: (1) partially granting the motion of the defendant-appellee/cross-appellant Cutter Dodge, Inc., dba Cutter Dodge Chrysler Plymouth

More...   $0 (06-14-2002 - HI)

Golden Rule Insurance Company v. Mark Schwartz

In July 1985, plaintiff, Golden Rule Insurance Company, filed an action in the circuit court of Lawrence County, seeking a declaration that it was entitled to rescind a health insurance policy it had issued to defendant, Mark Schwartz. Defendant subsequently filed a countersuit in the action. In 1997, the cause was transferred to the circuit court of Cook County. Ultimately, the circuit court gran

More...   $0 (01-24-2003 - IL)

Bank of Lake Tahoe; Joseph Bordeau v. The Bank of America; State of Nevada, Financial Institutions Division; Rober

We consider in this case whether the state of Nevada waived its Eleventh Amendment immunity by removing a lawsuit from state to federal court. We address this question only in the context of claims brought under state law because no valid federal claims have been brought against Nevada. Bound by the Supreme Court's recent decision in Lapides v. Board of Regents, 122 S. Ct. 1640 (2002), which

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Jerome Edwards and Joseph Garofolo v. Prudential Property and Casuality Company et al.

Automobile general liability policies issued by the defendant insurance companies in this case contain a Compensation Provision, under which defendants agree to reimburse their insureds for out-of-pocket expenses incurred while the insureds attended court proceedings in a personal injury action defended by the insurers. In these consolidated appeals, the central issue is whether defendants have a

More...   $0 (01-21-2003 - NJ)

The Money Masters, Inc., et al. v. TRW, Inc., et al.

The Money Masters, Inc. (Money Masters), The Masters of Money and Credit Corp. (Masters of Money), The Masters System, Inc. (Masters System), and Bruce Danielson (Danielson) (collectively appellants) appeal summary judgments in favor of TRW, Inc. (TRW), Trans Union Corp. (Trans Union), CSC Credit Services, Inc. (CSC), Experian Corp. (Experian), TRW/Experian employees Diane Fleming (Fleming) and Ke

More...   $0 (01-24-2003 - TX)

Carlos Gonzales and Janet R. Jones v. American Title Company of Houston, et al.

Appellants, Carlos Gonzales and Janet R. Jones (the borrowers), filed suit seeking an injunction to prevent foreclosure on their home and for damages against Resource Bancshares Mortgage Group (RBMG), Woodforest Bancshares, Inc. (Woodforest) and American Title Company of Houston (American Title). American Title counterclaimed for attorneys' fees and costs. The trial court granted summary judgment

More...   $0 (01-24-2003 - TX)

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