Misrepresentation Law
 
R.W. DISTRIBUTORS, INC. V. TEXARKANA TRACTOR COMPANY

R.W. is a wholesale distributor of riding lawnmowers, and it supplied Texarkana
Tractor with “Exmark mowers” to sell in its stores. On April 26, 2016, Texarkana Tractor
filed suit against R.W. Texarkana Tractor’s complaint asserted in part as follows:

6. Plaintiff obtained a number of mowers from the Defendant for sale in its facilities in Pulaski County and Polk County, Arkan

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Internal Revenue Service v. William Charles Murphy District of Maine Federal Courthouse - Portland, Maine

In this case, we need to determine
whether an employee of the Internal Revenue Service ("IRS")
"willfully violate[d]" an order from the bankruptcy court
discharging the debts of debtor-taxpayer William C. Murphy, as
that term is used in 26 U.S.C. § 7433(e). After careful
consideration, we hold that an employee of the IRS "willfully
violates" a discharge order when the emplo

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Jyll Brink v. Raymond James & Associates, Inc. United States District Court for the Southern District of Florida - Miami, Florida

Jyll Brink appeals the district court’s dismissal of her putative class action
complaint. She argues that the district court erred in determining that her state law
claims for negligence and breach of contract against Raymond James and
Associates, Inc. (“RJA”) were precluded under Title I of the Securities Litigation
Uniform Standards Act of 1998 (“SLUSA”), which prohibits class ac

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JAMES WILLIAM MOCK, III v. STATE OF FLORIDA

The appellant, James William Mock, III, argues that the trial court violated the principles of double jeopardy when it resentenced him on three counts to fifteen years in prison when it previously sentenced him to ten years in prison on those counts. Based on the written terms of the plea agreement, the representations made by the State and defense during the presentation of the plea agreement, an

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State of Tennessee v. Wesley Lynn Hatmaker

On May 11, 2017, the Defendant pled guilty to two counts of theft of property valued between $10,000 and $60,000, and four counts of theft of property valued between $60,000 and $250,000. As a part of the open plea, the State dismissed Count 7 of the indictment and the trial court determined the length and manner of service of the sentence.
At the guilty plea hearing, the Defendant stipulated

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STATE OF OHIO vs. MARVIN FISHER

On the evening of January 1, 2017, the Cleveland Fire Department (“CFD”)
responded to a fire at an apartment complex, in which ten adults and one infant lived. The fire
began in a courtyard outside the back door of Fisher’s unit and an unoccupied neighboring unit.
After CFD extinguished the fire, Battalion Chief Eric Burchak observed signs of arson. He also
noticed

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JOSEPH R. SHEPACK v. KANSAS DEPARTMENT OF REVENUE

On September 20, 2014, after receiving a report from the dispatcher that a pickup was driving erratically on the turnpike, a trooper spotted a truck matching the description pass by him when he was on the side of the road dealing with another car stop. His patrol car's emergency lights were activated while conducting this stop. The trooper noted that the passing truck did not move all the way into

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United States of America v. Stephan D. Boggs Southern District of Ohio Courthouse - Cincinnati, Ohio

As a rule, people like to get what they pay for. Certainly
that’s true of the Department of Defense (DOD), which is tasked with buying military equipment.
So when the DOD discovered that many items it had purchased from a machine shop owned by
Stephan Boggs,1 a long-time DOD contractor, varied from the requirements specified by the DOD,
it started an investigation. That investigati

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James Gund v. County of Trinity

This lawsuit alleges that a Trinity County deputy sheriff phoned citizens James
and Norma Gund -- who do not work for the County -- and asked them to go check on a
neighbor who had called 911 for help likely related to inclement weather. The Gunds
1
unwittingly walked into a murder scene and were savagely attacked by the man who
apparently had just murdered the neighbor and her

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Tulsa Property, LLC and Tulsa C Property, LLC v. Claremore Automoall, LLC, d/b/a Jim Glover on the River, James Glover, Kristen Glover, Kristen Gaylean, Jared Glover, Steve Harris and Holly Allen Morelaw Internet Marketing for Legal Professionals Helping People Find You On The Internet 888-354-4529

Tulsa, OK - Tulsa Property, LLC and Tulsa C Property, LLC sued Claremore Automoall, LLC, d/b/a Jim Glover on the River, James Glover, Kristen Glover, Kristen Gaylean, Jared Glover, Steve Harris and Holly Allen on fraud, breach of contract, misappropriation of trade secrets and deceptive trade practices.

The Petition filed by the Plaintiffs stated the following:

COME NOW Plaintiff

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Green Meadow Realty Co., d/b/a Keller Williams Realty v. Roger P. Gillock and Mary Gillock Morelaw Internet Marketing for Legal Professionals Helping People Find You On The Internet 888-354-4529

¶1 This case concerns a dispute between Green Meadow Realty Co. (Realtor) and Roger and Mary Gillock (Owners) over Realtor's right to a commission. The trial court and Court of Civil Appeals resolved this dispute in favor of Realtor on the basis of the summary judgment record presented by the parties. Both courts found Owners were bound by an addendum to the listing agreement, even though it conta

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Rockville Cars, LLC v. City of Rockville, Maryland United States Court of Appeals for the Fourth Circuit

Rockville Cars, LLC and Priority 1 Automotive Group, Inc. (“Rockville Cars”), brought a Section 1983 suit in the District of Maryland against the City of Rockville, Maryland (“the City”) and its Acting Chief of Inspection Services, Robert L. Purkey, Jr. In its action, Rockville Cars alleged a violation of its procedural due process rights under the Fourteenth Amendment when the City suspended its

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Stephen Six v. Generation Federal Credit Union United States Court of Appeals for the Fourth Circuit

This appeal arises out of the district court’s order sanctioning three attorneys and their law firms under both its inherent authority and 28 U.S.C. § 1927. Finding no abuse of discretion, we affirm.
I.
The district court based its decision to award sanctions on a comprehensive evaluation of the attorneys’ conduct. That conduct was, in many respects, egregious, and it continued throughout

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TESAR INDUSTRIAL CONTRACTORS, INC. v. REPUBLIC STEEL

In 2012, Republic initiated a project to construct an electronic arc furnace at
Republic’s facility in Lorain, Ohio. The project involved several components, including the
erection of supporting and surrounding structures. Republic solicited bids for the project, which
required multiple contractors to perform different and overlapping portions.
{¶3} Tesar submitted an initia

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Port Medical Wellness, Inc. v. Connecticut General Life Insurance Company

Port Medical Wellness, Inc. (Port Medical) sued the
International Longshore & Warehouse Union—Pacific Maritime
Association Welfare Plan (Plan), its Board of Trustees (Board),
and its former claims administrator, Connecticut General Life
Insurance Company (Connecticut General), seeking payment for
health care services provided to persons eligible for benefits
under the Plan.

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Gino Velez Scott v. United States of America Middle District of Florida Federal Courthouse - Tampa, Florida

Prosecutors are “servant[s] of the law” and should “prosecute with earnestness and vigor.” Berger v. United States, 295 U.S. 78, 88 (1935). But though the prosecutor “may strike hard blows, he is not at liberty to strike foul ones.” Id.
More than fifty years ago, Brady v. Maryland, 373 U.S. 83, 87 (1963), established that a prosecutor’s suppression of material evidence favorable to the accused

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ALEJANDRO GARRIDO, TANYA HOOF, and TANYA HOOF as limited conservator for the minor child M.I. v. TEAM AUTO SALES, INC. Morelaw Internet Marketing for Legal Professionals Click Here To Find A Lawyer 888-354-4529

Hoof and Garrido were involved in a romantic relationship and lived together with M.I. and several other family members in Rapid City. After Hoof’s personal vehicle became inoperable, she decided to purchase another one. On February 10, 2014, Hoof and Garrido went to TAS to search for a vehicle. [¶3.] TAS showed Hoof and Garrido a 1991 Honda Accord it had for sale. The vehicle had over 180,000

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Shelly Albert v. Truck Insurance Exchange

Good fences make good neighbors. Unless they obstruct an
easement.
Shelly Albert’s neighbor, Henri Baccouche, sued her for
“abatement of private nuisance,” alleging Albert had erected and
refused to remove a fence that partially blocked the only road
leading to Baccouche’s undeveloped property. Albert tendered
Baccouche’s complaint to her homeowners and umbrella insurers,

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Charles E. Yeager v. Peter Holt

Defendants Peter Holt, Holt Law Firm, and Bethany Holt (collectively Holt,
except as noted) appeal from an order denying their special motion to strike (also known
as an anti-SLAPP--Strategic Lawsuit Against Public Participation--motion).1
Peter Holt
and his law firm briefly represented Charles E. and Victoria Yeager (collectively Yeager,
except as noted) and successfully sued

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GREEN MEADOW REALTY CO. v. GILLOCK

This case concerns a dispute between Green Meadow Realty Co. (Realtor) and Roger and Mary Gillock (Owners) over Realtor's right to a commission. The trial court and Court of Civil Appeals resolved this dispute in favor of Realtor on the basis of the summary judgment record presented by the parties. Both courts found Owners were bound by an addendum to the listing agreement, even though it containe

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Debbie Williams, et al. v. Affinion Group, LLC, et al. Southern District of New York - New York, New York

The post‐transaction marketing employed by Trilegiant and its e‐merchant
partners functions as follows. Online merchants such as Buy.com, Inc. and
Priceline.com, Inc. enter into an arrangement with Trilegiant to permit the
advertisement of membership club programs to their customers. In the course
of completing a transaction, a link, banner, or webpage appears on the

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STATE OF OHIO v. TANNER D. HOPKINS

This case arises from the January 13, 2015 assault suffered by Chaenin
Taylor. At the time of the assault, Taylor was seven-months pregnant. As a result of
the assault, the fetus died.
{¶ 3} Following an investigation, Hopkins was indicted on one count of murder
(purposeful) in violation of R.C. 2903.02(A), one count of involuntary manslaughter in
violation of R.C. 2903

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Christopher Alexander v. Scripps memorial Hospital La Jolla

This case raises issues concerning the legal obligations imposed on health care
providers when a patient's health care directives conflict with the providers' opinions that
the requested care would be medically ineffective and may cause harm. Elizabeth
Alexander, a 70-year-old woman suffering from end-stage terminal pancreatic cancer,
died four days after she was transferred from a

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Kimmy McNair and Larry McNair v. Johnson & Johnson, Janssen Pharmaceuticals, Inc. and Ortho-McNeil Pharmaceutical, Inc. Morelaw Internet Marketing for Legal Professionals We Turn Your Successes Into Marketing Call Today! 888-354-4529

This matter is before this Court upon a June 9, 2017, order of the United
States Court of Appeals for the Fourth Circuit certifying the following question:
Whether West Virginia law permits a claim of failure to warn and negligent misrepresentation against a branded drug manufacturer when the drug ingested was produced by a generic manufacturer.
By order dated August 30, 2017, this Cou

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State of Tennessee v. Patrick Jayson Reeners Tennessee Court of Criminal Appeals

On April 21, 2016, the Defendant pleaded guilty to disorderly conduct, a Class C misdemeanor, public intoxication, a C misdemeanor, (Case 729-2015) and telephone harassment, a Class A misdemeanor (Case 806-2015). The trial court reviewed the offenses for which the Defendant was entering guilty pleas and the agreed-upon sentences. The Defendant confirmed his understanding of the plea agreement.

More...   $0 (05-09-2018 - TN)

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