Misrepresentation Law
 
Randy Tindell v. Linda Murphy

Plaintiffs Randy and Linda Tindell bought a single family manufactured home
from defendant Linda Murphy in 2005 for $320,000. Defendant Christine Bradley
provided the appraisal. In 2009 the Tindells were unable to refinance the mortgage
because it is a manufactured home, not a modular home. The Tindells filed a fourth
amended complaint alleging Murphy and Bradley failed to disclose

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STATE OF IOWA vs. MICHAEL CORY KELSO-CHRISTY

In April 2015, Michael Kelso-Christy created a fake Facebook profile of a man, S.P., who had attended his high school. Posing as S.P., KelsoChristy began to send Facebook messages to women who also attended school with S.P. The messages informed women that S.P.’s profile had been hacked and that he had created a new one. Then, Kelso-Christy would attempt to solicit nude photographs or propositi

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UNITED STATES OF AMERICA v. JESSE C. LITVAK Ware restaurant owner accused of torching Rhode Island restaurant will testify on his own behalf

This case has a lengthy procedural history. In January 2013, the
15 government filed an indictment charging appellant with eleven counts of
16 securities fraud in violation of 15 U.S.C. §§ 78j(b), 78ff (Counts 1-11), one count of
17 fraud against the Troubled Asset Relief Program (“TARP”) in violation of 18
4
1 U.S.C. § 1031 (Count 12), and four counts of making false stateme

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Rae Weiler v. Marcus & Millichap Real Estate Investment Services, Inc.

Plaintiff Rae Weiler seeks a declaration and order from the superior court
that defendants Marcus & Millichap Real Estate Investment Services, Inc., et al., must
either (1) pay plaintiff’s share of the costs in the previously ordered arbitration, or (2)
waive their contractual right to arbitrate the underlying claims and allow them to be tried
in the superior court. We conclude, ba

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Ex Parte: Lorenzo Garcia

In 2010, Garcia waived his right to a jury trial and entered a negotiated plea of guilty to
two counts of aggravated assault with a deadly weapon. The trial court found the evidence
substantiating a finding of guilt, but it placed Garcia on deferred adjudication community
supervision for four years. In 2014, Garcia filed an application for writ of habeas corpus based
on alleg

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STATE OF OHIO -vs- MATHEW NICOLAS MIKU

Defendant-Appellant Mathew Nicolas Miku appeals his conviction for
murder and child endangering in the Court of Common Pleas, Stark County. Plaintiff
Appellee is the State of Ohio. The relevant facts leading to this appeal are as follows.
{¶2} On the late morning of March 4, 2016, paramedics from the Canton Fire
Department were dispatched to a residence on Dewalt Ave. NW in resp

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IIG Wireless, Inc. v. John Yi and Lauren Kim

The parties appeal and cross-appeal a judgment after a jury trial in this
business dispute. Plaintiff and cross-defendant IIG Wireless, Inc. (IIG) obtained a
judgment of $401,860 against defendant and cross-complainant John Yi. IIG also sued
Lauren Kim, Yi’s fiancée, who moved for and was granted a nonsuit during trial. Yi
obtained a judgment on his cross-complaint for $122,000, re

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Peter Hiam v. Homeaway.com, Inc. District of Massachusetts Federal Courthouse - Boston, Massachusetts

Duped into parting with thousands
of dollars to reserve a vacation rental property in Belize that
apparently did not exist, plaintiff Peter Hiam sued the owner of the
website on which he found the ersatz tropical villa, claiming that
the website's guarantee misled him. The district court granted
summary judgment to the website's owner, HomeAway.com, Inc.
("HomeAway"). On ap

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Joel D. Kettler v. Leslie Gould

Cross-defendants Leslie Gould and his wife Susan Gould
contend the trial court erred when it denied in part their antiSLAPP
(strategic lawsuit against public participation) motion.
The motion sought to strike certain allegations in a crosscomplaint
filed by Joel D. Kettler, alleging defamation and other
causes of action. The court denied the motion to the extent crosscomplainan

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Joyce Ledderer v. Gursey Schneider

Plaintiff Joyce Lederer employed accounting firm Gursey
Schneider LLP and its employee Spencer Inada (collectively,
Gursey) to manage her finances. As part of their agreement,
Gursey purchased insurance for Joyce1 and her family members.
Joyce requested that Gursey purchase uninsured/underinsured
insurance with a policy limit of $5 million. Gursey actually
purchased a polic

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UNITED STATES OF AMERICA v. JOSEPH RUTIGLIANO, PETER J. AJEMIAN,  MARIE BARAN, PETER J. LESNIEWSKI

The fraud scheme for which defendants stand convicted sought  to take advantage of a disability pension plan made available to LIRR 
16-3754-cr (L) United States v. Rutigliano  
employees  by  the  RRB.  The  LIRR’s  own  pension  plan  allowed  employees with 20 or more years of service to retire as early as age 50  and to receive payments equal to half their pre‐retirement income. 

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Adrian Jerome Parker v. The State of Texas

Adrian Jerome Parker rendered his open guilty plea to the trial court in Gregg County, on
all four counts of the indictment against him, and pled true to a sentence-enhancement allegation.
The trial court found Parker guilty of all four charges, found the enhancement allegation true, and
sentenced Parker to forty-five years’ imprisonment on each of Count I (engaging in organized

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Lisa Demargee v. Laura Pederson; Amy Van Ness District of Arizona Federal Courthouse - Phoenix, Arizona

As this court has stated repeatedly, families have a “wellelaborated
constitutional right to live together without
governmental interference.” Wallis v. Spencer, 202 F.3d
1126, 1136 (9th Cir. 2000); accord Kirkpatrick v. Cty. of
Washoe, 843 F.3d 784, 789 (9th Cir. 2016) (en banc); Burke
v. Cty. of Alameda, 586 F.3d 725, 731 (9th Cir. 2009); Rogers
v. Cty. of San Joaquin, 48

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Bobbydyne McMillan v. Cumberland County Board of Education; Joseph M. Locklear Eastern District of North Carolina Federal Courthouse - Raleigh, North Carolina

Appellant Bobbydyne McMillan was employed by the Cumberland County Board
of Education (“CCBE”) and resigned following an investigation into her conduct during
the course of her employment. She appeals the district court’s grant of summary
judgment in favor of the Defendants, CCBE, and Joseph M. Locklear,1 Associate
Superintendent of Human Resources, on her 42 U.S.C. § 1983 Fourteen

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STATE OF IOWA vs. CHRIS AARON FRAKES

On November 6, 2015, law enforcement officers executed a search warrant
at Frakes’s home. Officers based the warrant application on an anonymous tip
received three months earlier and on the reports from a named informant familiar
with Frakes’s drug distribution.
While searching Frakes’s home, officers discovered plastic baggies, scales,
drug paraphernalia, a small quan

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STATE OF CONNECTICUT v. RICARDO SWILLING Connecticut Supreme Court

The defendant, Ricardo Swilling, appeals from the judgment of conviction, rendered following a jury trial, of kidnapping in the first degree in violation of General Statutes § 53a-92 (a) (2) (A), home invasion in violation of General Statutes § 53a-100aa (a) (2), and assault in the second degree in violation of General Statutes § 53a-60 (a) (2).1 Additionally, following the defendant’s pleas of no

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STATE OF OHIO v. RAZOAR B.D. HARDING

This is an appeal from a judgment of conviction and sentence entered by the
Gallia County Court of Common Pleas following a guilty plea by Razoar B.D. Harding
(“Harding”), appellant herein, to one count of trafficking in drugs. On appeal, Harding first
contends that his guilty plea was not knowingly, voluntarily, and intelligently made because the
trial court failed to substant

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STATE OF KANSAS v. BROOKE DANIELLE DINKEL Sex Offender

Dinkel was hired as a counselor at Smoky Valley Middle School in Lindsborg, Kansas, for the 2012-13 school year. K.H. was an eighth grader there. His aunt was a friend of Dinkel's family and asked Dinkel to check on K.H. periodically because he had had difficulties at his previous school. K.H. was large for his age—6'2" and about 170 pounds.

Dinkel began counseling K.H. and frequently

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Margery Newman v. Metropolitian Life Insurance Company Northern District of Illinois Courthouse - Chicago, Illinois

At age 56, Margery Newman pur-chased a long-term-care insurance plan from the Metropoli-tan Life Insurance Company (“MetLife”). She opted for one of MetLife’s non-standard options for paying her insurance pre-miums; MetLife called the method she selected “Reduced-Pay
2 No. 17-1844
at 65.” When Newman was 67 years old, she was startled to discover that MetLife that year more than doubled he

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Jesse Mitchell and Kimberly Mitchell v. AbbVie, Inc. Northern District of Illinois Courthouse - Chicago, Illinois

Chicago, IL - Jury Finds in Favor of Plaintiff in AndroGel

Jesse Mitchell and Kimberly Mitchell sued AbbVie, Inc. on a product liability and negligence theories claiming that AbbVie failed to disclosed the potential risks associated with the use of the product that it sold to him and as a direct result he suffered a heart attack.

Date Filed
#
Docket Text
11/15/2017

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United States of America v. Rafael Christopher Cirino Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Philadelphia, PA - Sinking Spring, PA Man Sentenced 5 Years For Fraudulent Claims

Rafael Christopher Cirino, 36, of Sinking Spring, Pennsylvania, was sentenced by the Hon. Edward G. Smith, United States District Judge, to a term of 60 months’ imprisonment, to be followed by supervised release for a period of 5 years, as well as a $1,700 special assessment. This conviction was the result

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Jaime Gonzalez v. Owens Corning Western District of Pennsylvania Courthouse - Pittsburgh, Pennsylvania

This appeal involves a putative class action brought by consumers in four states who alleged that Appellees Owens Corning and Owens Corning Sales, LLC (collectively, Owens Corning) sold defective roof shingles and misrepresented the shingles’ expected useful life. Appellants challenge an order of the United States District Court for the Western District of Pennsylvania denying class certification.

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Heriberto Ponce v. Wells Fargo Bank

The trial court found that Ponce and Aranda’s complaint was presented primarily for an
improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the
cost of litigation. (§ 128.7, subd. (b)(1).)
On appeal, Ponce and Aranda argue that the claims asserted in their complaint
were not frivolous and therefore, could not have been asserted for an improper purpos

More...   $0 (03-17-2018 - CA)

Pauline Burkhart v. R.J. Reynolds Tobacco Company Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

This appeal, brought by three tobacco companies (“Appellants”), challenges on multiple grounds the judgment entered against them and in favor of Pauline Burkhart for compensatory and punitive damages. The judgment was awarded after a bifurcated, ten-day trial in which the jury found in Burkhart’s favor on her claims of negligence, strict liability, fraudulent concealment, and civil conspiracy. Thi

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James Webb v. Solarcity Corporation; Lyndon R. Rive; Robert K. Kelly Northern District of California Federal Courthouse - San Francisco

Plaintiff-Appellant James Webb brought this class action
lawsuit against Defendants-Appellees SolarCity
Corporation (SolarCity or the company), Lyndon R. Rive,
and Robert D. Kelly on behalf of the class of plaintiffs who
bought SolarCity shares between December 12, 2012—the
date of the company’s initial public offering (IPO)—and
March 18, 2014 (the Class Period). Webb claim

More...   $0 (03-08-2018 - CA)

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