Misrepresentation Law
 
UNITED STATES OF AMERICA v. MOHSIN RAZA UNITED STATES OF AMERICA v. FARUKH IQBAL, UNITED STATES OF AMERICA v. MOHAMMAD ALI HAIDER UNITED STATES OF AMERICA v. HUMAIRA IQBAL United States Court of Appeals for the Fourth Circuit

On April 23, 2015, a federal grand jury in Alexandria, Virginia, returned a seven
count indictment against the defendants — who were former employees of SunTrust’s
Annandale branch.2 The indictment’s first count charged them with conspiracy to commit wire fraud affecting a financial institution, in contravention of 18 U.S.C. § 1349.3
Counts 2 through 7 made substantive allegations

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Jennalyn Santos v. Los Angeles Unified School District

Appellants Jennalyn Santos and Douglas Morales were
driving northbound on Normandie Avenue in the City of Los
Angeles when a Los Angeles School Police Department (LASPD)
vehicle allegedly ran a red light and struck them. They were
transported to the hospital by ambulance, after being given a
card bearing the LASPD name, seal, address and website, and
the name of an LASPD of

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STATE OF NEW JERSEY v. WILFREDO RODRIGUEZ

In 2011, defendant pled guilty to first-degree aggravated
sexual assault, N.J.S.A. 2C:14-2(a)(1); second-degree sexual
assault, N.J.S.A. 2C:14-2(b); and two counts of fourth-degree
cruelty and neglect of children, N.J.S.A. 9:6-3. During the
plea colloquy, defendant admitted he (1) inserted his fingers
and penis into his cousin's vagina, who at the time of the
inciden

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Joseph Curry v. Yelp, Inc. Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Plaintiffs Joseph Curry, individually and on behalf of all
others similarly situated, and Miami Fire Fighters’ and
Police Officers’ Retirement Trust appeal the district court’s
dismissal with prejudice of Plaintiffs’ securities fraud
complaint for failure to state a claim. Plaintiffs argue that
the district court erred by holding that they did not
adequately plead falsity,

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Sandra Coy Briggs v. The State of Texas

It is undisputed that on January 12, 2012, after being admonished by the trial court,
Briggs pleaded no contest to the charge of intoxication manslaughter of a public servant
without a plea bargain agreement and elected to have a jury assess her punishment.
See TEX. TRANSP. CODE ANN. § 724.012(b)(1) (West, Westlaw through 2017 1st C.S.).
On January 20, 2012, after a hearing w

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UNITED STATES OF AMERICA, ex rel. ILYA ERIC KOLCHINSKY V. MOODY’S CORPORATION, et al., UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

The factual background of this case is set forth in this Court’s prior Opinion and
Order. United States ex rel. Kolchinsky v. Moody’s Corp., No. 12 CV 1399, 2017 WL 825478
(S.D.N.Y. March 2, 2017) (“Moody’s I”). In short, Kolchinsky brought this action on behalf of
the United States of America against Moody’s Corporation and Moody’s Investors Service, Inc.
under the False Claims

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State of Louisiana v. Robert Matthews. State of Louisiana Court of Appeal, Fourth Circuit

Officer Calvin Banks testified that on June 20, 2011, he and his partner, Officer Watson, responded to a call of three suspicious people, all of whom were wanted by police, selling drugs at 1517 Franklin Avenue. When the officers arrived at 1517 Franklin Avenue, they observed two unknown black females and one unknown black male, the defendant. Officer Banks requested that the subjects provide him

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Pablo Alfaro-Jimenez v. The State of Texas Court of Appeals - 4th District | Bexar County, TX

On July 10, 2014, San Antonio Police Officer Edward Rodriguez was dispatched for a
domestic disturbance. The complainant told the officers that her ex-boyfriend, identified as Juan
Alberto Torres Landa, was beating on the door, kicking the door, and threatening her. By the time
officers arrived, the ex-boyfriend was gone.
After conducting an investigation, and ensuring the

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David Smith v. Brian Smith, Cash Register Sales and Service of Houston d/b/a CRS Texas and POS Card Services, LLC Harris County Courthouse - Houston, Texas

In two issues in this contractual dispute, appellant David Smith challenges the trial court’s denial of his motion to transfer venue and grant of final summary judgment in favor of appellees, Brian Smith, Cash Register Sales and Service of Houston d/b/a CRS Texas, and POS Card Services, LLC. The trial court rendered summary judgment against David on his breach of contract claim and in favor of

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John F. Kay, Jr. v. McGuireWoods, L.L.P. Supreme Court of Appeals - Charleston, West Virginia

The petitioners, former shareholders of Kay Company (“Kay Co.”) and Kay Co, LLC (“Kay LLC”),1 appeal from two orders2 entered by the Circuit Court of Kanawha County through which summary judgment was granted to the respondent McGuireWoods, LLP (“McGuireWoods” or “MW”) in connection with claims the petitioners filed against McGuireWoods, their former legal counsel.3 As grounds for their appeal, the

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ANTONIO JONES vs STATE OF FLORIDA

Appellant moved to withdraw his plea after sentencing. The trial court ordered an evidentiary hearing on the issue of whether his counsel misadvised him regarding the strength of his case. Nevertheless, the court refused to appoint counsel to represent him at the evidentiary hearing. On appeal from the denial of the motion to withdraw his plea, appellant argues that the failure to appoint couns

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Oregon State University v. The Superior Court of San Diego County, George R. Sutherland, Real Party in Interest

Oregon State University (Oregon State) petitions for a peremptory writ of mandate
directing the superior court to vacate an order overruling Oregon State's demurrer to
George A. Sutherland's first amended complaint (complaint) and to enter a new order
sustaining the demurrer without leave to amend. Oregon State contends the challenged
order violates the federal Constitution's full

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E. Jeffrey Donner v. Jack Nicklaus Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

E. Jeffrey Donner and Judee Donner appeal the district court’s dismissal of
their intentional misrepresentation claim against Jack Nicklaus and Jack Nicklaus
Golf Club, LLC (collectively “Nicklaus”). Exercising jurisdiction under 28 U.S.C.
§ 1291, we affirm.
I
We will not discuss in detail the background facts of this case, which are
covered in our prior opinion, Donner v.

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CORY GHOLSTON v. STATE OF KANSAS

In September 2015, Gholston filed a K.S.A. 60-1507 motion for relief. The Kansas Supreme Court summarized the underlying facts of Gholston's case in his direct appeal. State v. Gholston, 272 Kan. 601, 602-05, 35 P.3d 868 (2001). The parties are familiar with the facts. Suffice it to say that Gholston was convicted of killing a two-year-old baby in a drive-by shooting.

Following Gholston

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Larisa's Home Care, LLC v. Karen Nichols-Sheilds

The issue presented is whether an adult foster care
provider claiming unjust enrichment may recover the reasonable
value of its services from a defendant who, through
fraud, obtained a lower rate from the provider for the services.
We conclude that, generally, a defendant who obtains
discounted services as a result of fraud is unjustly enriched
to the extent of the reasonab

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Jason Cannon v. Bodensteiner Implement Company, et al. Iowa Supreme Court

An independent contractor providing liquid manure disposal
services purchased a used Case IH tractor from a John Deere implement
dealer. When the tractor proved to be a “lemon,” the contractor brought
claims against multiple parties, including the implement dealer. The
trial court granted all of the defendants’ motions for summary judgment.
The contractor appealed and we transf

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Craig Armstrong v. James Krupiczowicz Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

Craig Armstrong appeals the de-nial of his motion for post-judgment relief in this lawsuit al-leging that he was wrongfully arrested and prosecuted for violating the Illinois Sex Offender Registration Act. The dis-trict court, which dismissed Armstrong’s original and amended complaints before service, concluded that relief under Federal Rule of Civil Procedure 59(e) was time-barred and that Armstr

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The Traveler's Property Casualty Company of America v. Actavis, Inc.

The United States faces an epidemic of addiction, overdosing, death, and
other problems brought on by the increasing use and abuse of opioid painkillers. This
epidemic has placed a financial strain on state and local governments dealing with the
epidemic’s health and safety consequences. To seek redress for the opioid epidemic, the
County of Santa Clara and the County of Orange bro

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International Medicine Center Enterprtises, Inc. and Edward R. Rensimer, M.D. v. Sconet, Inc. and Thomas F. Hurley Harris County Courthouse - Houston, Texas

International Medicine Center Enterprises, Inc. (“IMC”) and Edward R. Rensimer, M.D. (“Rensimer”) are appealing the judgment in favor of ScoNet, Inc. (“ScoNet”) and Thomas F. Hurley (“Hurley”), rendered after a jury trial. IMC and Rensimer argue that: (1) the trial court erred by granting a directed verdict against them on their Deceptive Trade Practices Act (“DTPA”) claim; (2) the trial court err

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Curtis Giovanni Flowers a/k/a Curtis Flowers a/k/a Curtis G. Flowers v. State of Mississippi

At approximately 9:00 on the morning of July 16, 1996, Bertha Tardy, the owner of
Tardy Furniture Store, called Sam Jones and asked him to come to the store to train two new
employees. When Jones arrived at the store a short time later, he discovered the bodies of
Bertha Tardy, Robert Golden, Carmen Rigby, and Derrick Stewart. All four victims had
been shot in the head; Stewart w

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Leonard Cottrell, et al. v. Alcon Laboratories, et al. Third Circuit Court of Appeals - Philadelphia, Pennsylvania

In this putative class action, consumers of prescription eye medication allege that manufacturers and distributors of the medication packaged it in such a way that forced them to waste it, violating the consumer protection statutes of their home states. The District Court dismissed the entire action for lack of jurisdiction, finding the consumers’ allegations of injury in fact insufficient to conf

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David Ganek v. David Leibowitz, et al. Second Circuit Court of Appeals - New York, New York

In this Bivens action, plaintiff David Ganek, a co‐founding
partner of investment fund Level Global Investors (“LG”), sues the
named agents of the Federal Bureau of Investigation (“FBI”) and
federal prosecutors in the United States Attorney’s Office for the
Southern District of New York (“SDNY”) for alleged violations of
his Fourth and Fifth Amendment rights in procuring

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Braulio Alvarado-Gutierrez v. The State of Texas Texas First Court of Appeals - Houston

The complainant, J.G., testified that, on September 20, 2014, when she was
thirteen years old, appellant, who was her mother’s boyfriend, instructed her to go
into her mother’s bedroom, and he followed behind her, pushing her with his hand.
Once in the bedroom, appellant picked up J.G. and put her on the bed. Appellant
then removed her shorts and panties, got on top of her, k

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Matthew Gadd v. Jonathan Campbell Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

In this interlocutory appeal, Defendant Jonathan Campbell, a South Jordan
City, Utah, police officer, challenges the district court’s decision to deny him
qualified immunity from Plaintiff Matthew Gadd’s 42 U.S.C. § 1983 claim. Having
jurisdiction under 28 U.S.C. § 1291, see Mitchell v. Forsyth, 472 U.S. 511, 524-30
(1985), we REVERSE because Gadd has failed to show that Officer Ca

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Steven Wormald and Elizabeth Anne Wormald v. Norman Villarina, Doug Wertheimer, Aaron Snegg and McGuffy Credit Facility 1, L.L.C. Fort Bend County Courthouse - Richmond, Texas

This accelerated appeal of the granting of three special appearances arises out of a borrower-lender dispute. After the lender, a limited liability company, brought a collection suit against the borrowers and guarantors, the guarantors filed a counterclaim against the lender and filed various claims against others. The
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guarantors now challenge the trial court’s granting of the special ap

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