Misrepresentation Law
 
Kimberly Foltz v. Darryl Wayne Johnson

Plaintiff and appellant Kimberly Foltz suffered a paralyzing
spinal injury after being thrown from her dirt bike during a ride with
her then fiancé, defendant and respondent Darryl Johnson. Foltz filed
an action alleging negligence against Johnson. Johnson successfully
moved for summary adjudication on the basis of primary assumption of
risk. Foltz concedes that primary assumpt

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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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Rick Lovelady Carpets, Inc. v. G.R. Chapman Limited Partnership and George R. Chapman a/k/a G.R. Chapman Potter County Courthouse - Amarillo, Texas

RLCI brought suit against Chapman, alleging a false representation of material fact by Chapman caused RLCI injury under various tort and contract theories.2 Chapman sought and obtained summary judgment against RLCI on the entire case. Finding on this record the case was not capable of disposition by summary judgment, we will reverse the judgment of the trial court and remand the case for further p

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United States v. Johnny D. Phillips Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

Johnny Phillips makes his living as a “land man.” Land men
scout rural property for coal mining potential and negotiate leases with the landowners to mine it.
When the government found out that Phillips performed work for New Century Coal, a company
that swindled millions of dollars from investors, it charged him with several crimes. A jury
convicted him of conspiracy to commit mai

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Jay Baska v. Rebecca McGuire Harris County Courthouse - Houston, Texas

Appellant, Jay Baska, challenges the trial court’s judgment in favor of appellee, Rebecca McGuire, in her suit against Baska for breach of contract and fraud. In his first through third issues, Baska contends that the statute of frauds1 bars
1 See TEX. BUS. & COM. CODE ANN. § 26.01 (West 2015).
2
McGuire’s breach-of-contract claim and, if sustained, he is entitled to a remand for
r

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Ted B. Lyon, III v. Building Galveston, Inc., D/B/A Building Solutions Galveston County Courthouse, Galveston, Texas

Ted B. Lyon, III, Lyon Properties & Custom Homes, LLC d/b/a Lyon Construction Services, and Building Galveston, Inc., d/b/a Building Solutions are appealing a final judgment rendered after a bifurcated trial. We reverse in part and affirm in part.
Background
In February 2010, Ted B. Lyon, III (Lyon), on behalf of Lyon Construction Services, and Building Galveston, Inc., d/b/a Building Solu

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Randall Silver v. Christine Annette Slusher

¶1 The dispositive issue is whether the terms of 36 O.S. 1981 § 3636 1 impose an affirmative duty upon insurers to provide an explanation of uninsured motorist coverage [UMC] to the named insureds as an indispensable precondition for a statutorily effective rejection. We answer in the negative.

¶2 Randall and Mikala Silver [insureds or the Silvers] were named insureds of an automobile ins

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United States of America v. Richard Weed United States Court of Appeals For The First Circuit - Boston, Massachusetts

Richard Weed, a securities lawyer,
wrote false opinion letters so that his two co-conspirators could
sell stock to the public in a "pump and dump" scheme.1 In
connection with this conduct, he was convicted of securities fraud,
wire fraud, and conspiracy to commit both. Following the jury's
guilty verdict, Weed moved for a judgment of acquittal. He argued
that the evidence w

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Divid Landon Speed v. JMA Energy Company, LLC Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Plaintiff David Landon Speed filed a petition (the Petition) in the District Court of Hughes County, Oklahoma, asserting a putative class action against defendant JMA Energy Company, LLC. He alleged that JMA had willfully violated an Oklahoma statute that requires payment of interest on delayed payment of revenue
2
from oil and gas production. He further asserted that JMA fraudulently conc

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Willis E. Urick, III v. Dana Urick as Trustee, etc.

A beneficiary filed a petition for instructions as to
whether the “no contest” clause of his mother’s trust had
been violated after his sister sought to reform the trust to
eliminate his interest. The sister, in her capacity as trustee,
filed a special motion to strike the petition under Code of
Civil Procedure section 425.16 (the anti-SLAPP statute),
1
which the probat

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Redflex Traffic Systems, Inc. v. James H. Watson

Chapter 707 of the transportation code authorizes local governments to implement photographic traffic signal enforcement systems, commonly referred to as red-light cameras, within their jurisdictions and to assess a civil penalty against the owner of a motor vehicle that runs through a red traffic light in
1See Tex. R. App. P. 47.4.
2
violation of the applicable traffic laws. See Tex.

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Braulio Alvarado-Gutierrez v. The State of Texas

A jury found appellant, Braulio Alvarado-Gutierrez, guilty of two offenses of aggravated sexual assault of a child1 and assessed his punishment at forty years’
1 See TEX. PENAL CODE ANN. § 22.021 (West Supp. 2016).
2
confinement for each offense, to be served concurrently. In two issues, appellant contends that the trial court erred in admitting his recorded statement because he did no

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Danny Barforough v. Nationstar Mortgage, LLC and U.S. Bank National Association

Appellant Danny Barforough sued appellees Nationstar Mortgage, LLC and U.S. Bank National Association, alleging breach of a previous settlement agreement after appellees notified Barforough that his mortgage was being accelerated and posted the subject property for foreclosure. Barforough claimed that a previous
2
settlement released him from all obligations related to the note encumbering

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United States of America ex rel., Joshua Harman v. Trinity Industries, Inc.; Trinity Highway Products, LLC Fifth Circuit Court of Appeals - New Orleans, Louisiana

The trial in this case offers two narratives. One of a hardworking man
who, angered by failures of guardrails installed across the United States—with
sometimes devastating consequences—persuaded a Texas jury of a concealed
cause of those failures. The other of the inventive genius of professors at Texas
A&M’s Transportation Institute, who, over many years of study and testing,

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RSB Vineyards, LLC v. Bernard A. Orsi

This is a breach of warranty action in the absence of a warranty. Plaintiff RSB
Vineyards, LLC (RSB) purchased a vineyard jointly owned by the four defendants,
including a residence that defendants had renovated and converted into a wine tasting
room. RSB later learned that the renovated residence was structurally unsound for
commercial use and was forced to demolish it.
In res

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Colin Turner v. Chippewa Valley Music Festival, Seekjoy Productions, LLC and Bounce Back, LLC d/b/a US Airbag Chippewa County Wisconsin

Chippewa Falls, WI - Jury Returns Defendants' Verdict in Personal Injury CAse

Colin Turner sued Chippewa Valley Music Festival, Seekjoy Productions, LLC and Bounce Back, LLC d/b/a US Airbag on negligence theories claiming that he was injured and/or damaged when he jumped into an airbag at an attraction at the Country Fest in Cadott in 2013

Court Record Events
Date Event Court

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Gerardo Medina v. South Coast Car Company, Inc.

In June 2013, plaintiff and respondent Gerardo Medina (plaintiff or Medina)
purchased a used 2008 Audi A4 automobile (2008 vehicle) from defendant and appellant
South Coast Car Company, Inc. (SCCC). Defendant and appellant Veros Credit, LLC
(Veros) subsequently accepted an assignment of Medina's retail installment sales contract
(RISC) (SCCC and Veros are sometimes collectively re

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A.A. Murphy, Inc. v. Banfield

¶0 1. In an action upon a negotiable promissory note, when the defendant-obligor admits the execution of the instrument and the amount due thereon, but by answer and counterclaim seeks to rescind the obligation, pursuant to which the note was executed, on the ground of fraud practiced upon him, tenders the benefits received under the contract, prays for restitution of money or property previously

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Minnie Marie Hopkins Silk v. Phillips Petroleum Company

¶1 Appeal from a jury verdict and judgment entered thereon against appellant, Phillips Petroleum Company (Phillips), for damages resulting from alleged fraudulent misrepresentation to plaintiff below, Minnie Marie Hopkins Silk (Silk). The jury apparently found that Phillips, acting through its agent, fraudulently induced Silk to sign an "option to renew clause" while she was executing a five-year

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Green Tree Acceptance, Inc. v. James W. Andersn

¶1 Defendants lived in a log home on their approximately 20 acre homestead north of Jay, Oklahoma in Delaware County. Sometime before April 30, 1992, they entered into a contract to purchase a mobile home. They signed a promissory note for $26,214.50 to purchase the home. The note is not dated, and the exact date of its signing is disputed. The sellers assigned the note to Plaintiff, Green Tree Ac

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Richard Bowman and Dana Bowman v. Michael Presley, et al.

¶1 The dispositive issue tendered on certiorari is whether summary judgment was erroneously given to the defendant realtors and sellers. We answer this question in the affirmative. A buyer of real property may rely upon the positive representations of realtors and sellers about the size of the property to be conveyed. When a realtor or seller of real property makes material representations to a pu

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L.Z. Gentry d/b/a Gentry Enterprises, Inc. v. American Motorist Insurance Company

¶1 In 1982, L.Z. Gentry, appellee/counter-appellant, began planning to construct a condominium project known as Rockwell Gardens. He contacted his insurance agent, Tom Lanthrop, agent for American Motorists Insurance Co., appellant/counter-appellee, concerning the purchase of an all-risk policy. Gentry had done business with Lanthrop as his insurance agent since about 1972. Gentry specifically ask

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Todd France v. Chaprell Jeep-Eagle Dodge, Inc.

¶1 Plaintiffs/Appellants Todd France and Kimberly France (the Frances) appeal from summary judgment granted to Defendants/Appellants Chaprell Jeep-Eagle Dodge, Inc. and Don Kite (Chaprell Jeep or Kite). The Frances filed suit alleging fraud after they discovered the new Dodge van they purchased from Chaprell Jeep had been partially repainted. Chaprell Jeep filed its motion for summary judgment arg

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¶1 Harold and Barbara Uptegraft brought this action against Dome Petroleum Corporation and Atlas Oil, Inc., in the District Court of Oklahoma County. The petition alleged a single cause of action against each defendant. The cause of action against Atlas alleged plaintiffs were induced to give up their rights in two oil wells while uninformed of certain facts concerning established production they

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Evalyn Tice v. Charles W. Tice

¶1 The question presented is whether a person, who induces another to marry by the oral promise to reimburse any lost alimony in the event of a subsequent divorce, is liable to pay alimony awarded under a previous divorce decree.

¶2 Evalyn (appellee-wife) and Charles Tice (appellant-husband) were married in Las Vegas, Nevada on December 31, 1979. Previously, Evalyn had received an alimony

More...   $0 (11-22-1983 - OK)

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