Misrepresentation Law
 
Energy Insurance Mutual Limited v. Ace American Insurance Company

This insurance coverage dispute arises from a massive explosion that occurred
when an unmarked petroleum pipeline was struck by an excavator. Numerous lawsuits
were filed against a range of defendants, including the pipeline owner and the staffing
agency providing personnel to the pipeline. After settling the lawsuits against the
pipeline owner, an excess insurer for the pipeline s

More...   $0 (08-12-2017 - CA)

PGA West Residential Association, Inc. v. Hulven International, Inc.

In its lawsuit against Hulven International, Inc. (Hulven) and various other
defendants, PGA West Residential Association, Inc. (PGA West) alleged defendant
Dempsey Mork1 tried to fraudulently insulate the equity in his condominium from
creditors by naming Hulven, a sham corporation entirely owned and controlled by Mork,
as the beneficiary of a deed of trust and note, and by later

More...   $0 (08-10-2017 - CA)

Mountain Air Enterprises, LLC v. Sundowner Towers, LLC

In this complex real estate purchase transaction, the seller brought a breach
of contract action against the buyers for failing to purchase the subject property.
The defendant buyers asserted an affirmative defense of novation, arguing that
they were not liable under the purchase agreement because it had been superseded
by the parties‟ option agreement; that option agreement

More...   $0 (08-06-2017 - CA)

United States of America v. Elder Nehemias Lopez Hernandez, et al. Eleventh Circuit - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

The United States prosecuted these four defendants—Lopez Hernandez, Hernandez Almaraz, Aguilar Lopez, and Savala Cisneros—under the Maritime Drug Law Enforcement Act (MDLEA), which criminalizes an individual’s possessing with intent to distribute a controlled substance “[w]hile on board a covered vessel,” which includes “a vessel subject to the jurisdiction of the United States,” which in turn inc

More...   $0 (07-28-2017 - FL)

Richard Ewald v. Nation Star Mortgage, LLC

Plaintiff Richard Ewald, through counsel, timely appealed from a judgment
following a successful defense motion for summary judgment.
Ewald‟s counsel fails to articulate the standard of review on appeal, in and of itself
a potentially fatal omission. “ „Arguments should be tailored according to the applicable
standard of appellate review.‟ [Citation.] Failure to acknowl

More...   $0 (07-28-2017 - CA)

The Estuary Owners Association v. Shell Oil Company

In three cases consolidated in the trial court, the Estuary Owners Association
(EOA) and individual owners of condominiums built on the site of a former bulk fuel
distribution terminal sued successive owners and developers of the property, as well as
contractors involved in constructing the condominiums, over alleged contamination of
the soil and groundwater at the site and imprope

More...   $0 (07-27-2017 - CA)

Parks, LLC v. Tyson Foods, Inc.; Hillshire Brands Company Federal Courthouse - Philadelphia, Pennsylvania

This case concerns a trademark that once enjoyed widespread recognition but has since grown considerably weaker. Since the 1950s, Parks Sausage Company has manufactured or licensed sausage under the brand name “PARKS.”1 At one point, PARKS was placed on the Principal Register of trademarks at the United States Patent and Trademark Office (“USPTO”), but, sometime in the early 2000s, Parks failed to

More...   $0 (07-24-2017 - PA)

United States ex rel. Bourne and Goodwin v. Brian Colleran, et. al.

Cincinnati, OH - Three Companies and Their Executives Pay $19.5 Million to Resolve False Claims Act Allegations Pertaining to Rehabilitation Therapy and Hospice Services

Ohio based Foundations Health Solutions Inc. (FHS), Olympia Therapy Inc. (Olympia), and Tridia Hospice Care Inc. (Tridia), and their executives, Brian Colleran (Colleran) and Daniel Parker (Parker), have agreed to pay app

More...   $0 (07-18-2017 - OK)

Vladimir Trakhter v. Provider Services, Inc., n/k/a BCFL Holdings, Inc., et. al.

Cincinnati, OH - Three Companies and Their Executives Pay $19.5 Million to Resolve False Claims Act Allegations Pertaining to Rehabilitation Therapy and Hospice Services

Ohio based Foundations Health Solutions Inc. (FHS), Olympia Therapy Inc. (Olympia), and Tridia Hospice Care Inc. (Tridia), and their executives, Brian Colleran (Colleran) and Daniel Parker (Parker), have agreed to pay app

More...   $0 (07-18-2017 - OH)

Petrina Lewin and Trenton Lewin, Jr. v. Mission Bend No. 5 Homeowners Association, Inc.

Mission Bend No. 5 Homeowners Association, Inc. sued property owners Petrina and Trenton Lewin for unpaid annual assessments and other fees.1 After suit was filed, the Lewins made a payment to the Association. To seek the remaining balance it felt was owed on the Lewins’ account, the Association filed a
1 Petrina and Trenton Lewin are siblings. The property they own together was gifted to them

More...   $0 (07-14-2017 - TX)

E. Peter Healey v. Edwin N. Healey, Elizabeth Healey and Michael R. Healey

E. Peter Healey (Pete) appeals from an adverse judgment rendered after a jury trial in this family dispute involving duty and money. Initially brought by his father, Edwin N. Healey (Bud), against Pete and his brothers Paul C. Healey and Mark J. Healey, the suit widened when Pete named his siblings, Elizabeth Healey (Liza) and Michael R. Healey (Mike) as third-party defendants. Pete asserts ten is

More...   $0 (07-12-2017 - TX)

Wayne E. Freeman; Freeman Resources, Ltd.; FRM GP, LLC; Frank M. Bufkin, III; Buffco Production, Inc.; Twin Resources, LLC; and Chesapeake Louisiana, L.P. v. Harleton Oil & Gas, Inc.

“In 2008, oil and gas companies descended on east Texas . . . seeking to acquire leases to exploit the Haynesville Shale formation, which they viewed as having enormous potential.”1 During this frenzied period, Chesapeake Louisiana, L.P. (Chesapeake), entered into a letter agreement with Buffco Production, Inc. (Buffco), and Twin Resources, L.L.C. (Twin), to purchase three-year term assignments in

More...   $0 (07-07-2017 - TX)

Radiant Financial, Inc. v. Faye Bagby, individually, and Bagby Investments, LP, a Limited Partnership, American Financial & Retirement Services, LLC, a Limited Liability Company

Before the Court is Radiant Financial, Inc.’s May 17, 2017 Motion for Rehearing. We deny the motion. On our own motion, we withdraw our opinion issued on April 18, 2017, and vacate our judgment of that same date. The following is now the opinion of the Court.
Radiant Financial, Inc. (“Radiant”) appeals from a judgment in favor of appellees Faye Bagby (“Ms. Bagby”), Bagby Investments, LP (“Bagb

More...   $0 (07-10-2017 - TX)

Residences at Riverdale, L.P. and Residences at Riverdale GP. LLC. v. Dixie Carpet Installations, Inc.

This appeal arises from underlying contracts involving the installation of carpet at an
apartment complex. The jury returned a verdict in favor of appellee Dixie Carpet Installations,
Inc. (Dixie) on all of its claims against appellants Residences at Riverdale, LP and Residences at
Riverdale GP, LLC (Riverdale) and awarded Dixie $142,898 in tort damages and $285,796 in
exemplary da

More...   $0 (07-07-2017 - TX)

Ashok B. Patel, Ramesh Patel, Naresh Patel, and Manilal B. Patel v. Roger Pate and Pate Development, Inc. Tarrant County Courthouse - Fort Worth, Texas

The resolution of this interlocutory appeal from the denial of special
appearances turns on an application of the burden-shifting standards described
in Kelly v. General Interior Construction, Inc., 301 S.W.3d 653, 658–59 (Tex.
1See Tex. R. App. P. 47.4.
2
2010). Because the appellees in this case brought forward legally and factually
sufficient evidence in support of their

More...   $0 (07-10-2017 - TX)

UNITED STATES OF AMERICA v. MARSHALL H. DION 80-year-old drug dealer to be sentenced for pot operation

As is our usual practice, we take the facts from the
district court's decision and from the suppression hearing,
presenting them in the light most compatible with the district
court's ruling. See, e.g., United States v. McGregor, 650 F.3d
813, 816 (1st Cir. 2011). Given the importance of certain facts
to our analysis, we ask the reader to bear with us as we wade
thr

More...   $0 (07-08-2017 - MA)

Victor Duarte v. Pacific Specialty Insurance Company

Not long after Victor Duarte bought an insurance policy from Pacific Specialty
Insurance Company (Pacific) to cover a rental property he owned, he was sued by his
tenants. When Pacific refused to defend him against the tenants’ claims, Duarte sued
Pacific, seeking, among other things, a declaration that Pacific was required to defend
him in the tenant suit. The trial court granted

More...   $0 (06-30-2017 - CA)

John J. Reid v. Mike Auxierand

¶1 Two fundamental questions arise in this review. One, is a liquidated damages provision in a real estate sales agreement valid? Two, does the contract here prevent the sellers from pursuing any remedy provided by law? The trial court held that the liquidated damages clause in the parties' sales contract was valid and prohibited plaintiffs from obtaining more than $2,500 for buyers' refusal to cl

More...   $0 (06-28-1984 - OK)

Bombardier Aerospace Corporation v. SPEP Aircraft Holdings, LLC, et al.

Appellees SPEP Aircraft Holdings, LLC (SPEP), PE 300 Leasing, LLC (PE 300),
Saracen Pure Energy Partners, LP (Saracen), Crane Capital Group, Inc. (Crane Capital), James
R. Crane (Crane), Floridian Golf Resort, LLC (Floridian Golf Resort), Champion Energy
Marketing LLC (Champion Energy), and Crane Worldwide Logistics, LLC (Crane Worldwide)
sued appellant Bombardier Aerospace Corpora

More...   $0 (06-23-2017 - tx)

The State v. Demario Monte Thompson South Carolina COURT OF APPEALS

A Lancaster County grand jury indicted Thompson for first-degree burglary and attempted murder based on allegations he broke into Keasia Drafton's apartment and tried to kill her on July 2, 2014.1 Before trial, Thompson moved to suppress a trespass notice letter stating he was banned from the apartment complex where Drafton lived. Thompson argued (1) the letter was irrelevant, (2) the letter pres

More...   $0 (06-19-2017 - FL)

Michael John Hernandez v. General Mills Federal Credit

General Mills Federal Credit Union1 filed an adversary proceeding to determine
the dischargeability of a debt in Michael Hernandez's Chapter 7 bankruptcy. The
bankruptcy court2 found the debt excepted from discharge, the district court3 affirmed,
and we now affirm as well.
I. BACKGROUND
Hernandez's grandparents, Joseph and Stella Hernandez (whom we will refer
to as Joseph a

More...   $0 (06-14-2017 - MN)

Snyder & Associates Aquisitions, LLC v. United States of America

In 2010, the Internal Revenue Service set a trap to catch
people filing for fraudulent tax refunds. The IRS enlisted the
assistance of plaintiffs’ tax preparation and refund-advance
businesses. It warned that refusal to cooperate would
interfere with a federal criminal investigation, it used millions
of plaintiffs’ dollars as bait, and it promised to reimburse
them for any

More...   $0 (06-16-2017 - )

RDJRLW, Inc. v. Bobby Elbert Miller, Jr. d/b/a Miller Construction; and Guy Dankel and Janet Dankel

After homeowners Guy and Janet Dankel sued Bobby Elbert Miller, Jr.
d/b/a Miller Construction for using defective concrete in constructing a driveway
and concrete slab on their property, Miller Construction filed a third-party action
1See Tex. R. App. P. 47.4.
2
against the concrete manufacturer, Appellant RDJRLW, Inc. (RDJ), for statutory
indemnity under chapter 82 of the

More...   $0 (06-17-2017 - tx)

STATE OF IOWA vs. PATRICIA PRANSCHKE COURT OF APPEALS OF IOWA

Viewing the trial evidence in the light most favorable to the jury’s guilty
verdicts, State v. Romer, 832 N.W.2d 169, 172-73 (Iowa 2013), the jury could
have found the following facts. Terri Andersen is Patricia Pranschke’s adult
daughter. In April 2015, a warrant was issued for Andersen’s arrest. The
warrant related to a traffic violation issued to Andersen for driving on a

More...   $0 (06-16-2017 - IA)

Robert Davenport and Jayne Edison v. Dr. Samuel Maxwell Adu-Lartey and Athletic Orthopedics and Knee Center, P.A. d/b/a AOK Orthopedics

Robert Davenport and his wife sued Dr. Samuel Adu-Lartey and an orthopedic clinic for negligence in connection with back surgery. The trial court granted summary judgment in favor of the defendants, based on their limitations
2
defense. The appellants contend that they filed suit within the applicable limitations period and, alternatively, that limitations had not run because Dr. Adu-Larte

More...   $0 (06-08-2017 - TX)

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher