Misrepresentation Law
 
Kevin Wethherilt v. Patrick H. Moore

¶1 This lawsuit arises from a crash landing on January 28, 2011,
during the flight of an experimental kit aircraft—a RANS S-6ES—from
Sedona to Buckeye, Arizona. The plane was piloted by Kevin Wetherilt,
who was the only person onboard the plane at the time of the crash, and
owned by Patten Harvey (collectively, “Plaintiffs”). The aircraft’s elevator
control bracket assembly app

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R.J. REYNOLDS TOBACCO COMPANY vs. PHIL J. MAROTTA, etc.

This case follows a long line of cases decided in light of Engle v. Liggett
Group, Inc. (Engle III), 945 So. 2d 1246 (Fla. 2006). In Engle, a group of smokers
and their survivors filed a class action against major tobacco companies for
damages allegedly caused by smoking-related injuries. Id. at 1256.2 Among other
things, the class sought compensatory damages based on variou

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Mitchell J. Stein v. Axis Insurance Company

In 2007, Heart Tronics, Inc., a medical device company,
purchased directors and officers liability insurance policies from
AXIS Insurance Company (AXIS) and Houston Casualty
Company (HCC). The AXIS policy has been exhausted.
Under the HCC policy, HCC agreed to pay defense
expenses incurred by Heart Tronics’s officers and directors, and
individuals serving in functionally eq

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Tamuno Ifiesimama and Tamunnoibuomi Ifiesimama v. Daniel A. Haile and Wongelawit K. Alemu

After their attempt to purchase a home was unsuccessful, appellees Daniel A. Haile and Wongelawit K. Alemu sued appellants Tamuno Ifiesimama (“Mr. Ifiesimama”) and Tamunnoibuomi Ifiesimama (“Mrs. Ifiesimama”), for specific
performance and breach of contract. The trial court held a bench trial and ultimately ruled in favor of Haile and Alemu, ordering that they recover costs, their earnest mone

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STATE OF NEW MEXICO v. BILL TURNER

Defendant was indicted on 211 counts, including 52 counts of securities fraud,
18 52 counts of prohibited conduct in providing investment advice, 52 counts of fraud,1
1 52 counts of forgery, two counts of theft of identity, and one count of conspiracy to
2 commit securities fraud. Following Defendant’s plea of not guilty, the State filed a
3 motion to set conditions of release. Af

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James R. Rodgers v. Healthcare Solutions Group, Inc. and Tulsa Firefighters Health & Welfare Trust Tulsa County Oklahoma Courthouse



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Tulsa, OK - James R. Rodgers sued Healthcare Solutions Group, Inc. and Tulsa Firefighters Health & Welfare Trust claiming that defendants

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United States of America v. Dr. Christopher Steward

Bowling Green, KY - Cave City, Kentucky, Physician Sentenced To 18 Months In Prison For Illegally Dispensing Controlled Substances Outside Of His Professional Medical Practice And Health Care Fraud

Obtained controlled substances through fraud for his own use

A Barren County, Kentucky, physician was sentenced to 18 months in prison for obtaining controlled substances by fraud, fo

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Bruce Hitt v. Frank Zarauskas d/b/a Boondocks Bar & Grill

This is an appeal from an order denying a motion for new trial following a post-answer
default judgment. Because the defendant presented uncontroverted proof entitling him to relief, we
must reverse.
BACKGROUND
Appellant Bruce Hitt is a real-estate broker and investor who, at relevant times,
owned a San Angelo restaurant then known as the “Stillwater Bar & Grill.”1 In 2013, Hit

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Memorial Hermann Health System v. Samia Khalil, M.D.

After 40 years of employment at Memorial Hermann hospital, Dr. Samia
Khalil sued Memorial Hermann Health System for defamation, tortious
interference with an existing contract, conspiracy, and intentional infliction of
emotional distress. Khalil, age 77, also sued for age discrimination. Memorial
2

Hermann sought to dismiss several of her claims under summary dismiss

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STATE OF NEW JERSEY v. LEMONT O. LOVE

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Defendant Lemont Love appeals from the denial of his petition
for post-conviction relief (PCR) aft

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UNITED STATES OF AMERICA v. NICHOLAS LINDSEY

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We address the admissibility of certain evidence in this criminal mortgage fraud case. We affirm the convictions, rejecting appellant’s content

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My Three Sons, LTD., My Three Sons Management, LLC, Prestonwood OB/GYN Associates, P.A., Christopher Riegel, M.D., P.A., and Christopher Riegel v. Midway/Parker Medical Center, L.P., Kinsman Ventures, LLC, Manhattan Construction Company, TD Industries, Inc., Southstar Fire Protection Company, CMA Management Company, and Midway Medical Center Owners Association, Inc.

Christopher Riegel and various entities affiliated with him––My Three Sons, Ltd., My
Three Sons Management, LLC, Prestonwood OB/GYN Associates, P.A., Christopher Riegel,
M.D., P.A.––appeal the trial court’s dismissal of their lawsuit against appellees for failing to
comply with an order compelling arbitration of the dispute. In five issues, appellants complain
the trial court erred

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United States of America v. Donna Young

Burlington, VT - Donna Young Sentenced for Bankruptcy Misrepresentation

Donna Young, 68, of Wilmington, was sentenced in United States District Court in Burlington following her guilty plea to a charge that she made false statements under penalty of perjury in a bankruptcy case she filed. U.S. District Judge William K. Sessions III placed Young on one year of probation.

On April

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Kim Hardy v. Tournament Players Club at Southwind, Inc., d/b/a "TPC Southwind", et al.

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This is an interlocutory appeal from the trial court‘s grant of a motion to dismiss for failure to

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Mariah Wall v. Michigan Rental

What started out as a landlord-tenant dispute has become a
lawsuit under the Racketeer Influenced and Corrupt Organizations Act (RICO). Mariah Wall,
Christopher Boston, and Craig Mulhinch allege that Zaki Jamil Alawi and his companies
committed federal wire, mail, and bank fraud by mishandling the security deposits the plaintiffs
provided for their rental units. Because the plainti

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DEAN OLIVER TAPEDO v. STATE OF KANSAS

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On May 9, 2014, Officers Husam Shourbaji and Daniel Walker of the Wichita Police Department were dispatched to the Wesley

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Franciso Flores-Molina v. Jeff Sessions

Francisco Flores-Molina is an undocumented alien subject to removal from the
United States. An immigration judge determined he is ineligible for cancellation of
removal because he has been convicted of a “crime involving moral turpitude.” The
Board of Immigration Appeals agreed and dismissed Mr. Flores-Molina’s appeal. Mr.
Flores-Molina then filed a petition in this court, argu

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Roger Garling v. United States Environmental Protection Agency

Roger Garling, Sheryl Garling, and their business, R and D Enterprises, Inc.,
(collectively, “the Garlings”) sued the United States for damages arising from an
FILED United States Court of Appeals Tenth Circuit

March 7, 2017

Elisabeth A. Shumaker Clerk of Court


- 2 -

Environmental Protection Agency (“EPA”) raid and investigation of their l

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STATE OF MONTANA v. JASMINE NICOLE ESKEW

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On September 18, 2012, Eskew called 911 in Great Falls to report that her
six-month-old daughte

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STATE OF MONTANA v. JAMES RAND HERNVALL

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James Rand Hernvall appeals his jury conviction and judgment in the Twentieth
Judicial Distr

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Deborah Logsdon v. Mark E. Logsdon

Appellant Deborah Logsdon appeals from the trial court’s summary
judgment granted in favor of appellee Mark E. Logsdon. Because we conclude
the trial court did not err, we affirm the trial court’s judgment. See Tex. R. App.
P. 43.2(a).
1See Tex. R. App. P. 47.4.
2
I. BACKGROUND
A. DIVORCE AND LIQUIDATION OF ASSETS BY AUCTION
Deborah and Mark married in 1984 and join

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Benito Santibanez v. Alejandro Diron

Benito Santibanez sued Alejandro Diron for Deceptive Trade Practices Act violations after a used vehicle Santibanez purchased “as is” from Diron encountered significant mechanical problems within days of the purchase. Diron filed a no-evidence and a traditional motion for summary judgment. Santibanez
2
filed a single response but did not include any summary-judgment evidence. The trial cou

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Meseret Ayele D/B/A Mae Solutions, LLC v. Jani-King of Houston, Inc.

This is an appeal from a post-answer default summary judgment, granted after
the trial court reset the submission date for consideration of the motion for summary
judgment, but neither it nor the moving party sent notice of the new submission date.
The non-movant moved for a new trial, submitting an affidavit that its failure to


2

respond to the motion fo

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United States of America v. Martinho Rodriguez, a/k/a Thoey, a/k/a Tho

A Massachusetts jury failed to
reach a unanimous verdict on a multiple count indictment charging
Martinho Rodrigues with conspiring with 29 others to distribute
assorted drugs in several Boston area neighborhoods. Rather than
face a repeat trial, Rodrigues opted to plead guilty to Count One,
conspiracy to distribute marijuana in violation of 21 U.S.C. §
846, but he preserve

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David and Crystal Holm v. Wells Fargo Home Mortgage, Inc. and Federal Homes Loan Mortgage Corporation (Freddie Mac)

This case arises out of the 2008 foreclosure of the family residence of David and Crystal Holm (the Holms). The Holms filed a wrongful foreclosure action against Wells Fargo Home Mortgage, Inc., for allegedly foreclosing on their home without right. They also filed a quiet title action against the Federal Home Loan Mortgage Corporation (Freddie Mac), which took title to the house after the foreclo

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