Misrepresentation Law
 
Christina Francis v. Daniel Wieland

Ms. Christina Francis, Mother of the 11-year-old child subject to the motion to
modify custody at the core of this dispute, appeals a circuit court judgment grantin g
joint legal and joint physical custody to her and Mr. Daniel Wieland, the child’s
biological Father, and otherwise establishing a parenting plan and ordering child
support, and requiring the parties to pay their own c

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deNourie & Yost Homes, LLC v. Joe Frost and Amy Frost and Security State Bank

We address a second appeal from an action by a contractor
seeking damages arising out of its construction of a house.
Following our remand, the district court determined that the
election of remedies doctrine and judicial estoppel required a
dismissal of the contractor’s claims. Because the claims were
consistently premised on the existence of a contract, no election
was re

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In the Matter of the Estate of Steven H. Harris Bruce G. Harris, Petitioner and Appellant v. Mary K. Harris, Respondent and Appellee MoreLaw – Internet Performance Marketing Market Yourself Any and Everywhere in the US Free of Charge If It Does Not Produce Calls to Your Office

[¶1] Bruce Harris appeals a district court's order denying his N.D.R.Civ.P. 60(b) motion to vacate a judgment entered consistent with stipulations Bruce Harris entered into with the trustee and personal representative of Steven Harris's trust and estate. Bruce Harris argues the district court abused its discretion by not vacating the judgment for lack of mutual assent, misrepresentation, and fraud

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Chelsea Elizabeth Podowski v. The State of Texas MoreLaw Performance Internet Marketing Completely Free Marketing If It Does Not Work

At the suppression hearing, the trial court heard evidence that Officer Kyle Jennings
of the Austin Police Department stopped Podowski for traffic violations. Officer Scott Marler was
dispatched to the scene to investigate intoxication. After conducting standardized field sobriety tests,
Officer Marler arrested Podowski for driving while intoxicated. He read her the required DIC-24<

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Charles Leon Smith v. The State of Texas

In 1984, appellant was in a dating relationship with the complainant, Pamela
Clarence, and, at the time of Clarence’s murder, they had a one-month-old baby
girl together. Appellant had also been involved romantically with another woman
with whom he had had a son at around the same time, and Clarence was aware of
that relationship.
On August 2, 1984, Clarence’s niece stopp

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Global Quest, L.L.C. v. Horizon Yachts, Inc., Horizon Group, et al. Husby Global Litigation Support Services Serving Your Court Reporter Needs Nationwide 866-584-0070

Plaintiff Global Quest, LLC appeals from the district court’s grant of summary judgment to defendants on all but one count of plaintiff’s amended complaint and to defendant Horizon Yachts, Inc. on its counterclaim for foreclosure of a promissory note. Plaintiff appeals from the district court’s entry of partial final judgment pursuant to Rule 54(b) of the Federal Rules of Civil Procedure.1 We reve

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UNITED STATES OF AMERICA v. JANICE TROISI

We summarize the basic contours of the healthcare fraud
scheme and proceedings below, reserving a fuller exposition of the
relevant facts for our analysis of the particular issues presented
by this appeal. See United States v. López-Díaz, 794 F.3d 106,
109 (1st Cir. 2015) (citing United States v. Flores–Rivera, 787
F.3d 1, 9 (1st Cir. 2015)), cert. denied, 136 S. Ct. 1229

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LUIS A. MONTES-VALETON vs. STATE OF FLORIDA

On June 7, 2008, Montes-Valeton was involved in a single-vehicle car crash
in which a single fatality occurred. After the State filed a three-count information
charging Montes-Valeton with DUI Manslaughter, DUI Damage to Property or
Person, and Careless Driving, Montes-Valeton filed a motion to suppress the
results of an analysis of blood drawn from him following the car crash

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United States v. Halliburton Company

Under the Logistics Civil Augmentation Program (“LOGCAP”), the U.S. Army contracts with private companies to provide a wide range of logistical services. In 2001, the Army awarded KBR the third contract issued under the LOGCAP program, known as “LOGCAP III.”1 LOGCAP III 1 We refer to Appellees collectively but note that Kellogg Brown & Root Servic

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Menard, Inc. v. Reba Lane

On August 29, 2013, Lane filed a personal injury claim against Menard alleging
she suffered injuries as a result of a malfunctioning shopping cart at the Menard
store in Gary, Indiana. On September 16, 2013, Lane sent a summons to
Menard’s former registered agent, CT Corporation. On September 24, 2013,
CT Corporation sent Lane correspondence indicating:
Menard Inc. is in

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Q-2, L.L.C. v. Wayne Hughes, Sr.

¶1 We are asked to decide only one issue in this case: how and when does a party acquire title to property under the doctrine of boundary by acquiescence? Does title transfer by operation of law at the time the elements of boundary by acquiescence are met or by judicial decree at the time the trial court enters its order? This case arises out of a boundary dispute involving Wayne Hughes and Patric

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Richard L. Vowell v. State of Tennessee

On August 11, 2000, the Petitioner pled guilty in the Anderson County Circuit Court to one count of second degree murder and received a thirty-five-year sentence. The judgment form and the plea agreement documents reflected that the Petitioner’s sentence was to be served concurrently with his sentence in Knox County Criminal Court case number 67167 and consecutively to his sentence in Knox County

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United States of America v. Titus Ombina Aboge

Muskogee, OK - Kenyan Man Sentenced To 6 Months For Misrepresentation Of United States Citizenship

Titus Ombina Aboge, age 33, of Ada, Oklahoma, was sentenced to 6 months imprisonment for MISREPRESENTATION OF UNITED STATES CITIZENSHIP, in violation of Title 18, United States Code, Section 911.

The Indictment alleged that on or about December 12, 2012, in the Eastern District of

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STATE OF LOUISIANA VERSUS WILLIAM SHIELL

Defendant was charged in a bill of information on July 8, 2015 with
pornography involving juveniles in violation of La. R.S. 14:81.1. Specifically, it
alleged that between February 29 and May 24, 2012, Defendant violated La. R.S.
14:81.1 by “intentional possession, of any photographs, films, video tapes, or other
visual reproductions of any sexual performance involving a child

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AMERICAN INNOTEK, INC. v. THE UNITED STATES,

Rule 59(e) requires that any motion to alter or amend judgment “must be filed no later than 28 days after the entry of the judgment.” RCFC 59(e). This 28-day deadline is strictly enforced under Rule 6(b), which provides that “[t]he court must not extend the time to act under RCFC 52(b), 59(b), (d), and (e), and 60(b).” RCFC 6(b)(2); see Spengler v. United States, 128 Fed. Cl. 338, 342 (2016) (e

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State of Minnesota vs. Jose Martin Lugo, Jr.

Following a search of his vehicle during a traffic stop, appellant Jose Martin Lugo,
Jr., was charged with second-degree controlled substance crime, driving after revocation,
and possession of drug paraphernalia. Lugo moved to suppress the evidence obtained
during the search, arguing that police illegally expanded the scope and duration of the stop
without a reasonable, articu

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STATE OF NEW MEXICO v. JOHN C. PACHECO

Rule 5-601(B) NMRA provides that “[a]ny defense, objection or request which
7 is capable of determination without a trial on the merits may be raised before trial by
8 motion.” In State v. Foulenfont, 1995-NMCA-028, 119 N.M. 788, 895 P.2d 1329, we
9 held that a district court may dismiss a criminal information or indictment when guilt
10 turns on a “purely legal issue” and any rel

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John Bradford Scott v. The State of Texas

The State charged Scott by indictment with unlawful possession of a firearm and alleged two prior felony convictions for the purpose of enhancement of punishment, as follows: . . . John Bradford Scott, the Defendant, on or about September 20, 2014, and before the presentment of this indictment, in the County and State aforesaid, did then and there, after being convicted of the felony off

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STATE OF IOWA vs. GERALD ANTHONY DAVIS

According to the minutes of testimony, during Davis’s January 2015 interview with police officers, he admitted having sexual contact with S.A. on two occasions. In February, the State charged Davis with two counts of sexual abuse in the third degree, in violation of Iowa Code section 709.4(2)(b) (2013). The trial information alleged the crimes occurred in July or August 2014, when Davis was

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Rodarrion D. Armstrong v. The State of Texas

We review a trial court’s denial of a motion for new trial under an abuse of discretion standard. Holden v. State, 201 S.W.3d 761, 763 (Tex. Crim. App. 2006). We will not substitute our judgment for that of the trial court; rather, we must 2 decide whether the trial court’s decision to deny the motion was arbitrary or unreasonable. Id. “A trial court abuses its discretion in denying a motio

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United States of America v. Janice M. Matrician

Scranton, PA - Tamaqua Pennsylvania Woman Charged With Taking Narcotics From The Veterans Administration Hospital

The United States Attorney’s Office for the Middle District of Pennsylvania announced that Janice M. Matrician, age 50, of Tamaqua, Pennsylvania has been charged with acquiring narcotics by fraud or misrepresentation in connection to an incident at the Veterans Administration

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David Lynn Jordan v. State of Tennessee

The petitioner‟s convictions arose from a shooting on January 11, 2005, at the Tennessee Department of Transportation (TDOT) facility in Jackson, Tennessee, where the petitioner killed three people: Renee Jordan, his thirty-one-year-old wife who was employed at TDOT; Jerry Hopper, an employee of the Tennessee Division of Forestry who was at the TDOT office; and David Gordon, a motorist the

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United States of America v. John Bertrand Beliveau II

San Diego, CA - Former NCIS Supervisory Special Agent Sentenced to 12 Years in Prison for Taking Bribes from Foreign Defense Contractor in Massive Fraud and Corruption Scandal

Former Naval Criminal Investigative Service supervisory special agent John Beliveau II was sentenced to 12 years in prison for disclosing sensitive law enforcement reports to a foreign defense contractor who was th

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UNITED STATES OF AMERICA v. RICARDO TORRES-RIVERA

In May 2015, Torres-Rivera agreed to plead guilty to two
criminal counts. The first, count two of the indictment, charged
him with violating 21 U.S.C. §§ 952(a) and 963 by conspiring to
import drugs into the United States. The second, count three of
the indictment, charged him with violating 18 U.S.C. § 1956 by
participating in a conspiracy to launder the proceeds of the

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ZVI CONSTRUCTION COMPANY, LLC vs. FRANKLIN LEVY & another

Except where indicated, the following facts are not in dispute. Brendan Higgins, Joshua Huggard, and
Jordan Tobins were members and managers of numerous limited liability companies operating a small chain of pizzerias known as The Upper Crust. On April 5, 2012, Higgins, Huggard, and The Upper Crust, all of whom were represented by Levy and his firm, L & W, filed a civil lawsuit against Tob

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