Misrepresentation Law
 
Henry S. Miller Commerial Company v. Newsom, Terry & Newsom, LLP, et al.

HSM and its former employee Steven Defterios were sued by a group of commercial
property owners for fraud relating to several unsuccessful real estate deals (the “Underlying
Lawsuit”). James Flaven, the prospective buyer put forward by HSM and Defterios, held
himself out as the beneficiary of a large trust fund. In fact, Flaven was a truck driver with no
trust fund, and none

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Milton Trotter v. State of Mississippi

Milton Trotter was sentenced to two life sentences involving one incident in 1981:
first, by the United States District Court for the Southern District of Mississippi for
kidnaping; second, by the Circuit Court of Lauderdale County for murder. In 1981, the
Circuit Court of Lauderdale County had ordered, based on Trotter’s plea agreement with the
State, that his state sentence would

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Consumer Product Safety Commission v. Goodman Company, L.P.

Houston, TX - Goodman Co. Agrees to Pay $5.55 Million for Delay and Misrepresentation in Reporting Fire Hazard Involving Air Conditioners/Heaters

The U.S. Consumer Product Safety Commission (CPSC) announced that Goodman Company, L.P., of Houston, Texas, has agreed to pay a $5.55 million civil penalty and has agreed to other terms of a consent decree (which is subject to judicial approval

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Darlene Hill and William Hill, Deceased, v. Sun Healthcare Group, Inc., Sunbridge Healthcare Corporation, Peak Medical Oklahoma No. 5, Inc. d/b/a Woodland View Care and Rehabilitation Center, Peak Medical Corporation, Martin Hubbartt, Administrator

Darlene Hill and William Hill, Deceased, sued Sun Healthcare Group, Inc., Sunbridge Healthcare Corporation, Peak Medical Oklahoma No. 5, Inc. d/b/a Woodland View Care and Rehabilitation Center, Peak Medical Corporation, Martin Hubbartt, Administrator on medical negligence theories claiming that William Hill was a resident at Woodland View Care and Rehabilitation Center in Tulsa, Oklahoma and, as a

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Mary Cantrell, Sue Lentz and Estate of Vera McGilbray v. Peak Medical Oklahoma No. 3, d/b/a Forest Hills Health Care, Sun Healthcare Group, Inc., Sunbridge Healthcare Corporation, Peak Medical Corporation, Patricia Colvin

Tulsa, OK - Mary Cantrell, Sue Lentz and Estate of Vera McGilbray sued Peak Medical Oklahoma No. 3, d/b/a Forest Hills Health Care, Sun Healthcare Group, Inc., Sunbridge Healthcare Corporation, Peak Medical Corporation, Patricia Colvin on medical negligence theories claiming:

I. Decedent: Vera McGilbray was a resident at Forest Hills Care Center located in Broken Arrow City, Oklaho

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STATE OF KANSAS v. JUNIOR SANCHEZ

In March 2014, the State charged Sanchez with two counts of aggravated battery, in violation of K.S.A. 2011 Supp. 21-5413(b)(1)(A), and one count of conspiracy to commit aggravated battery, in violation of K.S.A. 2011 Supp. 21-5302.
During voir dire, the district court asked the members of the first panel of possible jurors whether anyone knew Sanchez or any of the victims.
F.G. stat

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Russell Robinson, Jr. v. The State of Wyoming

Pursuant to a plea agreement, Robinson pled no contest to one count of sexual battery, a misdemeanor, in violation of Wyo. Stat. Ann. § 6-2-313(LexisNexis 2015) and to one count of false imprisonment, also a misdemeanor, in violation of Wyo. Stat. Ann. § 6-2-203(a) (LexisNexis 2015). Because the plea was one of no contest, Robinson was not required to provide a factual basis himself.1
[¶4

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WESTERN DERMATOLOGY CONSULTANTS, P.C. v. VITALWORKS, INC., ET AL.

In this certified appeal, the plaintiff, WesternDermatologyConsultants,P.C.,claimsthatthe Appellate Court improperly reversed the judgment of the trial court, which found that the defendants, VitalWorks, Inc. (VitalWorks),1 and Cerner Physician Associates, Inc. (Cerner), had violated the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes § 42-110aetseq.,2 bymakingmisrepresentationsi

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COMMONWEALTH vs. ALEJANDRO ALVAREZ

The defendant applied and was approved for
subsidized housing through the Boston Housing Authority (BHA),
which entitled him to a rental unit at a rate below the market
value. He was placed on a waiting list and almost five years
later, the defendant was notified of the availability of a
subsidized apartment. By then, the defendant had already
secured alternative h

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United states of America v. Nika Larsen

Portland, OR - Former Oregon State Police Forensic Scientist Pleads Guilty to Stealing Controlled Substances by Fraud and Deception

A former Oregon State Police Forensic Scientist Nika Larsen, 36, of Bend, Oregon, pleaded guilty in federal court, to using her position as a Forensic Scientist to steal controlled substances from evidence items submitted by law enforcement agencies to the Or

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State of Nebraska v. James M. Saylor

Sometime in 1984, the State charged Saylor with first degree
murder. The original information is not in the record for this
appeal. At that time, hiring the killing of another person was an
aggravating factor supporting the death penalty. Neb. Rev. Stat.
§ 29-2523(1)(c) (Reissue 1979) (repealed 2015 Neb. Laws,
L.B. 268, § 35).
Police had arrested Saylor in April 1984, immed

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Dan and Diane Volentine v. Raeford Farms of Louisiana, LLC, et al

Facts of this case can be found in our previous consideration of the
parties’ contract in Volentine I, supra. After remand, the case proceeded to a
bench trial. The following chronology and overview of facts are set forth
for purposes of the issues raised on appeal.
The Parties’ Entry into the Contract – 2004
In 1992, Dan Volentine (“Volentine”) gave his two children pro

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United States of America v. Titus Ombina Aboge

Muskogee, OK - Ada Man Pleads Guilty To Misrepresentation Of United States Citizenship

Kenyan National Represented Himself As U.S. Citizen On Employment Eligibility Verification Form

Titus Ombina Aboge, age 32, of Ada, Oklahoma, pled guilty to MISREPRESENTATION OF UNITED STATES CITIZENSHIP, in violation of Title 18, United States Code, Section 911.

The charge arose from

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RAYMOND J. LUCIA COMPANIES, INC. v. SECURITIES AND EXCHANGE COMMISSION

In the Securities Exchange Act of 1934, Congress determined that transactions in securities conducted over
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exchanges and over-the-counter markets were “affected with a national public interest which makes it necessary to provide for regulation and control of such transactions and of practices and matters related thereto.” 15 U.S.C. § 78b. To carry out the regulation of the securities m

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MINNEHAHA COUNTY SHERIFF MIKE MILSTEAD and STATE OF SOUTH DAKOTA v. EMILY LOU SMITH

Minnehaha County Deputy Sheriff Adam Zishka arrested Emily Lou
Smith on September 30, 2014. She was later indicted for several offenses, including
three counts of simple assault against a law enforcement officer. In October 2014,
Smith served a subpoena duces tecum on Minnehaha County Sheriff Mike Milstead
requesting production of “[a]ll disciplinary records/reprimands/compla

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MINNEHAHA COUNTY SHERIFF MIKE MILSTEAD and STATE OF SOUTH DAKOTA v. JOSEPH PATRICK JOHNSON

On April 30, 2014, Minnehaha County Detectives Joe Bosman, Craig
Butler, and Ryan Qualseth arrested Joseph Patrick Johnson on a misdemeanor
child-support warrant. He was later indicted for several offenses, including two
counts of simple assault against a law enforcement officer (Detective Qualseth).
Detective Qualseth was the only detective involved in the physical altercati

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UNITED STATES OF AMERICA — v. — TATYANA GABINSKAYA, AKA Sealed Defendant 24

The following facts are based on the evidence at trial, which we take in the17
light most favorable to the verdict. United States v. Gowing, 683 F.3d 406, 40818
Zemlyansky and Danilovich operated a large‐scale scheme to defraud1
insurance companies by submitting false claims under New York’s no‐fault2
insurance laws for medical services allegedly provided by various PCs

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THE PEOPLE OF THE STATE OF NEW YORK v. JAMES E. LAWRENCE, Also Known as BLACK

Appeal from a judgment of the County Court of Albany County (Lynch, J.), rendered May 24, 2013, upon a verdict convicting defendant of the crimes of burglary in the first degree (two counts), robbery in the first degree and robbery in the second degree (two counts).
In June 2012, defendant was charged in a five-count indictment with burglary in the first degree (two counts), robbery in the fir

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State of Wisconsin ex rel. Aman Singh v. Paul Kemper, Warden, Racine Correctional Institution

We are presented with both a
petition and a cross-petition for review involving the
constitutionality of legislation that repealed and modified a
law, 2009 Wis. Act 28, that allowed inmates the opportunity to
No. 2013AP1724
2
earn "positive adjustment time," by which inmates could obtain
early release from prison.1
¶2 The constitutionality of two provis

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UNITED STATES OF AMERICA — v. — ROBERT RIVERNIDER, ROBERT PONTE

Rivernider and Ponte organized and ran two related fraudulent schemes. 
The first, which Rivernider began in 2005, was called the “No More Bills”
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(“NMB”) program.  Through the NMB program, the defendants solicited funds
from clients who were promised a 10% monthly return that would be used to pay
off the client’s debts.  After receiving financial information from investors, t

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State of Minnesota vs. Aloeng Kelly Vang

The facts of the crime are not in dispute. On September 1, 2013, between
12:30 a.m. and 1:00 a.m., Jeffrey Elling and his girlfriend, D.H., were crossing the street
when Vang sped past them in his car. Vang parked his car in the driveway of his cousin,
a neighbor of Elling’s. Elling approached Vang and the two exchanged words. Elling
pushed Vang, who fell to the ground. Th

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Josh Carnley d/b/a AIM To Please v. Barry W. Cone d/b/a J. Cones Fleet Services

Tulsa, OK - Josh Carnley d/b/a AIM To Please sued Barry W. Cone d/b/a J. Cones Fleet Services claiming:

1. Plaintiff is a resident of Tulsa County, Oklahoma and the Contract that is the subject _ ··
matter of this lawsuit was entered into in Tulsa County, Oklahoma.

2. Upon information and belief, Defendant is a residents of Tulsa County or thtrprincipal 0

place of b

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Helen L. Hyde v. The Roman Catholic Bishop of Providence; Jeffrey Thomas v. The Roman Catholic Bishop of Providence

The plaintiffs filed complaints in Providence County Superior Court against the Roman
Catholic Bishop of Providence (defendant), alleging that Father Brendan Smyth sexually abused
them on numerous occasions, beginning in 1967 until approximately 1970. The plaintiffs
alleged that the acts of abuse visited upon them all occurred while Smyth was under defendant’s
supervision. At

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CJY Investment, L.L.C., et al. v. United Central Bank, et al.

Appellants, CJY Investment, L.L.C., Young Hee Chung, and Chun W. Chung, sued
appellees, James D. Yoo, Ki Na, Chong Na, Chan Chan Investment, L.L.P., Na Family
Corporation, and United Central Bank for fraud, fraud in the inducement, fraud by
nondisclosure, bank fraud, and conspiracy. The trial court granted summary judgment for
appellees.
Appellants raise four issues on ap

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United States of America v. Deion A. Duruisseau and Lashawn A. Duruisseau

Alexandria, LA - Federal jury finds real estate company owners, attorney guilty in Alexandria mortgage loan scheme

A federal jury found a couple who owned an Alexandria real estate company and an attorney guilty last week in a scheme to fraudulently obtain more than $2 million in loans.

Deion A. Duruisseau, 47, and Lashawn A. Duruisseau, 41, both of Alexandria, and attorney Harol

More...   $0 (06-15-2016 - LA)

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