Misrepresentation Law
 
North Star Mutual. Insurance. v. KORZAN

On September 19, 2012, Charles Korzan and his brother, Michael
Korzan, (Korzans) were moving hay bales from Charles’s property in Jones County
to his property in Brule County to feed livestock. The weather and crop conditions
were dangerously dry. To transport the hay bales, Michael drove a 1998
International 9400 series semi-truck, hauling a 48-foot trailer. Charles drove a

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Saia v. Bay State Gas Co

The plaintiff appeals from a judgment of dismissal contending, as she did below, that a transaction involving the lease of a water heater was actually a credit sale in disguise, and, consequently, that the defendant's failure to
make certain required disclosures amounted to common-law misrepresentation and a violation of G. L. c. 93A. Guided by
Silva v. Rent-A-Center, Inc., 454 Mass. 6

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Elton Henry v. The State of Wyoming

The underlying facts of this case are not directly relevant to the issues on appeal. In summary, the State charged Mr. Henry with nine felony counts of sexual abuse of his two young grandchildren. The State and Mr. Henry entered into a written plea agreement in which he pleaded no contest to one count of first degree sexual abuse of a minor under Wyo. Stat. Ann. § 6-2-314(a)(i) (LexisNexis 2015)

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State Of Connecticut v. Shelvonn Jones

The state and the defendant, Shelvonn
Jones, appeal from the judgment of the Appellate Court,
which reversed the judgment of conviction, rendered
after a jury trial, of assault in the second degree in
violation of General Statutes § 53a-60 (a) (2). See State
v. Jones, 139 Conn. App. 469, 470, 487, 56 A.3d 724
(2012). The state claims that the Appellate Court
improperly

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First Community Bank, N. A. v. First Tennessee Bank, N. A., et al

The Plaintiff is a banking and financial services company that is incorporated in and has its principal place of business in Virginia. The Plaintiff operates more than fifty financial centers located in Virginia, West Virginia, North Carolina, and Tennessee. From 2003 to 2007, the Plaintiff purchased approximately $135,000,000 worth of assetbacked securities in the form of collateralized debt ob

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Safeway Insurance Company v.Tiffany Dukes, Robert Lee Hudson, Tawanda L. White, as Mother and Next Friend of Jeffrey L. Piggs, a Minor Child

Dukes applied for car insurance with Safeway in March 2012. The application
provided: “Applicant warrants that all regular, frequent drivers . . . are listed below . . . .”
Dukes listed only herself and signed the application warranting that there were no other
“regular, frequent drivers.” Safeway issued a policy to Dukes. In June 2012, Hudson was
driving Dukes’s car, with her

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Robert L. Royer VS Our Lady of the Lake Hospital, Inc., Our Lady of the Lake Physician Group, LLC, Keith Brian Hodge, M.D., and Louisiana Cardiovascular Specialists, LLC d/b/a Louisiana Cardiology Associates

The instant dispute derives from the plaintiff - appellant, Robert L.
Royer' s, decision to seek heart care treatment at Our Lady of the Lake
Hospital, Inc. ( "OLOL "). On March 16, 2011, Royer began experiencing
symptoms of an apparent heart attack, including chest pain, shortness of
breath, and weakness. Royer first presented with these symptoms to the
office of his primary

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GRANITE BUICK v. RAY

Adam Ray began his employment with Granite Buick in 2005. At the
time, Granite Buick was known as McKie Buick GMC Pontiac, Inc., and it was part
of the “McKie Automotive Group” (McKie Group) that included McKie Ford
(formerly McKie Ford Lincoln Mercury, Inc.). Therefore, Ray worked for both
Granite Buick and McKie Ford until the McKie Group split in 2012, at which time
R

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Urvahi B. Patel v. OMH Medical Center, Inc.

¶1 The dispositive issues tendered in these appeals are (1) whether the trial judge abused her discretion in ordering the Patel I judgment vacated, and (2) whether the litigation-related misconduct alleged here may be redressed through a civil action in tort. We answer the first question in the affirmative and the second in the negative.

I
THE ANATOMY OF LITIGATION

¶2 Dr. Urv

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M.R. PITTMAN GROUP, LLC Vs. PLAQUEMINES PARISH GOVERNMENT ET AL

The Plaquemines Parish Government seeks reversal of the trial court's
partial summary judgment that dismissed with prejudice its tort claim, asserted as
one of the claims in its reconventional demand, against M.R. Pittman Group,
L.L.C., on the grounds of prescription. Plaquemines Parish argues that the trial
judge incorrectly decided that there was no genuine issue of material

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Baldino's Lock & Key Service, v. Google, Incorporated

Baldino’s Lock & Key Service, Inc. (Baldino’s) appeals the district court’s order granting the Defendants’ motions to dismiss for failure to state a claim upon which relief can be granted. We affirm. Baldino’s is a Virginia corporation and licensed locksmith that provides locksmith services in Virginia, Maryland and the District of Columbia. In its Second Amended Complaint, Baldino’s asserted

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KINGSAIRE, INC. D/B/A KINGS AIRE, INC. v. JORGE MELENDEZ

Petitioner Kingsaire, Inc., doing business as Kings Aire, Inc. (Kings Aire), is a family-owned
heating, ventilation, and air-conditioning company in El Paso. In May 2004, Kings Aire hired Jorge
Melendez as a “helper tradesman” whose initial duties included welding frames for refrigeration
units. A few months after he was hired, Melendez transferred to the electrical department as a

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Anderson v. Baker

Biron Baker appealed from a district court order denying his motion for reconsideration following an earlier order that held Baker in contempt of court for failing to reimburse Kim Anderson for their child's medical expenses and awarding Anderson attorney's fees. We affirm, concluding the court did not abuse its discretion in denying Baker's motion. Anderson and Baker have a child together, born

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In the Matter of Terrie Harman and Thomas McCarron

The petitioner, Terrie Harman, appeals an order of the Circuit Court (Carbon, J.) denying the request filed by her and the respondent, Thomas McCarron, to vacate their decree of divorce. We affirm.
The parties were married in 1989. In July 2014, they were granted an uncontested decree of divorce on the ground of irreconcilable differences that caused the irremediable breakdown of the mar

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Christopher Schmidt v. Indiana Insurance Company, C&F Insurance Group, LLC, and Bart Stith

In December 2004, the plaintiff, Christopher Schmidt, inherited residential property. He allowed his cousin to live in the house and did not obtain insurance on the property. From 2007 to 2009 the plaintiff received multiple complaints about animals left on the property and odors emanating from the property. Plaintiff testified that in 2007, while his cousin was in jail, "two fire trucks, four

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Fisher v. Ward

It is not disputed that Fisher, the fee owner of a residential property located in
Bishopville, Worcester County, fell into default on her mortgage payments to the lender,
Federal National Mortgage Association (Fannie Mae). The lender designated substitute
trustees, named above, and, upon the filing of foreclosure proceedings, in September, 2013,
the court signed appropriate order

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Thomas DeMarco v. Sean Robert Stoddard, D.P.M

In this appeal, we consider whether the Rhode Island
Medical Malpractice Joint Underwriting Association (RIJUA) must
defend and indemnify a podiatrist in a medical malpractice
action pending in New Jersey following rescission of the
podiatrist’s medical malpractice liability policy. The policy
had been rescinded due to material misrepresentations concerning
the state

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John and Stanley Barkley v. David Stanley of Norman, LLC

Norman, OK - John and Stanley Barkley sued David Stanley of Norman, LLC on an auto negligence theory claiming:

1. That Plaintiffs, John and Shelia Barkley, are residents and citizens of McAlester, Pittsburg County, State of Oklahoma.
2. That Defendant, David Stanley of Norman, LLC, is a business with its principle place of business located in Norman, Cleveland County, State of Oklahom

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In Re C.J.A.H

The Child was born on September 16, 2009. On January 9, 2012, the State filed a petition in juvenile court on behalf of the Child‟s mother (Mother) to establish Father‟s paternity and to set child support. Father testified in the case now before us that he was present in juvenile court each time he was summoned, and that he was willing to work with the court to set child support, but

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Virginia Louise Burke et al v. Huntsville NH Operations LLC d/b/a Huntsville Manor

This appeal arises from a premises liability action filed in the Circuit Court for Scott County. The plaintiff, Virginia Louise Burke, filed a complaint on November 13, 2012, against Huntsville NH Operations LLC d/b/a Huntsville Manor (“Huntsville Manor”), asserting that she slipped and fell just inside the entrance of Huntsville Manor, the nursing home wherein Ms. Burke‟s mother resided.

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RAYTHEON COMPANY v. USA

In this bid protest, plaintiff Raytheon Company (“Raytheon”), the contract awardee, challenges both the statements made by a Government Accountability Office (“GAO”) attorney during an outcome prediction conference held in conjunction with protests lodged by defendantintervenors Lockheed Martin Corporation (“Lockheed”) and Northrop Grumman Systems Corporation (“Northrop”), and the decision of the

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Poirier V. Blue Seal at Taft Corner, Inc.

The evidence presented to the court is that the veterinarian cannot say that it is
more likely than not that the horse either became ill or died because of eating the new
feed. Given that, it would be pure speculation to conclude that the illness or death were
related to the feed. It would also be highly prejudicial to Defendant for the jury to hear
about the death. The motion

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In re ChinaCast Education Corporation Securities Litigation

Under Rule 10b-5 of the Securities Exchange Act of
1934, “it is unlawful for ‘any person, directly or indirectly,
. . . [t]o make any untrue statement of a material fact’ in
connection with the purchase or sale of securities.” Janus
Capital Grp., Inc. v. First Derivative Traders, 131 S. Ct.
2296, 2301 (2011) (alteration in original) (quoting 17 CFR
§ 240.10b-5(b)). Both par

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Pauma Band of Luiseno Mission Indians for the Pauma & Yuima Reservation v. State of California

Sixteen years ago more than sixty Native American tribes
entered into Tribal-State Gaming Compacts with the State of
California. Sadly, the long and tortured history leading to the
culmination of these Compacts did not cease there. Rather,
litigation based on ambiguous provisions as to the number of
authorized gaming devices has ensued for most of the
duration of these Comp

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Akilah Louise Wofford, et al. v. M.J. Edwards & Sons Funeral Home Inc., et al.

Plaintiff/Appellee Akilah Wofford‘s father, L.C. Wofford, died on June 10, 2013 after suffering a heart attack in his yard. Ms. Wofford, who graduated from high school in 2008, was a college student at the time of her father‘s death. She was raised by her father. When her father passed away, her aunt assisted her with making the funeral arrangements. The family contacted Defendant/Appellant M.J. E

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