Misrepresentation Law
 
Kenneth P. Felis v. Downs Rachlin Martin, PLLC, and Gallagher, Flynn & Company, LLP

This case arises out of a divorce proceeding between plaintiff
Kenneth Felis and his former wife, Vicki Felis. Defendant Downs Rachlin Martin, PLLC
(DRM) represented Ms. Felis in the divorce proceeding, and defendant Gallagher, Flynn &
Company, LLP (GFC) was retained by DRM on behalf of Ms. Felis to prepare business
valuations related to the proceeding. Plaintiff appeals the

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In re Genelux Corporation

Plaintiff Genelux Corporation (the ―Company‖) is a privately held, clinical stage
biopharmaceutical company incorporated in Delaware and headquartered in San Diego,
California, with additional operations in Germany. Intervenor, Dr. Aladar Szalay, along
with Dr. Douglas Will and Dr. John Thomas (together, the ―Founders‖), founded Genelux
around 2001. In

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Quadrant Structured Products Company, Ltd. v. Vertin, et al.

A five-day trial took place on June 22-25 and 30, 2015. The parties submitted over
900 exhibits, called six fact witnesses and five expert witnesses, and lodged twenty-three
depositions. The following facts were proven by a preponderance of the evidence.
Quadrant principally challenged Athilon’s payments of allegedly excessive service and licensing fees to an affiliate of Merced, as

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Valencis v. Nyberg

The defendants David Nyberg and CSM North, LLC (CSM),1 appeal from the judgment of the trial court awarding a prejudgment remedy in favor oftheplaintiffs,StanleyValencis,ACSYS,Inc.(ACSYS), and MIG Ventures, LLC (MIG), in the amount of $1,517,389.40.2 On appeal, the defendants claim that (1) the court improperly granted the application for a prejudgment remedy without taking into account the defen

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Del Bartel and Dale Thurgood v. David C. West

On December 17, 2009, Appellants and the company they own, High Desert, LLC, filed suit against David Fisher, Constance Millet, and Rocky Mountain Title Insurance Agency of Lincoln County, alleging breach of contract, intentional and negligent misrepresentation, fraud, and other claims arising from an unfulfilled real estate purchase agreement. Appellants alleged that High Desert was the seller of

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United States of America v. Kenneth Mullins

Defendant Kenneth Mullins operated
a cocaine and marijuana stash house, along with Terrance
Washington, in Mullins’s apartment. While executing a
search warrant based on an affidavit filed by Deputy Kyle
Boomer, police uncovered a large quantity of drugs in the
apartment. After Mullins’s indictment, several factual inaccuracies
in the affidavit came to light. Mullins filed

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Del Bartel and Dale Thurgood v. David C. West

On December 17, 2009, Appellants and the company they own, High Desert, LLC, filed suit against David Fisher, Constance Millet, and Rocky Mountain Title Insurance Agency of Lincoln County, alleging breach of contract, intentional and negligent misrepresentation, fraud, and other claims arising from an unfulfilled real estate purchase agreement. Appellants alleged that High Desert was the seller of

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Eli Nassar and Rhonda Nassar v. Liberty Mutual Fire Insurance Company, Liberty Mutual Group and Marcus Smith

In three issues, Elie and Rhonda Nassar challenge summary judgment orders
in favor of Liberty Mutual Fire Insurance Company, Liberty Mutual Group, Dave
Baker, Mary Hamilton, and Marcus Smith (collectively, “Liberty Mutual”). The
trial court signed the summary judgment orders in connection with an insurance
coverage dispute and an appraisal award arising from damage to the Nassars’<

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Watterud v. Uhren

On September 3, 2013, Joshua and Janet Gilbraith retained Amber Uhren as their
real estate agent to sell their home at 4109 Murphy Avenue in Billings. That day the
parties signed a “Relationships/Consents in Real Estate Transactions” agreement and a
“Residential Listing Contract.” In the latter, the Gilbraiths disclosed that the property
had not been tested for mold and had no

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Commonwealth v. Occhiuto

At some point in 2009, the defendant became
the target of a drug investigation (code-named "Operation
Cryptonite") jointly conducted by Federal, State, and local law
enforcement agents. A cooperating witness, code-named "Olive,"
was enlisted to attempt to buy two ounces of "crack" cocaine and
thirty grams of heroin from the defendant, using money supplied
by the age

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Aricidiacono, et al. v. State Of Delaweare

In prior decisions, we made clear that if a defendant knowingly pled guilty to a
drug crime, he could not escape his plea by arguing that had he known that the OCME
had problems, he would not have admitted to his criminal misconduct in possessing
illegal narcotics.7 As we pointed out, the poor evidence-handling practices at the OCME,
however regrettable, were not a license for

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Brusby v. Metropolitan District

The following facts and procedural history are relevant to this appeal. The plaintiff owns and resides in a house located on Newport Avenue in West Hartford. The defendant is a municipal corporation that provides potable water and sewerage services to its customers, including the plaintiff, on a regional basis. On October 15, 2005, and March 7, 2011, raw sewage entered into and flooded the plainti

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American Dream Team, Inc. v. Citizens State Bank

ADT is a real estate brokerage firm specializing in selling properties in the Cedar Creek Lake area of Henderson County, Texas. On January 23, 2010, it received the following system wide email sent by the marketer Point2 Real Estate:
23-Jan-2010
Prospect Email
You are receiving this email because Mr. Yang Hua Lopez has emailed you from your website.
Email: yanghl@informaticos.com

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Nina Shervin v. Partners Healthcare System, Inc.

Plaintiff-appellant Nina Shervin,
M.D., secured admission to one of the country's most prestigious
orthopedic residency programs. When she was placed on academic
probation, she concluded that her superiors were discriminating
against her based on her gender and thereafter began retaliating
against her because she had dared to challenge the probation
decision. Bent o

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Efraim Diveroli v. United States of America

Efraim Diveroli’s story is so outlandish that it has inspired an article in Rolling Stone, a book, and a forthcoming comedy film. See Guy Lawson, How Two Stoner Kids from Miami Beach Became Big-Time Arms Dealers—Until the Pentagon Turned on Them, Rolling Stone, Mar. 31, 2011, at 52; Guy Lawson, Arms and the Dudes: How Three Stoners from Miami Beach Became the Most Unlikely Gunrunners in History (2

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Nina Shervin, M.D. v. Partners Healthcare System, Inc.

Plaintiff-appellant Nina Shervin,
M.D., secured admission to one of the country's most prestigious
orthopedic residency programs. When she was placed on academic
probation, she concluded that her superiors were discriminating
against her based on her gender and thereafter began retaliating
against her because she had dared to challenge the probation
decision. Bent on vindic

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Nurse v. Omega US Insurance, Inc.

This case arises from the denial of coverage by
the defendant, Omega US Insurance, Inc. (Omega1), for water
damage to a multi-unit residence owned by the plaintiff, Karl
Nurse. The damage is alleged to have been caused by a burst
1 Omega's successor-in-interest is Canopius US Insurance,
Inc. We use the name Omega as did the judge and the parties.
2
pipe which resulted f

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Michael Anderson v. Thomas Snoddy

Michael Anderson and Thomas Snoddy had a business relationship related to a bail bonding business in Gilmer, Texas, called Fast Action Bail Bonds. The relationship between Anderson and Snoddy and the roles and rights of each relative to the business were in dispute, but are not critical here. It is sufficient to say that Snoddy had been in the bail bonding business for many years and that Anderson

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United States of America v. Joseph W. Nagle

Joseph Nagle and Ernest Fink were co-owners and executives of concrete manufacturing and construction businesses. The businesses entered into a relationship with a company owned by a person of Filipino descent. His company would bid for subcontracts on Pennsylvania transportation projects as a disadvantaged business enterprise. If his company won the bid for the subcontract, Nagle and Fink’s busin

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United State of America v. Nivis Martin a/k/a Nivis Alvarez

After a trial by jury, Nivis Martin was convicted of multiple counts of bank and wire fraud, sentenced to a prison term of 46 months, and ordered to pay $963,400.47 in restitution. On appeal, Martin challenges her convictions,
Case: 14-11019 Date Filed: 09/30/2015 Page: 1 of 29
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contending that the district court erred in denying her motion for judgment of acquittal on all counts beca

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United States of America v. Derek Hinkley

In January 2014, Derek Hinkley
entered a conditional guilty plea to one count under federal law
of sexual exploitation of a minor. 18 U.S.C. § 2251(a). As
allowed by his plea agreement, he now appeals the district court's
denial of three motions to suppress. He also challenges his
sentence of 300 months of imprisonment. We affirm his conviction
and sentence.
I.
As t

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Michael Anderson v. Thomas Snoddy

Michael Anderson and Thomas Snoddy had a business relationship related to a bail bonding business in Gilmer, Texas, called Fast Action Bail Bonds. The relationship between Anderson and Snoddy and the roles and rights of each relative to the business were in dispute, but are not critical here. It is sufficient to say that Snoddy had been in the bail bonding business for many years and that Anderson

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Cornelio Morales v. Hidalgo County Irrigation District #6

Appellant Cornelio Morales (“Morales”) appeals from a summary judgment entered in favor of appellee Hidalgo County Irrigation District No. 6 (“District”) on his breach of contract claim. By four issues, Morales argues that the trial court erred by: (1) granting summary judgment on the District’s affirmative defenses of illegality and lack of
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consideration; (2) denying Morales’s motion fo

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Landmark Investment Group, LLC v. CALCO Construction & Development Co

The dispute in the present case has a long and circuitous history, which began more than one decade ago when the plaintiff, Landmark InvestmentGroup,LLC(Landmark),acommercialrealestate developer, entered into a contract to purchase an environmentally contaminated property in the town of Plainville (town) with the hopes of remediating and developingitforcommercialuse.Theselleroftheproperty, Chung F

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Rice v. Sallaz

Dennis Sallaz and Renee Baird married in 1996. After having separated in the fall of 2003, they divorced on July 28, 2005. The property and debt issues were hotly contested, tried before the court on four separate occasions between November of 2005 and July of 2006, and determined in a written decision entered on October 30, 2007. Among the assets at issue in the divorce trial were Real Homes, LLC

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