Misrepresentation Law
 
Gina Holub v. Chris Gdowski

After Adams 12 Five Star Schools terminated Gina Holub’s employment as an
internal auditor for the School District, she brought this action against the School
District and two of its officials, Superintendent Chris Gdowski and Chief Financial
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Officer Shelley Becker. Holub raised First Amendment and state law claims, alleging
the defendants terminated her employment in retalia

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Angelina Trailov and Mary Kenick v. Allstate Insurance Company and Kathy Berry

Bethel, AK - Angelina Trailov and Mary Kenick sued Allstate Insurance Company and Kathy Berry on bad faith breach of contract theories claiming that the defendants improperly handled Plaintiffs' claims.

Trailov was 15-years-old at the time of the accident. She suffered a skull fracture, a punctured lung and other permanent injuries.

Court Docket Entries:

12/13/2004 08

More...   $17000000 (09-23-2015 - AK)

United States of America v. Albert Preston Alexander a/k/a Alexander Preston, a/k/a Albert Shadon, a/k/a Preston Alexander, a/k/a Albert Reton Alexander, a/k/a Albert Preton Alexander

Under the Sex Offender Registration and Notification Act (SORNA), 42 U.S.C.
§§ 16901‒16962, a sex offender must register in each jurisdiction where he resides, see
id. § 16913(a), and update that registration promptly upon moving, see id. § 16913(c).
Failure to do so is a crime. See 18 U.S.C. § 2250. The duration of the offender’s
registration requirement depends on his “tier

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Owens v. DRS Automotive FantomWorks, Inc.

This appeal arises out of a dispute concerning the repair and renovation of an antique automobile. It requires us to decide whether the plaintiffs' evidence was sufficient to support their allegations of both common law fraud and violations of the Virginia Consumer Protection Act ("VCPA"), Code § 59.1-196, et seq.

In July 2012, Virginia Beach residents Richard L. Owens, Sr. and his wife

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Serna v. Bureau of Land Management

Plaintiff-appellant Tony Serna, proceeding pro se and in forma pauperis,
appeals the district court’s dismissal of his complaint for failure to state a claim. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.
In his complaint, Mr. Serna asserted a single claim of negligence against the
Bureau of Land Management (BLM) and three of its employees. He alleged that

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Metropolitan Property etc. v. Gerry Calvin

In March 2006, Calvin’s home was destroyed by a fire. His insurance carrier paid the claim, and he rebuilt on the same land. As construction of the new home neared completion, Gerry Calvin spoke with an agent of State Farm Insurance to discuss homeowner’s insurance coverage. That agent told Calvin that State Farm would not insure him because of the prior fire loss and advised him to seek insura

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Esprit Health, LLC v. University of Delaware and Steven Stanhope

Dover, DE - Esprit Health, LLC sued the University of Delaware and Steven Stanhope on fraud and negligent misrepresentation theories claiming that they defrauded the United States of America on a Department of Defense contract. The Plaintiff claimed that the University sought out Esprit to provide information technology infrastructure for a military project aimed at improving rehabilitation of com

More...   $390000 (09-19-2015 - DE)

Orlander v. Staples, Inc

On March 3, 2012, Plaintiff purchased a Hewlett Packard computer at a Staples store, and 2
also purchased Staples’s two-year “Carry-in” Protection Plan for $99.99. He was given a 3
Protection Plan Brochure (“the Contract”), as well as verbal assurances from a Staples sales 4
representative that “[t]he manufacturer’s warranty [would] not be sufficient to address issues that 5
ar

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Land Baron Invs. v. Bonnie Springs Family LP

In 2004, appellants Land Baron Investments, Inc., Michael
Chernine, and Robert Black, Jr. (collectively, Land Baron), contracted to
purchase land for $17,190,000 from respondents Bonnie Springs Family
Limited Partnership, Bonnie Springs Management Company, Alan
Levinson, Bonnie Levinson, and April Boone (collectively, Bonnie Springs)
for the express purpose of building a s

More...   $0 (09-17-2015 - NV)

Andrew Orlander v. Staples, Inc.

21 Plaintiff Andrew Orlander, a resident and citizen of New York State, appeals from the
22 district court’s dismissal, under Fed. R. Civ. P 12(b)(6) for failure to state a claim, of his claims for
23 breach of contract and for violations of New York General Business Law (“N.Y. GBL”) Sections
24 349 and 350, which prohibit deception of consumers and false advertising. Defendant Staples

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Commerce Insurance Co., Inc. v. Gentile

The Gentiles purchased through Commerce the standard Massachusetts automobile insurance policy, seventh edition, which was approved by the Commissioner of Insurance (commissioner). The policy insured both the Gentiles and their vehicles. A section of the policy titled "Our Agreement" provided that "[t]his policy is a legal contract under Massachusetts law." It stated further that "[o]ur contra

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Stephanie Lenz v. Universal Music Corp.

Stephanie Lenz filed suit under 17 U.S.C. § 512(f)—part
of the Digital Millennium Copyright Act (“DMCA”)—
against Universal Music Corp., Universal Music Publishing,
Inc., and Universal Music Publishing Group (collectively
“Universal”). She alleges Universal misrepresented in a
takedown notification that her 29-second home video (the
“video”) constituted an infringing use of

More...   $0 (09-14-2015 - CA)

AP-Colton v. Ohaeri

The following facts are taken from the evidence introduced at trial.
AP-Colton owns a shopping center in Colton. The Ohaeris wanted to open up a thrift store in the center that would sell new and used merchandise.
One of the stores already in the center was a Big Lots. An AP-Colton representative told the Ohaeris that they could not use the word “thrift” in the name of their store becaus

More...   $0 (09-15-2015 - CA)

Boyle v. Zurich American Insurance Co.

Joseph P. Boyle was injured by an exploding tire
in an automobile repair shop operated by C&N Corporation (C&N).
Joseph2 and his wife, Janice M. Boyle, filed a complaint against
C&N, asserting claims for bodily injury and loss of consortium.
C&N held an insurance policy issued by Zurich American Insurance
Company (Zurich). The policy required that C&N provide notice

More...   $0 (09-14-2015 - MA)

Brand Marketing Group LLC v. Intertek Testing Services NA

Brand is a small company founded in 2004 by David Brand.1 Until about 2008, Brand sold vent-free heaters— products that provide gas heat without having to vent outdoors—made by a company called ProCom. At that point, Brand began developing the Thermablaster, a vent-free heater that purportedly improved on ProCom’s design.
Through some industry contacts, Brand was introduced to a Chinese com

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Morse v. Fusto

In 2002, the MFCU initiated an investigation into the professional financial
affairs of Morse, a dentist, then practicing with another dentist in the Park Slope 4  
neighborhood of Brooklyn as ʺ580 Dental, P.C.ʺ  The defendant John Fusto, then 5  
a Special Assistant Attorney General with the MFCU, was assigned to the case, as 6  
was the defendant Jose Castillo, then an 

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In re Claims Against Pierce Elevator

PEI operated licensed grain warehouses in Pierce, Randolph, and Foster, Nebraska. Brian Bargstadt was PEI’s president and one-third owner. PEI maintained a banking relationship with Citizens State Bank (the Bank) and obtained operating loans from the Bank.
1 Neb. Rev. Stat. §§ 88-525 through 88-552 (Reissue 2014). 2 Neb. Rev. Stat. §§ 75-901 through 75-910 (Reissue 2009).
- 802 Nebraska

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Merchants Insurance Group v. Spicer

On December 30, 2011, Joel Estaban Perez was
seriously injured while working for Kevin Spicer, doing business
3 Established by St. 1985, c. 572, § 55, the Fund "provide[s], among other things, a source of payment for an employee who suffers a work-related injury while working for an employer who does not have workers' compensation insurance in violation" of G. L. c

More...   $0 (09-09-2015 - MA)

John W. Paterek v. Village of Amanda, Michigan, Ben Delecke

Plaintiffs John (“Paterek”)1 and Cynthia Paterek (“the Patereks”),
along with their company Paterek Mold & Engineering, Inc. (“PME”), (collectively “Plaintiffs”),
appeal the district court order granting summary judgment in favor of Defendants Ben Delecke,
Commissioner of the Village of Armada Planning Commission, and the Village of Armada
(collectively “Defendants”), in this § 198

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Sun River Energy v. Nelson

“[A] party must, without awaiting a discovery request, provide to the other
parties . . . any insurance agreement under which an insurance business may be liable
to satisfy all or part of a possible judgment in the action or to indemnify or reimburse 1 A sanctioned attorney, even one no longer representing a party in the case, may not take a

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Pelco Construction Company v. Chambers County, Texas

Pelco Construction Company filed suit against Chambers County, Texas, Kurt Amundson, and Amundson Consulting, Inc. over a construction contract. Chambers County counter-sued. The trial court granted summary judgment on liability in favor of Chambers County and Amundson Consulting on all claims in
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the suit. The parties then proceeded to trial on Chambers County’s damages for its breach of

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Robert Haddican and Deborah Haddican v. Framers Insurance Company, Inc. Montgomery Insurance Agency, Inc. and Ann Menor

Norman, OK - Robert Haddican and Deborah Haddican sued Framers Insurance Company, Inc. Montgomery Insurance Agency, Inc. and Ann Menor on bad faith breach of an insurance contract claiming:

COME NOW the Plaintiffs, ROBERT AND DEBORAH HADDICAN (hereinafter “Plaintiffs”), and for their causes of action against Defendants, FARMERS iNSURANCE COMPANY, INC., (hereinafter collectively referred t

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Reynaldo Reyes v. Netdeposit


Reyes alleges that the defendants conspired to conduct a fraudulent scheme whereby certain telemarketing firms would contact unsuspecting individuals and offer them something of little or no value. Reyes alleges that, during unsolicited phone calls with unsuspecting consumers, the telemarketers would obtain bank account information which was used to make unauthorized debits from the the co

More...   $0 (09-05-2015 - PA)

WA Southwest 2 v. First Amer. Title Ins. Co.

In conducting our de novo review, we “must ‘give[] the complaint a reasonable interpretation, and treat[] the demurrer as admitting all material facts properly pleaded.’ [Citation.] Because only factual allegations are considered on demurrer, we must disregard any ‘contentions, deductions or conclusions of fact or law alleged . . . .’” (People ex rel. Gallegos v. Pacific Lumber Co. (2008) 158 C

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Holverson v. Lundberg,

Holverson sued Lundberg to quiet title to a tract of land in Burleigh County, alleging he executed a contract for deed to purchase land from the Trust in 1978. He defaulted on payments under the contract for deed and Lundberg sent him a notice of statutory cancellation of the contract on December 13, 2012, which required him to satisfy the contract by June 17, 2013. Holverson alleged he presented

More...   $0 (09-04-2015 - ND)

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AK Morlan
Kent Morlan, Esq.
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