Misrepresentation Law
 
Joseph General Contracting, Inc. v. Couto

The appellant Anthony J. Silvestri1 appeals from the judgment of the Appellate Court affirming the judgment of the trial court in favor of the appellees, John Couto and Jane Couto.2 The trial court had found Silvestri personally liable for, inter alia, breach of contract, breach of implied warranty, and violation of the Connecticut Unfair Trade Practices Act (CUTPA),GeneralStatutes§ 42-110aetseq.T

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Touher v. Town of Essex

This appeal arises from a series of disputes
between the seasonal residents of Conomo Point and the town of
Essex (town), which owns and rents them the land on which they
reside. Four sets of plaintiff residents filed a complaint
seeking a declaration that they owned the buildings they had
erected on the town's land. After a jury-waived trial, a
Superior Court judge

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Hartford Casualty Ins. Co. v. J.R. Marketing, L.L.C.

In the summer of 2005, appellant Hartford Casualty Insurance Company (Hartford) issued one CGL insurance policy to Noble Locks Enterprises, Inc. (Noble Locks), effective from July 28, 2005, to July 28, 2006, and a second CGL policy to J.R. Marketing, L.L.C. (J.R. Marketing), effective August 18, 2005, to August 18, 2006. In these policies, Hartford promised to defend and indemnify the named insur

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Latoya Brown v. Dick Smith Nissan, Inc

Shortly after graduating from college, Brown went to Dick Smith to buy a car and was assisted by Hiller. She informed him that she wanted to pay no more than $250 per month for a car payment. Hiller showed Brown pictures of preowned cars on his computer. Brown selected a Mazda 6 and Hiller prepared a buyer's order for the Mazda 6. He then directed Brown to the finance department. Brown talked

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Dr. Bernd Wollschlaeger, et al v. Governor of the State of Florida, et al

On June 2, 2011, Florida Governor Rick Scott signed the Act into law. The
Act created Fla. Stat. § 790.338, entitled “Medical privacy concerning firearms;
prohibitions; penalties; exceptions,” and amended the Florida Patient’s Bill of
Case: 12-14009 Date Filed: 07/28/2015 Page: 5 of 152
6
Rights and Responsibilities, Fla. Stat. § 381.026, to include several of the

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In the Interest of K.D., a Minor Child

The Texas Department of Family and Protective Services (the Department) filed a petition seeking to terminate Mother’s parental rights to her fourteen-year-old daughter, K.D. A trial court “may order termination of the parent-child relationship if the court finds by clear and convincing evidence[] (1) that the parent has . . . executed . . . an . . . irrevocable affidavit of relinquishment of pare

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Tiffany Lynn Fraser v. Timothy Purnell, as Independent Executor, Estate of Tommy Arthur Punell, Deceased

This case presents an appeal from a bench trial in which the trial court found in favor of appellee Timothy Purnell, as Independent Executor of the Estate of Tommy Arthur Purnell, Deceased (Purnell), against appellant Tiffany Lynn Fraser on Purnell’s claims of common law fraud and statutory fraud in a real estate transaction. The trial court awarded damages, pre- and post-judgment interest, and at

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Favero Farms v. Baugh

The Baughs owned twenty acres of land in Weber County, Utah. In 2004, they met with a wetlands consultant who informed them that there were wetlands on their property and that they therefore could not use fill dirt on the property without obtaining a permit from the United States Army Corps of
Favero Farms v. Baugh
20140711-CA 2 2015 UT App 182
Engineers. The Baughs had already pl

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DARA HEM v.TOYOTA MOTOR CORP., et al.

In March 2007, Hem brought suit in a Texas federal court after he was
9 seriously injured in an accident. Hem was traveling through northern New Mexico
10 when his Toyota truck separated from the U-Haul trailer it was towing, causing the
11 truck to roll over several times. After treating Hem for his injuries, UNMH recorded
12 a hospital lien for Hem’s outstanding medical bills. T

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Dr. Bernd Wollschlaeger v. Governor of Florida

Miami, FL - Eleventh Circuit holds that Florida may prohibit doctors from asking patients about gun ownership


The Governor of the State of Florida, other Florida officials, and members of the Board of Medicine of the Florida Department of Health (collectively, the “State”), appeal from the District Court’s grant of summary judgment and an
injunction in favor of a group of physicia

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Hein v. Sott Homes

Sott is a general contractor based in Billings, Montana, and the sole owner of
Krude Kustoms, LLC, a metal fabricating and trucking firm. In 2001, Hein hired Sott to
construct a log homefor him. Sott completed the homethat same year.
¶4 Each winter following construction of the home, Hein noticed water damage
appearing in different areas of the home’s tongue and groove ceili

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Octavio Raya v. Rio Management Company, LLC and Wyatt Hidalgo Farms, Inc.

By four issues, appellant, Octavio Raya, appeals the trial court’s confirmation of the arbitrator’s take-nothing judgment in favor of appellees, Rio Management Company, L.L.C. (“Rio”) and Wyatt Hidalgo Farms, Inc. (“Wyatt”). Raya raises four issues on appeal challenging the trial court’s grant of Rio’s summary relief: (1) Rio omitted the
2
premises owner, Wyatt Hidalgo Farms, Inc. (“Wyatt”

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Wilma Reynolds v. David Reynolds

Appellant Wilma Reynolds appeals from the trial court’s denial of her
petition for a bill of review seeking to set aside and re-litigate the community
property division contained in the decree of divorce ending her marriage to
appellee David Reynolds. Although Wilma raises two issues, we need only
address her second, in which she contends that the trial court abused its discretion<

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United States of America v. Kathy Medlock

Defendants-Appellants Woody and Kathy Medlock (the
Medlocks) appeal their jury convictions for aggravated identity theft, health-care fraud, and
related crimes.1 The Medlocks, who are married, owned and operated Murfreesboro Ambulance
Service (MAS), a non-emergency ambulance company that transported Medicare patients to
regular kidney-dialysis appointments. In their appeals, which

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Ed Rutledge v. Hewlett-Packard Company

This case is a class action brought by purchasers of notebook computers that were manufactured by Hewlett-Packard, Inc. (HP). Appellants are I Braun Degenshein (Degenshein), and Susanna Giuliano-Ghahramani (Giuliano-Ghahramani), both of whom are representative plaintiffs of a class of California residents who purchased certain HP notebook computers. The basis of appellants’ consumer action aga

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St. Clair Marine Salvage, Inc. v. Michael Bulgarelli

Defendant Michael Bulgarelli owns a
boat that ran aground in Lake St. Clair, necessitating the services of a salvage ship to
tug it free by towing it several feet. Plaintiff St. Clair Marine Salvage, Inc., alleges that the
agreed-upon price was approximately $9,000, while Bulgarelli insists he was quoted a price
range of $1,000–$1,200. The district court denied St. Clair Marine’s m

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Hsin-Chi-Su aka Nobu Su v. Vantage Drilling Company

Appellee, Vantage Drilling Company (“Vantage”), sued appellant, Hsin-
Chi-Su aka Nobu Su (“Su”), seeking, inter alia, to recover Vantage shares held by
Su’s wholly-owned affiliate, F3 Capital, on the ground the stock was acquired via
Su’s fraud and breach of fiduciary duties. The trial court signed a temporary
injunction precluding Su from disposing of, or otherwise encumbering, th

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Leroy Haeger v. The Goodyear Tire & Rubber Company

On November 8, 2012, after a six-hour evidentiary
hearing, and after considering the record in the case and
fifteen briefs filed by the potentially-sanctionable parties,
then-Chief United States District Judge Roslyn O. Silver, of
the United States District Court for the District of Arizona,
handed down a sixty-six-page order (Order) imposing
sanctions ultimately calculated

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UNITED STATES OF AMERICA v. KATHY MEDLOCK (14-5084); WOODY H. MEDLOCK

Woody and Kathy Medlock (the Medlocks) appeal their jury convictions for aggravated identity theft, health-care fraud, and related crimes.1 The Medlocks, who are married, owned and operated Murfreesboro Ambulance Service (MAS), a non-emergency ambulance company that transported Medicare patients to regular kidney-dialysis appointments. In their appeals, which we decide together, the Medlocks arg

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Macquarie Bank Limited v. LexMac Energy, L.P.

Macquarie Bank Limited (Macquarie Bank) and a subsidiary brought suit
against LexMac Energy, L.P. (LexMac); Novus Operating Company, L.P. (Novus);
Lexar Energy, Inc. (Lexar); and Bradley Knickel, who controls all three companies
(collectively, Lexar Group). Macquarie Bank and the subsidiary alleged claims of
deceit, fraud, and promissory estoppel, among others, and also alleged tha

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William Klug v. J.P. Wickert and Ted Bovay, d/b/a Applause Entertainment

Appellant William Klug appeals the trial court’s order dismissing his lawsuit against appellees J.P. Wickert and Karl Bovay, d/b/a Applause Entertainment, for want of personal jurisdiction. Klug contends the trial court erred in granting appellees’ special appearance and subsequently dismissing his lawsuit because appellees did not negate all grounds asserted by Klug for the court’s exercise of pe

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ROGER JOHNSON and DOROTHY JOHNSON v. HAYMAN & ASSOCIATES, INC., HAYMAN RESIDENTIAL ENGINEERING SERVICES, INC. and HAYMAN RESIDENTIAL ENGINEERING SERVICES, LLC,

Roger and Dorothy Johnson appeal the circuit court’s grant of
summary judgment in favor of Hayman Residential Engineering Services, Inc.
(Hayman). The Johnsons sued Hayman on a theory of professional negligence
because Hayman made an allegedly substandard and inadequate structural
engineering report on the Johnsons’ home (the Home). The report was prepared for
Fannie Mae

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ALLEN JOSEPH COLLINS v.THE STATE OF WYOMING

In the summer of 2013, JP and his friend CT, both nine years old, were playing outside the apartment complex where they lived in Rock Springs, Wyoming. JP ran up the stairs to his apartment and told his mother that he had seen Mr. Collins, who lived in the same complex, put his hand down the front of CT’s shirt. JP’s mother found CT on the stairs outside their apartment and asked her if what JP

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H & Q Properties, Inc. v. David Doll

Appellants H & Q Properties, Inc., John Quandahl, and Mark Houlton
(collectively, "H&Q") appeal the district court's1 dismissal of their claims and denial
of their motion for leave to file a second amended complaint alleging violations of
both state law and the Racketeer Influenced and Corrupt Organizations Act (RICO),
18 U.S.C. §§ 1961–1968, against appellees. We affirm.
I. Ba

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JIM HEIN v. JOHN W. SOTT, d/b/a SOTT HOMES, and KRUDE KUSTOMS, LLC,

This case arises from a dispute between Jim Hein and John Sott and his
companies, Sott Homes and Krude Kustoms, LLC (collectively, “Sott”), builders of
Hein’s home. Hein appeals the Thirteenth Judicial District Court’s July 8, 2013 Order
partially granting Sott’s Motion to Dismiss, and its September 26, 2014 Order granting
Sott’sMotion for Summary Judgment. We address the fol

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