Misrepresentation Law
 
PREDATOR INTERNATIONAL, INC. v. GAMO OUTDOOR USA, INC.

Attorney John Cogswell appeals the imposition of a Rule 11 sanction. Acting on
behalf of Predator International, Inc., Cogswell filed a lawsuit in April 2009 in the United
States District Court for the District of Colorado against Gamo Outdoor USA, Inc. and
Industrias El Gamo, S.A. (collectively, Gamo). The original complaint alleged patent
infringement and other claims. Whe

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JOSEPH GENERAL CONTRACTING, INC. v. JOHN COUTO ET AL. JOHN COUTO ET AL. v. LANDEL REALTY, LLC, ET AL

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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Robert C. Lisk v. Lumber One Wood Preserving, LLC

In this proposed class action, the named plaintiff asserts that wood he bought for a fence at his home was not properly pressure-treated and that it prematurely rotted. He asserts claims against the defendant wood manufacturer under Alabama law, first for violating the Alabama Deceptive Trade Practices Act, and second for breach of express warranty. The district court dismissed the claims.
Thi

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DONNA CANAVAN vs. JOE W. CONLAN, MICHAEL SAUSER, and CS & R, LLC d/b/a CORNERSTONE HOMES,

A home buyer appeals from an adverse judgment following jury trial of her
breach-of-contract, negligence, and misrepresentation claims against the seller.
Donna Canavan contends the trial court (1) erred in not granting a new trial when
the jury’s verdict was not sustained by sufficient evidence; (2) erred in failing to
grant a directed verdict in regard to the individual liab

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United States of America v. Al Hakeem Muhammad

DALLAS, TX — Al Hakeem Muhammad, II, 26, appeared before U.S. Magistrate Judge David L. Horan and pleaded guilty to one count of misrepresentation of a Social Security number. Muhammad, who is on bond, faces a maximum statutory penalty of five years in federal prison and a $250,000 fine. Sentencing is set for October 21, 2015, before U.S. District Judge Barbara M. G. Lynn.

According to p

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James L. Janes, Sam Britton Pyland, Jr. as Independent Executor of the Estate of Lucy Pyland, Deceased, and Dennis Spence Janes as Independent Executor of the Estate of Woodrow Wilson Janes, Deceased v. Mary Adams as Independent Executor of the Estate of Bettie Maxey, Deceased

James L. Janes, Sam Britton Pyland, Jr. as Independent Executor of the Estate of Lucy Pyland, Deceased, and Dennis Spence Janes as Independent Executor of the Estate of Woodrow Wilson Janes, Deceased appeal from a denial of their contest of the will of Bettie Maxey, who had passed away in 2011. The appellants complain that the evidence
Janes v. Adams Page 2
was legally and factually insuff

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Virginia Poindexter v. Mercedes-Benz Credit

Virginia M. Poindexter appeals the district court’s grant of summary judgment to Mercedes-Benz Credit Corporation (“MBCC”) on her claims arising from MBCC’s failure to timely release a lien placed on her residence after she satisfied her underlying debt obligation. For the reasons set forth below, we affirm the district court’s judgment.
I.
In April 2001, Poindexter purchased an Audi sedan

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Gregory Christian v. David Ballard

In September 2003, petitioner Gregory Brent Christian (“Christian”) pled guilty in West Virginia state court to two counts of first-degree armed robbery, and to one count of malicious assault arising out of his shooting of a police officer who was investigating the robberies. Pursuant to a plea agreement, Christian was sentenced to concurrent terms of 25 years imprisonment on the robbery counts, a

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Gabriel F. Martinez v. Victor F. Petrenko

To maintain a private action
under the Fair Labor Standards Act ("FLSA" or "the Act") for a
failure to pay for overtime at the mandated rate, an employee must
prove a nexus to interstate commerce sufficient to trigger coverage
under the Act. The employee can prove this nexus by showing that
the employee engaged in commerce for the employer within the
meaning of the Act, or

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Wyle Inc. v ITT Corp

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered October 23, 2013, which denied defendants' CPLR 3211(a)(1) and (7) motion to dismiss plaintiffs' amended complaint asserting fraudulent inducement, affirmed, without costs.

The court properly concluded that the fraudulent inducement claim was not duplicative of the breach of contract claim.

The underlying facts

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United States of America v. George R. Cavallo

The defendants in this case—George Cavallo, his wife Paula Hornberger,
and Joel Streinz—were players in one of the most long-lasting mortgage fraud
conspiracies in the history of central Florida. From approximately October 1997
through March 2008, these three defendants, along with about a dozen other
people, conspired to solicit and assist friends, family members, and business

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Lori Anderson v. K-V Pharmaceutical Company

This securities fraud class action involves a class of plaintiffs who purchased
or otherwise acquired shares of K-V Pharmaceutical Company stock during the
period in which the company launched and marketed Makena, its new prescription
drug. The plaintiffs allege that K-V and three of its officers (collectively K-V) made
materially false or misleading statements or omissions related

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United States of America v. Brandy Marie Thomas

Brandy Thomas was convicted, after a jury trial, of four counts of wire fraud
based on a scheme she perpetrated to defraud mortgage lenders by submitting false
The Honorable M. Douglas Harpool, United States District Judge for the
1
Western District of Missouri, sitting by designation.
income information on loan applications. The district court sentenced Thomasto 48 2
mont

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Sauer Incorporated d/b/a Sauer Southeast v. Carrie D. Larson

Sauer Incorporated ("Sauer") filed an adversary proceeding objecting to the discharge of a debt
owed by Carrie Lawson ("Ms. Lawson") that she allegedly obtained
as part of a fraudulent scheme to prevent Sauer from collecting a
previous judgment from her father, James Lawson. See 11 U.S.C.
§§ 523(a)(2)(A), 523(a)(6). The bankruptcy court dismissed for
failure to state a claim

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George Schussel v. Commissioners of Revenue

Since the 1970s, George and Sandra Schussel2 have
owned property and business interests in Massachusetts, and have
had other close ties to the Commonwealth. The Schussels, who

1 Sandra Schussel.
2 Because they share a last name, we refer to George and
Sandra Schussel by their first names.
2
are married, filed no Massachusetts tax returns between 1989 and
2007.

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Masters Group International, Inc. v. Comerica Bank

¶1 Comerica Bank appeals a jury verdict and judgment rendered in favor of Masters
Group International, Inc. in the Second Judicial District Court, Silver Bow County. We
restate the determinative issues on appeal as follows:
1. Whether the District Court abused its discretion by denying Comerica’s severance
motion;
2. Whether the District Court erred in applying Montana law d

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Kay Eckler v. Neutrogena Corporation

This case concerns congressional intent with respect to label information on
sunscreen products: is it to be determined solely by the federal agency it charged with
ensuring uniform labeling for those products, or, in addition, by each state through
private civil suits. Appellants Kay Eckler and Steve Engel filed separate actions against
respondent Neutrogena Corporation alleging t

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Richard E. Glossip v. Kevin Gross

Prisoners sentenced to death in the State of Oklahoma
filed an action in federal court under Rev. Stat. §1979, 42
U. S. C. §1983, contending that the method of execution
now used by the State violates the Eighth Amendment
because it creates an unacceptable risk of severe pain.
They argue that midazolam, the first drug employed in the
State’s current three-drug protocol,

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Lloyd Douglas v. City of Kemp, Texas

Appellant Lloyd Douglas appeals from the trial court’s order granting appellee City of Kemp, Texas’s plea to the jurisdiction. On appeal Douglas argues that his claims against the City are not barred by governmental immunity. We affirm the trial court’s order.
BACKGROUND
Douglas built a nursing facility in Kemp, a city located in Kaufman County, Texas. According to Douglas, before he

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Michael Gallner v. C. Gregg Larson

Michael Gallner (Gallner) filed a complaint against C.
Gregg Larson alleging breach of fiduciary duty arising out of
the attorney-client relationship, breach of fiduciary duty arising
out of the duty of a trustee, and conversion. Gallner sought
either money damages or the imposition of an oral or constructive
trust as to proceeds paid out to Larson as beneficiary of
various

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Wayson Wong v. Ira Stroler

Wayson and Susanna Wong bought a hillside home in San Carlos for $2.35 million from Ira and Toby Stoler. Several months after they moved in, the Wongs discovered that they and 12 of their neighbors were connected to a private sewer system and were not directly serviced by the City‟s public system. Believing they had been deceived, they sued the Stolers and the real estate agents who brokered the

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Joseph Semir Mutwakil Amin v. The People

In this writ proceeding, we examine whether the People of the State of California, real party in interest, should be allowed to rescind a misdemeanor plea agreement under which they agreed not to pursue certain felony charges against petitioner Joseph Semir Mutwakil Amin. The People contend the agreement is voidable due to mistake of fact and for other reasons, but we disagree and grant petitioner

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State ex rel. Oklahoma Bar Association v. Ward and Starr

¶1 On November 14, 2007, the Muskogee County District Attorney's office filed first degree murder charges against two men, Clinton Potts and Chad Pippin, for the 2004 murder of a man named Gregory Clark. Respondent Ward, who was then an assistant district attorney in Muskogee County, was the lead prosecutor at trial. Respondent Starr represented Mr. Potts. The jury trial of Mr. Potts began on Jul

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John Woods v. Lance E. Berry, Fast Toys For Boys, LLC

Guthrie, OK - John Woods sued Lance E. Berry, Fast Toys For Boys, LLC on a fraud theory claiming:

1. Plaintiff, John Woods, is an individual, who at all times material herein, resided in Oklahoma County, State of Oklahoma.
2. Defendant, Lance Berry, is an individual who, upon information and belief, resides in Oklahoma County, State of Oklahoma.
3. Fast Toys for Boys, LLC, is an O

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Hal Sauls v. Munir Bata, LLC, and the Colony Assets Development, LLC

Appellant Hal Sauls appeals from (1) the trial court’s order sustaining appellees The Colony Asset Development, LLC (Colony Asset) and Munir Bata, LLC’s (MB) objections to Sauls’s summary-judgment evidence and (2) the trial court’s order granting Colony Asset and MB’s motion for summary judgment on Sauls’s counterclaims. We dismiss one appeal and affirm the trial court’s summary-judg

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