Misrepresentation Law
 
Field Services Express, Inc. and Steve Cleveland v. BOKF, NA d/b/a Bank of Oklahoma

Tulsa, OK - Field Services Expresss, Inc. and Steve Cleveland sued BOKF, NA d/b/a Bank of Oklahoma
claiming:

1. Petitioner, Field Services Express, Inc. was incorporated in the state of Oklahoma with its primary place of business in Tulsa, Oklahoma.
2. Petitioner, Steve Cleveland is a resident of Tulsa, Oklahoma.
3. Defendant, BOKF, N.A. DBA Bank of Oklahoma is a national bank

More...   $0 (05-14-2015 - OK)

Johnny E. Webb, III v. Alex Rodriguez, et al.

Claiming a breach of the Uniform Purchase Agreement, under which the members of Diversegy, LLC, sold their ownership interests to Shuck Holdings, LLC, and its parent company, IDT Energy, Inc.—Johnny E. Webb, III, one of the sellers, filed suit in Dallas County,1 contrary to the Agreement’s forum selection clause, against his fellow sellers, Alex Rodriguez, Cesar Garcia, Diversegy, LLC, Lucien

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Austin Jockey Club, Ltd. v. Dallas City Limits Property Co., L.P.

In two issues, appellant Austin Jockey Club, Ltd. (AJC) contends the trial court erred by granting a declaratory judgment that AJC’s termination of a stock purchase agreement with appellee Dallas City Limits Property Co., L.P. (DCL) was wrongful and ineffective and by awarding attorney’s fees to DCL. We affirm the trial court’s judgment.
Factual Background
In August 2005, Longhorn Do

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Teri Sneberger v. Jerry Morrison d/b/a Jerry Morrison Construction and James Phillips

The petitioner and plaintiff below, Teri Sneberger, appeals a final order of the
Circuit Court of Randolph County entered on June 2, 2014, denying her motion for a new
trial in her civil action against the respondents and defendants below, Jerry Morrison, d/b/a
Jerry Morrison Construction, and James Phillips, arising out of the construction of her log
home. Following a three-day tr

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Etelvina Jimenez v. 24 Hour Fitness USA, Inc.

Plaintiffs Etelvina and Pedro Jimenez appeal from summary judgment in favor of
defendant 24 Hour Fitness USA, Inc. (“24 Hour”) in plaintiffs’ negligence action
stemming from a catastrophic injury sustained by Etelvina while using a treadmill at 24
Hour. Plaintiffs asserted that 24 Hour was grossly negligent in setting up the treadmill in
a manner that violated the manufacture

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In re Elias V., a Person Coming Under the Juvenile Court Law.

In an original wardship petition (Welf. & Inst. Code, § 602), appellant, Elias V.,
then 13 years of age, was alleged to have committed a lewd and lascivious act upon a
child under the age of 14 years. (Pen. Code, § 288, subd. (a).)1
Prior to and again at the
time of the jurisdictional hearing, defense counsel moved to exclude inculpatory
statements appellant made to the poli

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Heidi Rodriguez v. Village Green Realty, Inc. d/b/a Coldwell Banker Village Green

Plaintiffs‐Appellants Heidi and Juan Rodriguez, parents of
20 minor child A.R., brought suit for disability discrimination under
21 the Fair Housing Act, 42 U.S.C. § 3601 et seq. (“FHA”), against
22 Defendants‐Appellees Village Green Realty, Inc., a real estate
23 agency, and Blanca Aponte, its agent. The plaintiffs allege, inter alia,
24 that the defendants (1) made h

More...   $0 (06-02-2015 - NY)

United States of America v. Michael James Lott

BOISE, ID - Michael James Lott, 32, of Roseville, California, pleaded guilty to acquiring and obtaining a controlled substance by misrepresentation, fraud, and deception and false statement relating to health care matters, U.S. Attorney Wendy J. Olson announced. Lott was indicted by a federal grand Jury in Boise on January 13, 2015.

At the hearing, Lott admitted that he began altering hi

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Juan A. Apodaca v. Mark Willmore, Matthew Willmore and Oak River Insurance Company

This case presents an issue of first impression in Kansas. We are asked to decide whether the judicially created firefighter's rule (previously referred to as the "fireman's rule") applies to law enforcement officers. We find that the public policy expressed by the Kansas Supreme Court in Calvert v. Garvey Elevators, Inc., 236 Kan. 570, 694 P.2d 433 (1985), applies equally to firefighters and law

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Michael Ney v. Farm Bureau Life Insurance Company

After the death of Shawn Ney (Shawn), his father, Michael Ney (Michael), filed a claim under a life insurance contract naming Shawn as the insured and Michael as the sole beneficiary. Farm Bureau Life Insurance Company (FBL) denied payment of the death benefit under the policy. Michael then filed a lawsuit seeking the policy value of the death benefit. The district court granted summary judgment i

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OFFICE OF THE ATTORNEY GENERAL OF TEXAS v. JOSE GUADALUPE DURAN

Appellant, the Office of the Attorney General of Texas, appeals from the trial court’s judgment that appellee, Jose Guadalupe Duran, pay nothing in back child support. By one issue, appellant contends that “[t]he trial court abused its discretion when it ordered that [appellee,] be released from a child support arrearage judgment in contravention of
2
Texas Family Code section 161.005.

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Lisa Plunkett et al. v. Connecticut General Life Insurance Company and South Central RS, INC.

Appellants are former residents (the Residents) of Saratoga Springs
Apartments, a multi-unit apartment complex in Dallas that was closed due to mold
contamination. The Residents sued Connecticut General Life Insurance Company
2
(the owner), South Central RS, Inc. (the manager), and others, alleging (1) property losses and personal injuries due to the toxic mold contamination and (2

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Zaan, LLC v. Barry Sangani, Sangini Properties, LTD, Kathy Webster, et al

Appellant Zaan, LLC sued appellees Barry Sangani, Sangani Properties, Ltd., and Kathy Webster d/b/a Collin County Land Co. (Webster) alleging various claims related to its purchase of undeveloped real property. All claims against Sangani and its negligence claims against Sangani Properties were disposed of prior to trial. A jury then found against Zaan on all remaining claims. In fourteen issues,

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Mikob Properties, Inc., Allan Klein, and Mitchell Kobernick v. David Joachim, International Realty Concepts, Inc., and H.S. Joachim Family Limited Partnership LTD.

This breach of contract case arises out of a settlement agreement negotiated by business
people who were represented by counsel. Appellants assert five issues that present three areas of
dispute: (i) whether the trial court erroneously dismissed appellants’ claim that the appellees
breached a settlement agreement by pursuing a lawsuit not mentioned in the settlement
agreement; (i

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Alberto R. Garza and Leticia I. Garza, Individually and as Next Friends of Alexandra I. Garza and Kassandra R. Garza v. Melden & Hunt, Inc.

Appellants, Alberto R. Garza and Leticia I. Garza, individually and as next friends
of Alexandra I. Garza and Kassandra R. Garza (“the Garzas”), challenge the trial court’s
2
summary judgment in favor of appellee, Melden & Hunt, Inc. (“Melden”), a surveying and
engineering firm. We affirm.
I. BACKGROUND
The underlying dispute arose as a result of flooding at the G

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Endura Products Corp and Novastar LP v. David A. Altemus

This is an appeal from a summary judgment order entered in favor of
Appellee, David A. Altemus. We affirm.
In 2003, Endura Products Corp and Novastar LP entered into an agreement
with World Wide Web Productions (WWWP). Under the terms of the agreement,
WWWP agreed to create a computer software system for each of Appellants’
businesses. Wesley Groves, WWWP’s Senior Program A

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EVERGREEN RECYCLE, L.L.C., Appellee/Cross-appellant, v. INDIANA LUMBERMENS MUTUAL INSURANCE COMPANY, Appellant/Cross-appellee, v. ECK AGENCY, INC., Appellee/Cross-appellant,

Indiana Lumbermens Mutual Insurance Company (Lumbermens) appeals from the judgment awarded to Evergreen Pallet, L.L.C. and Evergreen Recycle, L.L.C. (Evergreen) in the amount of $231,000 based on Evergreen's claim that Lumbermens improperly failed to pay a claim for losses associated with a fire in a commercial mulch pile owned and maintained by Evergreen. On appeal, Lumbermens contends the distri

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United States of America v. John S. Alphas

When a criminal defendant is
convicted of a fraud offense, the Sentencing Commission has
established amount of loss — generally the higher of actual or
intended loss — as a rough proxy for determining the seriousness of
the offense and the relative culpability of the offender. Although
this concept is easily stated, its application often has vexed
sentencing courts. As

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Ben Young v. Crescent Management, LLC, Mike Rogers and Justin Tarrant

Logan County, OK - Ben Young sued Crescent Management, LLC, Mike Rogers and Justin Tarrant on fraud theories claiming:

Defendant, Crescent Management LLC is, and all times herein mentioned is a business entity of unknown form,
doing business in Logan County, Oklahoma,
2. Defendant, Mike Roger, Owner of Crescent Management LLC
3. Defendant, Justin Tarrant, managing member, of C

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Pamela Gillie v. Law Office of Eric A. Jones, L.L.C.

Plaintiffs Pamela Gillie and Hazel Meadows appeal the district
court order entering summary judgment in favor of Defendants Eric A. Jones; the Law Office of
Eric A. Jones, LLC (“Jones Law Office”); Mark J. Sheriff; Sarah Sheriff; and Wiles, Boyle,
Burkholder & Bringardner Co., LPA (“Wiles Law Firm”). Plaintiffs brought this action under
the Fair Debt Collection Practices Ac

More...   $0 (05-08-2015 - OH)

Robert Marzec v. California Public Employees Retirement System

These consolidated appeals concern the calculation of retirement benefits under the Public Employees’ Retirement Law (PERL), Government Code section 20000 et seq.1 The plaintiffs are former police officers and firefighters employed by local public agencies that provide employee retirement benefits through the California Public Employees’ Retirement System (CalPERS). In order to enhance their s

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Betty Lou Adams v. Pfizer, Inc. f/k/a Wyeth, Inc. f/k/a American Home Products Corporation

Betty Lou Adams sued Pfizer, Inc. f/k/a Wyeth, Inc. f/k/a American Home Products Corporation; Wyeth Pharmaceuticals, inc.; Wyeth Pharmaceuticals, a Division of Wyeth, Inc.; Mona Motz, D.O.; and Standly Rogers, D.O. on product liability theories claiming:

1. This case involves the diet drugs fcnfluramine (Pondimin) and phentermine commonly known as fen phen and dexfenfluramine (Redux), whi

More...   $1 (05-08-2015 - OK)

State Auto Property and Casualty Insurance Company v. Lori Hargis

This appeal presents two related issues: (1) whether
it was error for the district court to dismiss the claim asserted by the insurance company against
>
No. 13-5020 State Auto Prop. & Cas. Ins. v. Hargis Page 2
its insured for “reverse bad faith” because it has not been recognized in Kentucky (or any other
jurisdiction); and (2) whether this court should certify the questi

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State of Oklahoma v. Christopher I. Mansfield

¶1 On January 16, 2014, the Oklahoma Bar Association (OBA) filed a complaint against attorney Christopher I. Mansfield, alleging professional misconduct as authorized by Rule 6.1 of the Rules Governing Disciplinary Proceedings (RGDP).1 After hearing the testimony of several witnesses and being presented with exhibits, the Professional Responsibility Tribunal (PRT) concluded that Mansfield violate

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Phil Rosemann v. Martin Sigillito

Phil Rosemann appeals the district court’s adverse grant of summary judgment
in this diversity action alleging legal malpractice against now-disbarred attorney
Martin Sigillito. We agree with the district court that in negligence cases like this
one, Missouri law requires expert-witness testimony about the duty of care owed.
Without providing an expert, Rosemann’s claim is inva

More...   $0 (05-04-2015 - MO)

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