Misrepresentation Law
 
Thomas R. Griffith and Heather Griffith v. Drew's, LLC

After two buyers closed on their purchase of a building that had formerly been leased as a dental clinic, they discovered that the interior doors had been removed. They sued the seller. The county court entered judgment for the buyers and awarded damages based on the cost they paid for replacement doors. The district court affirmed. Upon further appeal, we conclude that the doctrine of merger did

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Michael J. Wilczewski v. Charter West National Bank, N.A.

Michael J. Wilczewski and Michelle A. Wilczewski filed a civil action for damages in the district court for Douglas County, alleging that Charter West National Bank (Charter West) misrepresented certain facts pertaining to a real estate transaction. Charter West filed a motion to compel arbitration, which the district court denied without prejudice. Charter West appeals from that order. Because we

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Chad P. Johnson v. Chris M. Melson

In 2007, Chad P. Johnson and Stewart S. Minnick entered into a written agreement whereby, after Minnick’s death, Johnson would purchase farmland he had been renting from Minnick and Minnick’s sister for a specified price. The purchase price was to be funded by an insurance policy owned by Johnson on Minnick’s life. Following Minnick’s death in 2012, the proceeds of the policy were paid to

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Thomas Balames v. Robert V. Ginn and Brashear, L.L.P.

The appellee, Thomas Balames, filed this legal malpractice action against Robert Ginn and Brashear LLP, formerly known as Brashear and Ginn (collectively Ginn), the firm where Ginn practiced when the alleged malpractice occurred. Balames brings this action for himself and three other individuals for whom he serves as attorney in fact (collectively
Nebraska Advance Sheets
684 290 NEBRASKA R

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C & M Exploration, LLC v. C. Mark Crawford, BDI, LLC, Calvin R. Hullum, aka Calvin Hullum, Bengalia Land & Cattle Company and Ring Energy, Inc.

Tulsa, OK C & M Exploration, LLC sued C. Mark Crawford, BDI, LLC, Calvin R. Hullum, aka Calvin Hullum, Bengalia Land & Cattle Company and Ring Energy, Inc. seeking specific performance of a contract claiming:

1. CM is an Oklahoma Limited Liability Company doing business in Tulsa County, State
of Oklahoma.
2. Crawford is an individual doing business in Tulsa County, State of Oklaho

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Kerwin Eagleman, et al. v. Diocese of Rapid City, et al.

[¶1.] This appeal requires us to construe statutes of limitation affecting childhood sexual abuse claims against entities that allegedly failed to take steps to safeguard children from known or suspected molesters. Plaintiffs allege that they were sexually abused sometime during the late 1950s through the early 1970s by certain priests, brothers, nuns, and others when they were children attending

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JOHN KLEAS CO., INC. v. MICHAEL PROKOP, DAVID A. CARP AND HERZOG & CARP, P.C.

Appellant John Kleas Co., Inc. (“Kleas”) challenges the trial court’s summary
judgment and its award of attorney’s fees as sanctions in favor of appellees, Michael
Prokop, David A. Carp, and Herzog & Carp, P.C. By five issues, Kleas contends that: (1)
the trial court erred by denying its motion to continue a hearing on appellees’ summary
2
judgment motions; (2) Kleas

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Dennis Ray Hennefer v. Blaine County School District #61

The appellant, Blaine County School District #61 (School), appeals from a jury verdict and post-trial orders favoring the respondents, Dennis and Maryann Hennefer, the parents of Austin Hennefer, who died in a T-bone type automobile accident while performing a three-point turnabout at the instruction of Jeffrey Mecham, a School driver training instructor. The jury returned a special verdict, findi

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Isaac Agam v. Eliyahu Gavra

Shortly before the collapse of the housing market and the onset of the Great Recession, appellants Eliyahu and Yifah Gavra, respondent Isaac Agam, and Eran Cohen formed a partnership to purchase and develop a parcel of land in Los Altos Hills. The partners planned to subdivide the property and build two or three houses for resale. They successfully purchased and subdivided the property into three

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United States of America v. Jerry D. Kerley and Jeffrey Whaley

Defendants-Appellants Jerry D. Kerley and Jeffrey Whaley were
convicted following a jury trial in the Eastern District of Tennessee of conspiracy to commit wire
fraud affecting a financial institution and bank fraud, wire fraud affecting a financial institution,
bank fraud, making a false statement to a financial institution, and money laundering, all arising
out of a mortgage frau

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Manuel Cruz v. Abel Chavez

Civil Rule 2A precludes enforcement of a settlement agreement
where there is a genuine dispute of material fact regarding the existence of the
agreement. Under principles of contract law, which govern settlement agreements,
mutual assent is an essential element for the formation, or existence, of a valid
agreement. Here, the plaintiffs demonstrated a question of material fact as to

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J. Canute Barnes v. Curtis H. Harris

This appeal follows on the heels of a bank failure, the Barnes Banking Company
(the “Bank”) having been placed into Federal Deposit Insurance Corporation (“FDIC”)
receivership in 2010. Three shareholders in Barnes Bancorporation (the “Holding
Company”), parent of the failed bank, brought suit against the Holding Company and its
officers and directors. The district court

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Kurtiss Teegarden v. State of Orgeon

Plaintiff, who is a former employee of the State of
Oregon—specifically, Oregon Youth Authority—filed a complaint
seeking damages from the state and Sid Thompson,
the superintendent of MacLaren Youth Correctional Facility
where plaintiff had worked (collectively, OYA).1 After OYA
moved for judgment on the pleadings pursuant to ORCP 21 B,
the trial court concluded that p

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Tyler Turner v. State of Oregon

Judgment in favor of the State of Oregon and City of
Depoe Bay reversed and remanded; otherwise affirmed.
As plaintiff was travelling north on State Highway 101 in the City of Depoe
Bay, his motorcycle collided with defendant Colip’s automobile, which had
entered the highway from the east on a road owned by Lincoln County. Plaintiff
was severely injured in the accident and, m

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Raul Galvez v. Tornado Bus Company, et al

Appellant Raul Galvez appeals the trial court’s grant of summary judgment in favor of appellees Tornado Bus Company, Tornado Bus Company d/b/a Tornado Money Transfers, and Juan Vazquez (collectively, Tornado Parties). In three issues, Galvez argues that the trial court erred in granting the Tornado Parties’ traditional and no-evidence motions for summary judgment. Because all dispositive issue

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Angela Britton v. Thomas V. Girardi

Plaintiffs Angela Britton and others appeal judgment after the trial court sustained the demurrer of defendants to plaintiffs’ second amended complaint (SAC) for damages based upon defendants’ alleged failure to obtain their informed consent to an aggregate settlement, and defendants’ misappropriation of and failure to account for the settlement funds. Plaintiffs were represented by defendan

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R.D. Tips, Inc. v. Virginia Jett

R.D. Tips, Inc. appeals the trial court’s order granting summary judgment in favor
of Virginia Jett on Jett’s claim for breach of a guaranty. In two issues, Tips contends that (1) the
trial court erred by granting summary judgment because there was a genuine issue of material fact
regarding its affirmative defense that it was fraudulently induced into executing the guaranty
and

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Jackson Padgett v. George L. Kessinger, et al.

The issue in this appeal is whether the trial court abused its discretion in failing to find that appellants, Jackson Padgett and Mark Negrete, were prevailing parties in this breach of contract case and thus entitled to attorney’s fees. We hold that because appellants prevailed on the breach of contract claim, which was separate and distinct from the fraudulent inducement claim on which they di

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United States of America v. Vicki Chilton Mullen and Gregory Daniel Mullen

ROANOKE, VIRGINIA – A Roanoke woman, who fraudulently used her employer’s DEA Registration Number to illegally prescribe controlled prescription drugs to her son, daughter-in-law, and others, pled guilty this morning in the United States District Court for the Western District of Virginia in Roanoke.

Vicki Chilton Mullen, 63, of Roanoke, Va. and her son, Gregory Daniel Mullen, 39, of

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The People v. Lisa Sedillo

Defendant Lisa Sedillo appeals her March 2013 conviction of one count of second degree murder (Pen. Code, § 187, subd. (a)),1 five counts of attempted murder (§§ 664, 187, subd. (a)), and one count of shooting at an inhabited dwelling (§ 246). The convictions arise out of a gang-related shooting on December 1, 1992 that occurred outside a home in Long Beach. Francisco Moreno, the actual shoote

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Ram's Gate Winery, LLC v. Joseph G. Roche

Appellant Ram’s Gate Winery, LLC (Ram’s Gate) bought a property in Sonoma County from respondents Joseph G. and Genevieve Roche (the Roches) upon which it intended to build a new winery. The sellers had agreed in the “Purchase and Sale Agreement” (Purchase Agreement) to disclose facts having a “material effect on the value of the ownership or use of the Property,” including geological

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United States of America v. Daniel E. Carpenter

We opine for the third time on the United States' prosecution of Daniel Carpenter for mail and
wire fraud in connection with his mishandling of client escrow
funds. In 2007, we affirmed a district court order setting aside
a jury verdict of guilty in favor of a new trial. United States v.
Carpenter, 494 F.3d 13 (1st Cir. 2007). In 2013, after a second
jury also found Carpenter

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United States of America v. 15 Defendants

Jackson, Tenn. –Edward L. Stanton III, United States Attorney for the Western District of Tennessee announced today the unsealing of an indictment charging 15 suspects with federal drug trafficking violations. The suspects were arrested early today during a round-up conducted by federal (the DEA and U.S. Marshals Service), state (Tennessee Bureau of Investigation, 25th Judicial District Drug Tas

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Monica Cecilia Cook v. Department of Commerce, Division of Occupational and Professional Licensing and Board of Nursing

¶1 Monica Cecilia Cook challenges the Department of Commerce’s decision to revoke her Advanced Practice Registered Nurse (APRN) license, revoke her license to prescribe and administer controlled substances, and fine her $5,000 for unprofessional conduct. We approve the decision as to the unprofessional-conduct determination and the fine, but we set aside the Department’s revocation of her lic

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Charles Lytle v. Julie Lytle

Charles Lytle appeals from the district court’s order on intermediate appeal, affirming the magistrate’s denial of his motion for relief from judgment pursuant to Idaho Rule of Civil Procedure 60(b)(4). For the reasons set forth below, we affirm.
I.
FACTS AND PROCEDURE
On October 1, 1991, Charles Lytle filed for divorce from Julie Lytle. During the original divorce proceedings, Cha

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