Misrepresentation Law
 
Stephens & Stephens, XII, LLC v. Fireman's Fund Insurance Co.

Fireman’s Fund Insurance Co. issued an insurance policy covering loss from property damage, including rent, on a building owned by plaintiff Stephens & Stephens XII, LLC (Stephens XII). Three days after the policy became effective, Stephens XII discovered the property had sustained serious damage from burglars who stripped it of all electrical and other conductive materials. Stephens XII sought

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Lennar Homes of California, Inc. v. Stella Stephens

The agreements between Lennar and Stephens and between Lennar and the Youngs contain identical indemnity clauses. In this lawsuit, Lennar attempts to enforce those indemnity clauses, seeking to recover attorney fees and costs incurred in defending a class action lawsuit, brought initially by Stephens, and later joined by Timothy Young—but not Melissa Young—in the United States District Court f

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State of Utah v. Joshua Paul Chapman

¶1 Defendant Joshua Paul Chapman appeals his conviction for
securities fraud, a second degree felony. We affirm.
1. The Honorable Pamela T. Greenwood, Senior Judge, sat by
special assignment as authorized by law. See generally Utah R. Jud.
Admin. 11-201(6).
State v. Chapman
BACKGROUND
¶2 In 2005, Sterling Madsen, who had known Chapman and his
family for many years

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Janene Gourley v. Department of Workforce Services, Workforce Appeals Board

¶1 Claimant Janene Gourley seeks review of the Workforce
Appeals Board’s (the Board) decision that she had committed fraud
in the receipt of unemployment benefits and its order that she pay
a total of $3,216 for receiving an overpayment of benefits and as a
civil penalty. We decline to disturb the Board’s decision.
¶2 Gourley began receiving unemployment benefits on
N

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Ramiro Oseguera, Jr. v. State of Utah

¶ 1 Mr. Ramiro Oseguera-Garcia Jr. (Mr. Oseguera)1 was a lawful permanent resident of the United States when he pleaded guilty to felony theft in January 2002. In 2010, Mr. Oseguera was
1 The spelling of Mr. Oseguera‘s name appears in the record as both Ramiro Osegura-Garcia Jr. and Ramiro Oseguera-Garcia Jr. We use Ramiro Oseguera-Garcia Jr., as that name appears on his permanent resident

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Betty Keith v. Mountain Resorts Development, LLC

¶ 1 This case is about land in Park City, Utah—a little town
that has undergone many transformations. Mormon pioneers first
traveled through the area on their way to Salt Lake City. When
prospectors discovered silver in the hills, it became a mining
boomtown, then, when the price of silver fell, it was nearly
deserted as a ghost town—but industrious residents reinvented it

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Christina I. Petersen v. Bank of America

This appeal, after a successful demurrer for misjoinder, tests the limits of California’s permissive joinder statute, section 378 of the Code of Civil Procedure.1 There are no less than 965 plaintiffs listed in the caption of the third amended complaint. Strictly speaking, though, this is a “mass action,” not a “class action.” Had this case been filed prior to 2005, in all probability it

More...   $0 (12-11-2014 - CA)

J.P. v. Carlsbad Unified School District

A jury found defendant Carlsbad Unified School District (CUSD) liable for negligently supervising an elementary school teacher, Raymond Firth, who sexually molested plaintiffs J. P. and E. B. (together, the minors). The jury awarded the minors
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economic and non-economic damages. After entering judgment on the jury's verdict, the trial court denied CUSD's motions for judgment notwithstandi

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Emmanuel Ellul v. Congregation of Christian Brothers, Order of the Sisters of Mercy, Catholic Religious Order

In Kiobel v. Royal Dutch Petroleum Co., 133 S. Ct. 1659 (2013), the Supreme
Court held that, with very limited exceptions, the Alien Tort Statute, 28 U.S.C. §
1350 (“ATS”), does not apply extraterritorially to conduct that occurs outside the
United States. 133 S. Ct. at 1665. The actions that form the basis of this case
occurred far from the United States and many decades ago.

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Ronald Fagg v. Csk Auto, Inc.

Over the course of several decades, Ronald Fagg was
exposed to various asbestos-containing products at work sites, during personal
automotive repairs, during time vacationing and living in the Libby, Montana area. He
was later diagnosed with asbestosis and asbestos related pleural disease. In this action,
he seeks damages from a number of seller and manufacturer defendants, who he<

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United States of America v. Manuel Trinidad-Acosta

Defendants-Appellants Manuel
Trinidad-Acosta ("Trinidad") and Ed Cogswell ("Cogswell") were
convicted for their involvement in a conspiracy to distribute
cocaine base (or "crack cocaine"). They appeal their convictions
and sentences, citing a number of alleged trial and sentencing
errors. We have reviewed their claims carefully and do not find
merit in any of them. Accordin

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Karen Whitney v. R.J. Reynolds Tobacco Company and Phillip Morris USA, Inc.

In this non-Engle1 progeny tobacco case, Appellant appeals a directed verdict in favor of Appellees on her negligence and strict liability claims, the trial court’s denial of her request for a jury instruction addressing a claim of negligent misrepresentation, and the final judgment in favor of Appellees on the claim for failure to warn. As explained below, we reverse the directed verdict and af

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Kathryne Vause v. Liberty Insurance Corporation

This is an appeal from a summary judgment rendered in favor of appellees, Liberty Insurance Corp. and Justin A. Smith. In the underlying lawsuit, appellant, Kathryn Vause, sued appellees for violations of the Texas Insurance Code, violations of the Texas Labor Code, and for violations of the Texas Civil Practice and Remedies Code (“the DTPA”) arising from appellees’ denial of appellant’s c

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The State of Texas v. Valerie Saxion, Inc.

In two issues in this accelerated interlocutory appeal, Appellants the State of Texas and Greg Abbott, in his official capacity as Attorney General of the State of Texas (collectively, the State) argue that the trial court erred by denying their
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plea to the jurisdiction on the Free Exercise and federal Religious Freedom Restoration Act (RFRA) claims of Appellees Valerie Saxion, Inc. and

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Regent Alliance, Ltd. v. Rouhollah Rabizadeh

Regent Alliance Ltd. (Regent) sued three purchasers of children’s clothing for conversion, alleging that the purchasers bought, from other defendants, clothing belonging to Regent that those other defendants had converted. The trial court granted the purchasers’ motions for summary judgment, and Regent appeals. We reverse.
BACKGROUND
Regent, a Hong Kong corporation that manufactures ch

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Stephens & Stephens XII, LLC v. Fireman's Fund Insurance Co.

Fireman’s Fund Insurance Co. issued an insurance policy covering loss from property damage, including rent, on a building owned by plaintiff Stephens & Stephens XII, LLC (Stephens XII). Three days after the policy became effective, Stephens XII discovered the property had sustained serious damage from burglars who stripped it of all electrical and other conductive materials. Stephens XII sought

More...   $0 (11-24-2014 - CA)

Chirstus Spohn Health System Corporation d/b/a Christus Spohn Hospital-Corpus Christie-Memorial

By one issue, appellant Christus Spohn Health System Corporation d/b/a Christus Spohn Hospital Corpus Christi–Memorial (hereinafter “Christus Memorial”) appeals the trial court’s denial of its plea to the jurisdiction related to a medical negligence lawsuit
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brought against it and others by appellee Angela Young. We reverse and render.
I. BACKGROUND
Young filed suit agains

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James Lermon v. Minyard Food Stores, Inc. and Rodney Lee

James Lermon sued Minyard Food Stores and Rodney Lee (collectively Minyard) for malicious prosecution, negligence, and gross negligence. A jury found in Lermon’s favor on all claims and awarded Lermon $830,000 in actual damages and $115,000 in punitive damages on his malicious prosecution claim and $175,000 in actual damages and $1 million in punitive damages on his negligence and gross negligen

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Insurance Alliance v. Lake Texoma Highport, LLC and Bowood Partners, Limited

After its marina on Lake Texoma was damaged in a flood, Lake Texoma Highport, LLC sued its insurance broker, Insurance Alliance, and a London broker, Bowood Partners, Limited, because the policy in place at the time of the flood was not the policy Highport had requested. A jury returned a verdict in Highport’s favor. The trial court’s judgment ordered that Highport recover damages and attorney

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Wing F. Chau v. Michael Lewis

Plaintiffs‐Appellants Wing F. Chau and Harding Advisory LLC appeal
from a March 29, 2013 judgment of the United States District Court for the
Southern District of New York (Daniels, J) dismissing their claims of libel against
Defendants‐Appellees author Michael Lewis, his source, Steven Eisman, and
Lewis’s publisher, W.W. Norton, for twenty‐six allegedly defamatory statemen

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Overstock.com, Inc. v. Goldman Sachs & Co.

Often, it is the federal courts, applying federal law, that wrestle with claims of cross-state securities fraud involving a nationally-listed stock. Here, plaintiffs of various states allege defendants, securities firms headquartered on the East Coast, violated California and New Jersey law through their involvement in massive naked short selling of Overstock shares. The trial court sustained demu

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Jorge Guevara, M.D. v. Mark Lackner and Robert E. Lackner

Appellant Jorge Guevara M.D. appeals the trial court’s no-evidence summary judgment granted in favor of appellees Mark Lackner and Robert E. Lackner on Dr. Guevara’s claims of fraud, breach of fiduciary duty, and conspiracy. By three issues, Dr. Guevara contends that the trial court erred in concluding that his evidence presented in response to the Lackners’ motion for no-evidence summary ju

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United Food and Commercial Workers Union Local 880 v. Chesapeake Energy Corporation

In 2008 Chesapeake Energy Corporation was one of the largest producers of
natural gas in the United States, with thousands of wells in several states. By early July
of that year the price of natural gas had risen to its highest level since the end of 2005 and
Chesapeake’s stock price had risen about 50% in the prior six months. Against that
background, on July 9, 2008, Chesapeake

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John Niemi v. Erwin Lasshofer

John Niemi, Robert Naegele, III, and Jesper Parnevik (“Plaintiffs” or “Appellees”)
claim that Erwin Lasshofer and three companies affiliated with him (the “Lasshofer
Defendants” or “Appellants”), along with other co-conspirators, perpetrated a fraudulent
financing scheme that caused the collapse of Plaintiffs’ large-scale real estate
development project in Brecken

More...   $0 (11-04-2014 - CO)

Gorsuch, Ltd. v. Wells Fargo National Bank Association

In 2008, Wells Fargo extended a $14 million line of credit to Gorsuch, Ltd., a ski
equipment, apparel, and home furnishing company. In 2009, when Gorsuch, Ltd.’s
winter sales were lower than expected, Wells Fargo suspended the line of credit.
Gorsuch, Ltd. and the Gorsuch Entities—Gorsuch, Ltd., B.C.; Gorsuch, Limited at
Aspen; Gorsuch, Limited at Keystone Mountain; and Gorsuch

More...   $0 (11-04-2014 - CO)

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