Misrepresentation Law
 
Jimmy H. Campbell and Janice K. Campbell v. Concept Builders, Inc.

Tulsa, OK - Jimmy H. Campbell and Janice K. Campbell sued Concept Builders, Inc. on breach of contract theories.

On or about March 17, 2007, Plaintiffs and Concept executed a Contract oT.a1e of Real Estate (“Contract”) for the purchase of a residence located at 1410 N. Old Noah Piace, Sand Springs, OK (“Property”). See Ex. “A”, Contract.
2. Tinder the Contract, Concept was

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Greg Rosolowski v. Guthy-Renker, L.L.C.

Plaintiffs and appellants Greg Rosolowski et al. (collectively, Plaintiffs)1 appeal a judgment of dismissal following an order sustaining a demurrer interposed by defendant and respondent Guthy-Renker LLC (Guthy) to Rosolowski’s first amended complaint without leave to amend.
The advent of electronic mail, or email, “has brought with it a flood of commercial advertising, some of it mislead

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Anthony Aulisio, Jr. v. Bill Bancroft

Anthony Aulisio, Jr., appeals from a jury verdict that found defendants, consisting of his homeowner association’s management company (Optimum Professional Property Management and Debra Kovach), the patrol service it employed (BLB Enterprises, Inc., dba Patrol One, and Bill Bancroft), and a towing company (PD Transport, dba Southside Towing, and John Vach), did not wrongfully tow and convert his

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Steve Harris v. Amgen, Inc., et al.

Plaintiffs, current and former employees of Amgen, Inc.
(“Amgen”) and its subsidiary Amgen Manufacturing, Limited
(“AML”), participated in two employer-sponsored pension
plans, the Amgen Retirement and Savings Plan (the “Amgen
Plan”) and the Retirement and Savings Plan for Amgen
Manufacturing, Limited (the “AML Plan”) (collectively, “the
Plans”). The Pla

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Jamie Booth v. CSAA Insurance Exchange

COMES NOW the Plaintiff, Jamie Booth, and (hereinafter ‘Plaintiff’), for her claims against Defendants, ACA Insurance Company cl/b/a AAA Fire and Casualty Insurance Company (hereinafter “AAA”), and AAA Oklahoma (“AAA OKLA”), Automobile Club of Oklahoma (hereinafter “ACO”), and Cindy Massey (hereinafter “MASSEY”) state as follows:
1. Plaintiff is a resident of Oklahoma City,

More...   $1 (11-30--0001 - OK)

Albert Ralph Velasquez, Associated Transportation Services, LLC, and P5 Management Group v. Lisa Ramirez

Albert Ralph Velasquez, Associated Transportation Services, LLC, and P5 Management Group appeal the trial court’s judgment awarding Lisa Ramirez damages and attorney’s fees based on the jury’s verdict that Velazquez committed fraud.
BACKGROUND
In May 2008, the City of San Antonio issued a request for proposals “for the provision of prompt, reliable and efficient towing services for

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Eileen Neer v. Timothy P. Hamilton, Jr. aka T.J. Hamilton, Clean Athlete, LLC, Timothy P. Hamilton and Gena C. Hamilton

1. Eileen Neer is an individual residing in Tulsa County, State of Oklahoma.
2. TJ Hamilton is an individual residing in Tulsa County, State of Oklahoma.
3. The Clean Athlete is a limited liability company organized under the laws of Oklahoma.
4. Gena Hamilton is an individual residing in Tulsa County, State of Oklahoma.
5. Timothy Hamilton is an individual residing in Tulsa County

More...   $134500 (09-04-2014 - OK)

Michele C. Tetreault v. Reliance Standard Life Insurance Company

The Employee Retirement Income
Security Act of 1974 (ERISA) governs employee benefit plans. 29
U.S.C. § 1001 et seq. Among other things, the statute permits
beneficiaries to go to court to challenge their plan's decision to
deny or cut off their benefits. Id. § 1132(a)(1)(B). Before
filing suit, however, beneficiaries must first use -- or, as it is
often put, "exhaust" --

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Jamshid Najah v. Scottsdale Insurance Company

Appellants Jamshid Najah and Mark Akhavain sold a commercial property, taking back as partial payment a promissory note secured by a second deed of trust. When the borrower fell into default and the holder of the first deed of trust commenced foreclosure proceedings, appellants purchased from the senior lender the promissory note secured by the first deed of trust and took assignment of that trust

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Manuel Holguin v. Dish Network, LLC

Defendants DISH Network LLC (DISH), AT&T Corporation (AT&T), and EchoStar Satellite LLC (EchoStar) appeal the judgment and two postjudgment orders in favor of plaintiffs Manuel and Deborah Holguin (the Holguins) following a jury trial on the Holguins' complaint for breach of contract, negligence, and other torts. DISH, AT&T, and EchoStar contend that the trial court erred by denying their motion f

More...   $0 (09-22-2014 - CA)

Manuel Holguin v. Dish Network, LLC

Defendants DISH Network LLC (DISH), AT&T Corporation (AT&T), and EchoStar Satellite LLC (EchoStar) appeal the judgment and two postjudgment orders in favor of plaintiffs Manuel and Deborah Holguin (the Holguins) following a jury trial on the Holguins' complaint for breach of contract, negligence, and other torts. DISH, AT&T, and EchoStar contend that the trial court erred by denying their motion f

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Hanh Nguyen v. Western Digital Corporation

In this case, we determine which statute of limitations applies to an action alleging pre-birth injuries due to exposure to hazardous materials or toxic substances that occurred more than 20 years ago. Plaintiff Hanh Nguyen (sometimes Plaintiff) contends that such claims are subject to the two-year limitations period in Code of Civil Procedure section 340.8 for actions “for injury or illness bas

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BP Automotive LP d/b/a Bossier Dodge v. RML Waxahachie Dodge, L.L.C.; RML Waxahachie Ford, L.L.C.; RLJ-McLarty-Landers Automotive Holdings, L.L.C.; and RML Waxahachie GMC, L.L.C.

appeal arises out of an asset purchase agreement contemplating the sale of a car dealership’s assets. After the sale failed to close, the dealership sued the prospective buyer, alleging breach of contract and several other causes of action. The trial court granted the prospective buyer’s no-evidence and traditional motions for summary judgment, and denied the dealership’s traditional motion

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The People v. Kenneth Mark Doolittle

Defendant Kenneth Mark Doolittle was sentenced to 13 years in prison after the trial court, sitting without a jury, found him guilty on three counts of theft by false pretenses (Pen. Code, § 532, subd. (a)), six counts of theft from an elder or dependent adult (Pen. Code, § 368, subd. (d)), nine counts of false statements or omissions in the sale of securities (Corp. Code, §§ 25401, 25540, sub

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Ingrid Van Zant v. Apple, Inc.

This case concerns a question of procedure that may arise when a plaintiff sues a manufacturer for marketing and selling allegedly defective smartphones: If the plaintiff claims internal defects in the smartphone are the sole cause of its failure to perform as advertised, is the network carrier for the smartphone a necessary party to the lawsuit? We conclude the network carrier is not a necessary

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GAIA Environmental, Inc. v. James B. Galbraith

Appellants Gaia Environmental, Inc. and AXL Industries, L.L.C. brought claims against appellees James B. Galbraith and McLeod, Alexander, Powel & Apffel, P.C. (“MAPA”) for tortious interference with a prospective business relationship, tortious interference with an existing contract, civil conspiracy, and aiding and abetting. Gaia and AXL alleged that attorney Galbraith and his firm
MAPA,

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Steven Frankoff v. Susan C. Norman

In this case involving the disbursement of attorneys’ fees from the settlement of a lawsuit, appellant Steven Frankoff contends the trial court erred in (1) granting summary judgment in favor of appellee Susan Norman, (2) denying Frankoff’s cross-motions for traditional and no-evidence summary judgment, (3) denying various motions and overruling numerous objections. We affirm.
Procedural H

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Jerry L. Starkey, TBDL, L.P., and PBW Development Corporation v. Glen Graves

When the relationship between the companies and individuals involved in a limited partnership broke down, the aggrieved limited partner sued the other partners and their owner, alleging that they breached successive partnership agreements and committed or conspired to commit statutory and common-law
fraud and breaches of the duties of loyalty and care. The plaintiff sought the same two categor

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Linda A. Copeland v. Robert E. Anderson

¶1 Does civil liability for the tort of perjury exist in this state? This is the foremost question which arises from the sustention of a demurrer to plaintiff's cause of action for perjury and pretrial deceit. A procedural problem concerning our jurisdiction to review will be preliminarily disposed of sua sponte. We hold that civil liability for the tort of perjury does lie in this state but that

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Rhonda Allen Nichols v. Pray, Walker, Jackson, Williamson & Marler

¶1 Rhonda Nichols worked as a file clerk for Pray, Walker, Jackman, Willliamson & Marler for twenty-three years before she was let go for economic reasons. Nichols claimed that when she subsequently looked for employment and potential employers would call to verify her past employment, that Pray, Walker did not accept or return the calls, or advised potential employers that nothing would be said.

More...   $0 (06-02-2006 - OK)

Conatzer v. American Mercury Ins. Co., Inc.

¶1 This is an appeal from an order overruling Plaintiffs' motion for class certification, and dismissing their multi-theoried fraud/consumer protection action for damages. The cause is submitted for accelerated review pursuant to Supreme Court Rule 1.36(a)(2), 12 O.S. Supp. 1999, ch. 15, app. 1. After a review of the record on appeal and applicable law, we affirm in part, reverse in part, and rem

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United States of America v. Timothy S. Durham

Timothy Durham, James Cochran, and
Rick Snow were convicted of perpetrating a widespread
financial fraud that caused more than $200 million in losses to
thousands of victims, many of them elderly or living on
modest incomes. After taking control of Fair Finance Company,
a previously well-established and respected business, the
trio quickly turned it into their personal pigg

More...   $0 (09-04-2014 - IN)

Billy J. Bringman v. New Albertsons, Inc.

Appellant Billy J. Bringman (Bringman) appeals the decision of the Idaho Industrial Commission (the Commission) in favor of Respondents New Albertsons, Inc. (Albertsons) and the Idaho Department of Labor (the Department). The Commission determined Bringman willfully made a false statement or failed to report a material fact regarding his separation from Albertsons to obtain unemployment benefits f

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Reed J. Taylor v. Richard A. Riley

This is a permissive appeal out of Ada County from an order denying the appellants’ motions for summary judgment. The central issue is whether an attorney who, as counsel for a corporation, issues an opinion letter stating that a stock redemption agreement does not violate the law can be held liable to the shareholder whose stock was redeemed if the opinion was incorrect and the redemption agree

More...   $0 (08-27-2014 - ID)

Ryan Conner, et al. v. Bryan F. Hodges, M.D.

Jami and Ryan Conner appeal the district court’s grant of summary judgment dismissing their claims for medical malpractice, breach of contract, and loss of consortium. The Conners allege that Jami unexpectedly became pregnant due to Dr. Bryan Hodges’ negligent performance of a bilateral tubal ligation. The district court concluded that the medical malpractice claim was barred by the two-year s

More...   $0 (08-22-2014 - id)

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