Misrepresentation Law
 
Frontier Development Group, LLC v. Louis Caravella and Yellowstone Do It Center, LLC

This case arises from the breach of a residential construction agreement. Homeowners Louis and Patricia Caravella appeal from the district court’s judgment, following a court trial, dismissing their fraud counterclaim against respondents, Frontier Development Group, LLC (FDG) and Michael Horn, FDG’s owner/manager. The Caravellas also appeal from the district court’s decision that Horn was no

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Tulsa Eye Consultants, Inc. v. Terry Bush, O.D.

Tulsa Eye Consultants, Inc. v. Terry Bush, O.D.

1. Tulsa Eye Consultants, Inc. contracted with Terry Bush O.D. (Bush)cworj for the
corporation commencing September 2, 2008 and continuing until Bush resigned January 26,
2011 by submitting his oral resignation.
2. Bush submitted a letter February 14, 2011 memorializing his resignation.
3. Bush worked for Tulsa Eye Consultant

More...   $69527 (08-28-2014 - OK)

Keystone Chevrolet, Inc. d/b/a Keystone Chevrolet v. Tsurance Agency, Inc. d/b/a Tsurance Select Auto Dealer, LLC, et al.

Keystone Chevrolet, Inc. d/b/a Keystone Chevrolet v. Tsurance Agency, Inc. d/b/a Tsurance Select Auto Dealer, LLC, et al.

Issue # 1.
Issue: PROFESSIONAL NEGLIGENCE (PROFNEG)
Filed by: KEYSTONE CHEVROLET INC
Filed Date: 03/28/2008
Party Name: Disposition Information:

Defendant: WARD NORTH AMERICA LP
Disposed: DISMISSED - WITH PREJUDICE, 08/30/2010. Dismi

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William Parrish v. Latham & Watkins

In a prior litigation, FLIR Systems, Inc. and Indigo Systems Corporation (collectively, FLIR) brought suit against their former employees, William Parrish and E. Timothy Fitzgibbons (collectively, Former Employees) for, among other things, misappropriation of trade secrets (the underlying action). Former Employees were successful in defeating the underlying action. Moreover, they obtained a ruling

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Betty Douglas v. Fidelity National Insurance Company

In this insurance bad faith case, plaintiffs Betty and Jerry Douglas and defendant Fidelity National Insurance Company (Fidelity) appeal from the judgment after jury trial. Judgment was entered in favor of plaintiffs and against Fidelity in the amount of $807,058.10, plus interest and costs of suit. Plaintiffs appeal the trial court’s decision to strike the jury’s $1.9 million punitive damages

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The People v. Justin James Merriman

In 2001, a jury convicted defendant Justin James Merriman of the 1992 first degree murder of Katrina Montgomery (Pen. Code, § 187, subd. (a)),1 and found true the special circumstance allegations that the murder was committed while defendant was engaged in the commission of rape and oral copulation (§ 190.2, subd. (a)(17)(C), (F)), and the allegation that defendant personally used a deadly weapo

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Luis A. Santiago and Linda A. Santiago v. Mackie Wolf Zientz & Mann, P.C.

Luis and Linda Santiago sued several entities involved in their home equity loan and the law firm of Mackie Wolf Zientz and Mann, P.C. (Mackie Wolf). After the trial court granted summary judgment in favor of Mackie Wolf on all of the Santiago’s claims, the trial court granted Mackie Wolf’s motion to sever. In two issues, appellants contend the trial court erred in granting Mackie Wolf’s mot

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Jordan & Jennifer Dontos v. 24Seven ( USA) Linited, et al

Appellants Jordan and Jennifer Dontos appeal a summary judgment in favor of appellee Banco Popular North America. In a single point of error, appellants contend the trial court erred in granting summary judgment because material fact issues exist. For the following reasons, we affirm the trial court’s judgment.
Crave, LLC, as franchisee, entered into a vending machine franchise agreement wit

More...   $0 (08-21-2014 - TX)

Kristen Kocurek, M.D., and Texas MedClinic v. Anthony D. Colby

Appellants Kristen Kocurek, M.D., and Texas MedClinic appeal from the trial court’s
denial of their motion to dismiss appellee Anthony D. Colby’s1 suit for medical malpractice based
on Colby’s alleged failure to provide an adequate expert report as required by chapter 74 of the
Texas Civil Practice and Remedies Code. See Tex. Civ. Prac. & Rem. Code § 74.351. We will
reverse

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Thomas O. Bennett, Jr., James B. Bonham Corporation, and Wayne H. Paris v. Randy Reynolds, Larry Grant and Richard T. Miller

Thomas O. Bennett, Jr. and the James B. Bonham Corporation appeal a final takenothing
summary judgment on claims they had asserted against Randy Reynolds, Larry Grant,
and Richard T. (Dick) Miller. The judgment also imposed sanctions jointly and severally against
Bennett, Bonham, and their attorney in this proceeding, Wayne H. Paris, and all three of them
(collectively, and as appl

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Carolyn Calkins James v. Richard Stephen Calkins

Appellant Carolyn Calkins James and her brother, appellee Richard Stephen Calkins, have, for years, been embroiled in litigation in multiple courts regarding
2
the estate and guardianship of their mother, Mary Olive Calkins.
1 In the underlying suit, Richard, as agent-in-fact of Mary, and appellee Michael Easton, pro se,2 sued Carolyn and her lawyers, claiming that they were fraudulent

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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 arrested by Immigration and Customs Enforcement and
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

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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 as a luxury resort

More...   $0 (08-08-2014 - UT)

Maria Rebolledo v. Tilly's Inc.

Tilly’s Inc. and World of Jeans & Tops, Inc. (hereafter collectively referred to in the singular as Employer) appeal from the trial court’s order denying its motion to compel arbitration of Maria Rebolledo’s putative class action regarding statutory wage claims. We agree with the trial court’s conclusion the parties’ arbitration agreement expressly excluded statutory wage claims from the

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Arnulfo Alvarez v. BAC Home Loans Servicing, L.P.

Plaintiffs Arnulfo and Consuelo Alvarez and Enrique and Ofelia De Haro appeal from a judgment entered in favor of defendants BAC Home Loans Servicing, L.P., Bank of America, N.A., and ReconTrust Company, N.A. (collectively Bank of America) following the sustaining of defendants’ demurrer to plaintiffs’ second amended complaint (the complaint) without leave to amend.1 The complaint alleges, amo

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Christopher L. Gay and Steven L. Carroll v. The City of Wichita Falls, Texas

Christopher L. Gay and Steven L. Carroll challenge the trial court’s order granting the City of Wichita Falls’ plea to the jurisdiction based on governmental immunity. The underlying controversy arises from the denial of Gay’s and Carroll’s claims for long-term disability benefits under insurance provided to them by their former employer, the City of Wichita Falls. Because we conclude that

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Steven Hoffman v. 162 North Wolfe, LLC

This case involves a dispute between the owners of adjacent commercial property located in Sunnyvale at 170 North Wolfe Road (170 Wolfe, or 170 Wolfe property) and 162 North Wolfe Road (162 Wolfe, or 162 Wolfe property). In March 2010, appellants Steven Hoffman (Hoffman) and Swee Lin Hoffman (collectively, the Hoffmans), purchased the 170 Wolfe property. After close of escrow, the owner of the 162

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Songhe Zhang v. Kirsten Zhang

Appellant Songhe Zhang appeals from the trial court’s decree of annulment of his marriage to appellee Kirsten Zhang. Appellant contends that there was insufficient evidence to support a finding of fraud and requests that this Court reverse and remand the case to the trial court. We affirm.
BACKGROUND
Appellant and appellee began dating in October 2006 and had a daughter together in April

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Ameripath, Inc. and DFW 5.01(a) Corporation v. Steven Hebert M.D.

AmeriPath, Inc. (“AmeriPath”) and DFW 5.01(a) Corporation (“DFW”) appeal the trial court’s judgment, which finalized a series of summary judgments and separate legal rulings, and which awarded attorney’s fees to appellee Steven Hebert. In four issues, appellants contend the trial court erred by (1) denying their motion to confirm an arbitration award, (2) granting summary judgment on a

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Jim C. Graham v. City of Duncan, Oklahoma

¶1 Jim C. Graham instituted this action January 9, 1957, against the City of Duncan to collect damages for the alleged destruction of a broomcorn crop of the value of $5,274.25. The parties will be referred to as Graham and City.

¶2 In his petition Graham alleged he had leased land in Stephens County, Oklahoma, from his father, the then owner of the land, for the year 1956 and had plant

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Bridget A. Fee v. F&M Bank & Trust Company

Bridget A. Fee, Estate of Thomas Lathrop Fee, Christopher Camp, thomas L. Fee Trust, Eileen L. Fee Family Trust A and C, thomas L. and Catherine A. Fee Family Trust, Tomcat Irrevocable Trust v. F&M Bank & Trust Company, Bill Koehler, Bruce Jones

Issue # 1.
Issue: FRAUD (FRAUD)
Filed by: FEE, BRIDGET A
Filed Date: 09/04/2012
Party Name: Disposition Information:

More...   $1 (07-18-2014 - OK)

EOR Domestic, LLC v. David Shroff, Avondale Operating Co. and Excalibur XYZ, Inc.

EOR Domestic, LLC v. David Shroff, Avondale Operating Co. and Excalibur XYZ, Inc.

Issue # 1.
Issue: INJUNCTION / RESTRAINING ORDER (INJUNCT)
Filed by: EOR DOMESTIC LLC
Filed Date: 03/31/2011
Party Name: Disposition Information:

Defendant: AVONDALE OPERATING CO
Disposed: DISMISSED - WITH PREJUDICE, 07/18/2014. Dismissed- Settled.

Defendant: EXC

More...   $1 (07-18-2014 - OK)

Sebastian Lombardo v. Shouvik Bhattacharyya

In this interlocutory appeal, Sebastian Lombardo appeals the trial court’s order denying his special appearance, concluding the trial court had specific jurisdiction over Lombardo, in an action brought by Shouvik Bhattacharyya, alleging Lombardo is liable for intentional infliction of emotional distress, defamation, fraud, fraudulent inducement, and negligent misrepresentation. In five issues, L

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The Estate of B.I.C. v. Linda Gillen

Brooklyn Coons (called “Brook” by her estate) died from being shaken and possibly struck on the head while in the care of her father’s girlfriend. Her estate, the remaining plaintiff in this case, alleges that Defendant Linda Gillen, a social worker, knew that Brook was in danger and subject to abuse but did not respond to reports of the abuse, increasing Brook’s vulnerability to danger. T

More...   $0 (07-31-2014 - KS)

Samvel Topchian v. JPMorgan Chase Bank, N.A.

Samvel G. Topchian appeals from the district court’s dismissal of his amended
complaint against JPMorgan Chase Bank (Chase). Because we hold that Topchian
has stated a claim for breach of contract, we affirm in part, reverse in part, and
remand for further proceedings.
I. Background
We recount the facts as described in the amended complaint and in the
permanent loan modif

More...   $0 (07-28-2014 - MO)

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