Misrepresentation Law
 
The United States for the Use and Benefit of MMS Construction & Paving, LLC v. Western Surety Company and Head, Inc.

MMS Construction & Paving, L.L.C. entered into a subcontract with Head, Inc. to pave asphalt runway shoulders at Altus Air Force Base in Oklahoma. The project was delayed and MMS, expressing concern that Head had not been making agreed payments, quit the job. MMS also complained that completing the job would be more expensive than it originally believed because certain requirements were being impo

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Jerome Stenehjem v. Sury A. Sareen

A SLAPP suit is one in which the plaintiff ―seeks to chill or punish a party‘s exercise of constitutional rights to free speech and to petition the government for redress of grievances. [Citation.]‖ (Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1055.)1 The California Legislature in 1992 enacted Code of Civil Procedure section 425.16—the anti-SLAPP statute—under which SLAPP suits may be dispo

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Gordon Westergren & Mark Sparks v. Johnnie Glenn Jennings, Jr.

In this appeal, we consider whether the trial court erred in imposing sanctions against appellant and his attorney pursuant to Chapter 10 of the Civil Practices and Remedies Code. We vacate the trial court’s order.

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BACKGROUND

The Real Estate Contracts

Sometime before April 2006, plaintiff, Gordon Westergren, conceived an idea to develop a rail-served warehouse devel

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Patricia Cantu v. Frye & Associates, P.L.L.C., Phyllis R. Frye, and Salvador Benavides

After the trial court resolved this case on cross-motions for summary judgment, appellant Patricia Cantu appealed the judgment entered in favor of the appellees, Frye & Associates, PLLC, Phyllis R. Frye, and Salvador Benavidez. In

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three issues, she argues that summary judgment should not have been granted as to her causes of action and that summary judgment should have been granted

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Packgen v. BP Exploration & Production, Inc. and BP America Production Company

In the aftermath of the Deepwater Horizon oil spill of 2010, Appellant Packgen, a manufacturer of packaging products, sought to sell oil containment boom to Appellees BP Exploration & Production, Inc. and BP America Production Company (collectively, "BP"). Despite months of negotiations, BP ultimately decided not to purchase any boom from Packgen. Packgen subsequently filed a five-count complaint

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JJJJ Walker, LLC; Dynafab USA, LLC; Renaissance Properties of Texas, LLC; Priya Properties, LLC; BD Texas, LLC; and KW Hospital Acquisition, LLC v. Eric Yollick

In this fraud case, the plaintiffs prevailed in their claims against a bank, the bank’s corporate agent, and the bank’s attorney, but the trial court granted judgment notwithstanding the verdict on the claim against the bank’s attorney on the ground that no evidence supported the liability finding. In arguments that we treat as cross-points, the attorney argues that the economic-loss rule an

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City Direct Motor Cars, Inc and Mahdi Mohammadaghaei v. Expo Motorcars, L.L.C.

City Direct Motor Car, Inc. and its president, Mahdi Mohammadaghaei (collectively, “City Direct”), appeal the trial court’s judgment in favor of Expo Motorcars, L.L.C. on Expo Motorcars’s claims for breach of implied warranty of title, negligent misrepresentation, and fraud. We affirm the trial court’s judgment.

BACKGROUND

Expo Motorcars agreed to purchase a 2008 Mercedes S

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Vista Quality Markets v. Jorge Lizalde

Vista Quality Markets (“Vista”) appeals the trial court’s order denying its motion to compel arbitration. We reverse and remand to the trial court with instructions to enter an order compelling arbitration.

FACTUAL AND PROCEDURAL BACKGROUND

Vista is engaged in the business of operating grocery stores in El Paso, Texas, and is a non-subscriber to workers’ compensation. In Febr

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Donald Davis v. American Casualty Co. of Reading PA

Appellant, Donald Davis, appeals the trial court’s order granting summary judgment in favor of appellee, American Casualty Co. of Reading, Pa. (ACC). We will affirm.

Factual and Procedural Background

Davis sustained an injury while in the course and scope of his employment. He filed a claim for benefits under his employer’s workers’ compensation insurance policy,

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In the Matter of the Marriage of Susan Elizabeth McMahen and Joe Dyke McMahen and In the Interest of Z.L.M., a Child

This case is about a division of property as a consequence of divorce and whether a gift to three people to avoid gift tax consequences was actually a gift to only one person. The total amount of the gift was $50,000, and it was made to Joe Dyke McMahen, his then-wife Susan, and one of their children, Jake McMahen. Susan’s parents, Carl and Nancy Samuelson, made the gift via three checks in 2003

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Houstoun, Woodard, Eason, Gentle, Tomforde and Anderson, Inc. d/b/a Insurance Alliance v. Escalante's Comida Fina, Inc

Escalante’s Comida Fina, Inc. sued its former insurance agent, Houstoun, Woodard, Eason, Gentle, Tomforde and Anderson, Inc., d/b/a Insurance Alliance for breach of contract and violations of the Deceptive Trade Practices Act2 and the Texas Insurance Code. The breach of contract claim was based on the failure to procure an insurance policy with coverages requested by Escalante’s, and the DTPA

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Larry Wilkins v. United States of America

In August of 2012, Massachusetts was rocked by the disclosure that Annie Dookhan, a chemist at a state testing laboratory, had falsely certified drug-test results. These revelations called into question a large number of federal and state drug convictions. This case is near the head of the parade: it marks the first time that this court has had the occasion to deal with the effect of Dookhan's sku

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Wayne Allen Schommer v. Communicate Now@, L.P. d/b/a Communication Solutions

¶1 In the underlying personal and/or private rights injury action against Defendant Communicate Now!, L.P., d/b/a Communication Solutions (Appellee), Plaintiffs Wayne Allen Schommer and Deborah Ann Schommer, husband and wife (collectively, the Schommers), appeal from a trial court judgment in their favor in accordance with Defendant's modified offers of judgment made pursuant to 12 O.S.Supp. 2002

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State ex rel. Oklahoma Bar Association v. Phillip W. Offill

¶1 This Court suspended Respondent from the practice of law on November 22, 2010. We based this action upon his conviction in the United States District Court for the Eastern District of Virginia on nine counts of wire fraud and a single count of conspiracy to commit securities registration violations, securities fraud and wire fraud. Case No. 1:09-cr-00134-LO-1 The United States District Court s

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Joseph Piccinini v. California Emergency Management Agency

Appellant Joseph Piccinini was offered and accepted employment as a deputy chief in the California Emergency Management Agency. The Friday night before he was to report for work, he was told not to come because the position for which he was hired had been eliminated. He incurred expenses in reliance on his appointment and sued for damages. The State’s demurrers to Piccinini’s complaints were s

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Ocean Carriers, Inc. and Mrs. Maria Pearcy, as Independent Executrix of the Estate of James O. Pearcy v. Team Ocean Services, Inc.

Ocean Carriers, Inc. (OCI) and Mrs. Maria Pearcy, as independent executrix of the estate of James O. Pearcy,1 appeal the trial court’s judgment awarding Team Ocean Services, Inc. (TOS) $252,300.00 in actual damages and $250,000.00 in exemplary damages for fraud. Appellants raise four issues on appeal. We affirm.

BACKGROUND

TOS and OCI are intermediaries in the ocean shipping busine

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Darrell Cannon v. Jon Burge, former Chicago Police Lieutenant

This appeal casts a harsh light on some of the darkest corners of life in Chicago. The plaintiff, at the time of the events giving rise to this suit, was a general in the El Rukn street gang, out on parole for a murder conviction, when he became embroiled in a second murder. Among the defendants are several disgraced police officers, including the infamous Jon Burge, a man whose name evokes shame

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Johnny Robertson v. Lee Lucas

Plaintiffs-appellants Johnny Robertson, Nolan Lovett, Arrico Spires, Charles Matthews, Marlon Brooks, and Tyron Brown appeal the district court’s grant of summary judgment to defendants-appellees Lee Lucas, Robert Cross, Thomas Verhiley, Jamaal Ansari, Chuck Metcalf, Matt Mayer, and Larry Faith, and the district court’s dismissal of appellants’ claims against Richland County and the City of

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Darwin Flores v. Intelligence Services of Texas, Inc. et al

This is an appeal from a summary judgment granted for appellees Intelligence Services of Texas, Inc., Ken Lybrand, and Steve Tapper, and against appellant Darwin Flores. In five issues, appellant argues (1) we should reverse the trial court’s grant of summary judgment on appellant’s negligence claim because appellees owed him a legal duty of care; (2) he was equitably entitled to attorneys’

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Farmers Group Insurance, Inc. d/b/a Farmers Group Insurance v. Tammy Poteet

This is the second appeal in a case involving a claim under a homeowner’s policy issued by Appellant Farmers Insurance Exchange, a Farmers Insurance Group entity (Farmers), to Appellee Tammy Poteet for damages allegedly caused by a November 2002 discharge of black smoke and soot from the central heating and air-conditioning system of a home she had recently purchased from

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Roger a

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Marvin B. Graham v. Bank of America, N.A.

Marvin B. Graham borrowed money to purchase a house in 2004. Approximately seven years later, he defaulted on his loan and received a notice of sale. Graham filed this action to halt foreclosure proceedings and to cancel the note. He contends the "defendants' Lending Personnel"1 made fraudulent misrepresentations or omissions by stating the appraised fair market value of his home in 2004 was "incr

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Jon Eric Jensen v. Monte Ray Owens

Jon Eric Jensen v. Monte Ray Owens

Issue # 1.
Issue: INDEBTEDNESS (INDEBT)
Filed by: JENSEN, JON ERIC
Filed Date: 02/03/2012
Party Name: Disposition Information:

Defendant: OWENS, MONTE RAY
Disposed: DISMISSED - SETTLED, 04/21/2014. Dismissed- Settled.

Issue # 2.
Issue: COUNTERCLAIM #1 - UNJUST ENRICHMENT (OTHER)
Filed by: OWENS, MONT

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Moon Sun v. Bruce W. Derrick

In this case, appellee Bruce W. Derrick brought suit against appellant Moon Sun (Casey) Kang, and appellants Kathleen (Katie) Lee and Sang Pil (Scott) Lee (the “Lees”) for breach of a commercial lease agreement (the “Lease”). Kang and the Lees brought assorted counterclaims and alleged various affirmative defenses. Derrick moved for no-evidence summary judgment as to Kang’s and the Lees

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Digital Music News, LLC v. Superior Court of Los Angeles County, Escape Media Group, LLC, Real Party in Interest

Escape Media Group (Escape) operates an Internet service called Grooveshark through which users may upload and retrieve digital music files. UMG Recordings, Inc. owns an extensive music catalog that includes songs by such artists as Buddy Holly, The Jackson 5, Marvin Gaye, and The Who. In 2010, UMG sued Escape in the Supreme Court of the State of New York, alleging Escape infringed on copyrights a

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United States of America v. Ross H. Mandell and Adam Harrington

Defendant-Appellants Ross Mandell and Adam Harrington appeal from judgments of conviction entered on May 7, 2012, in the United States District Court for the Southern District of New York (Paul A. Crotty, Judge), following a five-week jury trial. The jury found both Mandell and Harrington guilty of all four of the counts charged against them: (1) conspiracy to commit securities fraud, wire fraud,

More...   $0 (05-16-2014 - NY)

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