Misrepresentation Law
 
James Christian Warner v. State of Indiana

James Christian Warner (“Warner”) appeals from his conviction after a jury trial of attempted inmate fraud1 as a Class C felony, contending that there is insufficient evidence to support his conviction.

We affirm.

FACTS AND PROCEDURAL HISTORY

Warner wrote a letter to Ruby Dilk (“Ruby”) and a letter to Priscilla Young (“Priscilla”) from the Bartholomew County Jail w

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Ihsan Ali Bazzi v. Eric H. Holder, Jr.

Petitioner Ihsan Bazzi, a Lebanese national, seeks review of a Board of Immigration Appeals (BIA) decision dismissing his appeal of an immigration judge’s (IJ) order denying his application for adjustment of status and ordering his removal from the United States. Because the decision of the immigration judge is supported by substantial evidence, we deny Bazzi’s petition for review.

I

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Richard Burton v. Janice Klaus

Richard and Patricia Burton (“the Burtons”) appeal from the trial court’s judgment awarding attorney fees to Janice Klaus (“Klaus”). On appeal, the Burtons claim that the trial court’s judgment awarding attorney fees is invalid because the trial court lacked jurisdiction over the case when it entered its judgment. Because the Burtons did not preserve their challenge to the trial court

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United States of America v. Corey Golson

This appeal stems from the controlled delivery of a parcel containing twenty pounds of marijuana (the “Parcel”) to the residence of Defendant-Appellant Corey Golson (“Golson”), where upon acceptance, state and federal law enforcement agents conducted a search of Golson‟s home pursuant to an anticipatory search warrant (the “Anticipatory Warrant”) issued by Pennsylvania Magisterial Di

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United States v. Giovani Crisolis-Gonzalez

Giovani Crisolis-Gonzalez was convicted of possession with intent to distribute and conspiracy to distribute 50 grams or more of methamphetamine, in violation of 21 U.S.C. §§ 841 and 846, and illegal reentry of an alien in violation of 8 U.S.C. § 1326(a). Crisolis-Gonzalez appeals the district court’s1 denial of his motion to suppress evidence obtained and statements elicited while the agents

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Charles Albert Warner v. Albert Heber Warner, Jr.

¶1 This appeal arises from litigation that has been ongoing for more than fifteen years over a family trust. The Defendants Albert “Skip” Heber Warner Jr. (Skip), Vernon S. Warner, and Valeen W. Peterson (collectively, the Trustees) appeal from the district court’s order that certain trust property be removed from the trust. They also challenge the court’s decision to require the Trustees

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Preben Olesen v. General Electrict Capital Corporation

Preben Olesen ["Olesen"] appeals a partial final judgment entered against him and in favor of General Electric Capital Corporation ["GECC"], in which the trial court dismissed all claims against GECC for failure to state a cause of action and denied Olesen's ore tenus motion to amend his Second Amended Complaint.

On November 25, 2009, Olesen filed a complaint against Lowndes, Drosdick, Dost

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United States of America C. Ray Nagin

Count: 1

18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES

Count: 17 Citation: 18:1956-4999.F Offense Level: 4

18:1956(h) - MONEY LAUNDERING CONSPIRACY

Count: 18-21 Citation: 26:7206A.F Offense Level: 4

26:7206(1) - FILING FALSE TAX RETURN

Count: 2-7 Citation: 18:666A.F Offense Level: 4

18:666(a)(1)(B

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HSBC Realty Credit Corporation (USA) v. J.Brian O'Neill

Today's case — a diversity suit governed, the parties agree, by Massachusetts substantive law — arises from the efforts of plaintiff HSBC Realty Credit Corporation (USA) to recover $8.1 million from defendant J. Brian O'Neill under a guaranty. A district judge struck O'Neill's defenses, dismissed his counterclaims, denied him leave to replead, and granted HSBC judgment on the pleadings. O'Neil

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Stephen Manley v. Invesco, et al.

Plaintiff-Appellant, Stephen Manley, sued Defendants-Appellees, alleging discrimination based on race, color, and gender in violation of Title VII of the Civil Rights Act of 1974, the Civil Rights Act of 1991, and Section 605 of the Fair Credit Reporting Act. The district court granted Defendants’ motions for summary judgment and dismissed Manley’s claims. We AFFIRM.

Case: 13-20209 Do

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John Coleman v. Medtronic, Inc.

Plaintiff and appellant John Coleman sued defendants and respondents Medtronic, Inc., and Medtronic Sofamor Danek USA, Inc. (collectively, Medtronic), alleging he suffered painful complications after a spinal surgery in which Infuse, Medtronic’s federally-approved bone fusion medical device, was used in an “off-label” manner. Coleman’s seven causes of action are generally based upon allega

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Benjamin Berger v. Home Depot USA, Inc.

Benjamin Berger appeals from the stipulated dismissal with prejudice of his putative class-action claims against Home Depot. He alleges that Home Depot automatically imposed a ten percent surcharge for a damage waiver on tool rentals in its California stores, and although that fee was to be optional, Home Depot’s failure to inform customers of their ability to decline the surcharge was a violati

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Lisa St. Mary v. Thomas Schellenberg

Petitioner Lisa St. Mary (St. Mary) brought an action below for damages, alleging fraud and other claims arising out of an investment of $475,000. She sued, among others, Thomas Schellenberg and his wife, Katherine Mills. (Schellenberg and Mills are sometimes referred to herein collectively as real parties in interest, or real parties.) Schellenberg and Mills each propounded requests for admission

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Birim M. Blevins v. American Family Mutual Insurance Company and Janey Foust

Biri M. Blevins, Charles W. Jones, and John Busey (collectively “Plaintiffs”) appeal the judgment of the trial court dismissing their claims against Janey Foust for negligent failure to procure insurance and negligent misrepresentation and granting summary judgment in favor of American Family Mutual Insurance Co. (“American Family”) on their claim for equitable garnishment. We reverse and

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Arthur L. Drager v. Pliva USA, Inc.

Appellant Arthur Drager, as personal representative of the estate of Shirley Gross, seeks reversal of the district court’s denial of Gross’s request to amend her complaint and its dismissal of her state common law tort claims against appellee PLIVA USA, Inc. for injuries sustained as a result of her use of a drug it manufactured. Drager contends on appeal that the proposed amendments were not

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Thi of New Mexico at Hobbs Center, LLC v. Lillie Mae Patton

Under New Mexico law a compulsory-arbitration provision in a contract may be unconscionable, and therefore unenforceable, if it applies only, or primarily, to claims that just one party to the contract is likely to bring. The question before us is whether the Federal Arbitration Act (FAA) preempts this state law for contracts governed by the FAA. We hold that New Mexico law is preempted in this ca

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Jeffrey Kremers v. James M. Dahl

In this contract-for-deed resort-property dispute, the sellers seek to cancel the contract after the buyers failed to make their final balloon payment, and the buyers seek a

 Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI, § 10.

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judgment for breach of contract by claiming that the sellers misrepresented the qualit

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Flynn Builders, L.C. v. Matthew P. Lande and Chris Lande

Homeowners, Matthew and Chris Lande, appeal the district court’s ruling, following a remand from the Iowa Supreme Court, which awarded $16,296.00 to their contactor, Flynn Builders, L.C. The Landes claim the district court failed to heed the opinion of the supreme court and issued an opinion in contravention to the supreme court’s decision. They also claim the district court incorrectly found

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Edward Nwokedi and 1002 Gemini Interests, LLC v. Unlimited Restoration Specialists, Inc.

Appellants Edward Nwokedi and 1002 Gemini Interests, LLC appeal a judgment entered against them in favor of appellee Unlimited Restoration Specialists, Inc., trading as Unlimited Restoration, Inc. (URI), a company that provided restoration services to Gemini’s property after it was damaged during

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Hurricane Ike. After Gemini refused to pay URI for its services, URI sued Nwoked

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State ex rel. Oklahoma Bar Association v. Tom J. Wilcox

¶1 Thomas Joseph Wilcox (hereinafter, Wilcox), OBA No. 10153, was admitted to practice law in the State of Oklahoma on April 22, 1983. Wilcox is currently suspended re: SCBD 5775 pursuant to Rule 7.3 of the Rules Governing Disciplinary Proceedings (RGDP), 5 O.S. Supp. 2007 Ch. 1, App. 1-A by order of this Court in State of Oklahoma Bar Ass'n v. Wilcox, 2011 OK 70, 261 P.3d 605. There are two pend

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Ronita McColley v. County of Rensselaer

The County of Rensselaer (“Rensselaer”) and Rensselaer County Drug &
Gang Task Force (“Task Force”) Investigator, Michael Riley (“Riley”), appeal
from a judgment of the United States District Court for the Northern District of

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New York (Lawrence Kahn, J.) denying summary judgment on their claims of
qualified immunity for purported violations of the Fourt

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Ronita McColley v. County of Rensselaer

The County of Rensselaer (“Rensselaer”) and Rensselaer County Drug &
Gang Task Force (“Task Force”) Investigator, Michael Riley (“Riley”), appeal
from a judgment of the United States District Court for the Northern District of

2

New York (Lawrence Kahn, J.) denying summary judgment on their claims of
qualified immunity for purported violations of the Fourt

More...   $0 (01-22-2014 - NY)

Janet Knutsen v. David M. Dion

¶ 1. DOOLEY, J. Plaintiff Janet Knutsen appeals the decision of the superior court denying her motion for summary judgment and granting defendant Vermont Association of Realtors, Inc.’s (VAR) motion for summary judgment on her consumer fraud claim arising out of her purchase of a home in Moretown. Plaintiff argues that VAR’s form purchase and sale agreement, which was used in h

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Beth Ann Miller v. Mylan, Inc.

Beth Ann Kelly died after receiving a fatal dose of fentanyl. Her estate subsequently brought this lawsuit alleging that the defendant’s fentanyl patch caused Kelly’s death. The defendant pleaded immunity under a Michigan statute that immunizes manufacturers of “drugs” from suit. The district court determined that the fentanyl patch was a “drug” and consequently granted the defendant

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Steven Smothers v. Solvay Chemicals, Inc.

Steven Smothers worked for Solvay Chemical, Inc. (“Solvay”) for 18 years until Solvay fired him, ostensibly because of a first-time safety violation and a dispute with a

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coworker. Mr. Smothers contends the company’s true motivations were retaliation for taking medical leave from work, in violation of the Family Medical Leave Act (“FMLA”), and discrimination on the basis

More...   $0 (01-21-2014 - WY)

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