Misrepresentation Law
 
Kisano Trade & Invest Limited v. Dev Lemster

In June of 2011, Kisano Trade & Invest Limited (“Kisano”) and Trasteco Ltd. (“Trasteco”), two companies owned by Vadim Shulman, filed suit in the U.S. District Court for the Western District of Pennsylvania against Dev Lemster and his company, Steel Equipment Corp. The complaint alleged violations of the Racketeer Influenced Corrupt Organizations Act (“RICO”), intentional interference

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Tamara Frizzell v. Barbara Murray

Respondent Tamara Frizzell received a $100,000 loan from petitioner Barbara Murray, secured by a deed of trust on Frizzell's home. Frizzell defaulted and a nonjudicial foreclosure sale was set. Before the sale, Frizzell filed an action against Barbara and her husband Gregory Murray, alleging several claims, as well as a motion for an order to enjoin the sale. A judge stayed the sale, conditioned u

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Donna Burgdorf v. Brian K. Weston

2 This civil case arises out of an ownership dispute concerning a piece of real
3 property, which plaintiff and defendant each assert that they own, and exchanges of
4 money between the parties. Plaintiff appeals from a limited judgment entered by the trial
5 court after the court granted defendant's motion for summary judgment on plaintiff's
6 claims for declaratory relief, fraud,

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Davis R. Conway v. Citimortgaqe, Inc.

Davis Conway and Sheri Conway (“the Conways”) appeal from the judgment of the trial court that granted the joint motion of CitiMortgage, Inc. and the Federal National Mortgage Association (“Fannie Mae”) to dismiss the Conways’ First Amended Petition. Finding no error, we affirm.

In 2007 the Conways purchased real property located at 4156 Hueffmeier Road (“Hueffmeier Property

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Linda Adams v. MHC Colony Park Limited Partnership

More than 70 residents of a 186-space mobilehome park sued the owner for failing to properly maintain the park’s physical improvements and common facilities, including the park’s sewer system, water pressure, electrical system, and matters related to security such * Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception o

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Craig Toll v. Chris Korge

Craig Toll (“Toll”) appeals from a final Order Granting Renewed Motion for Default and a Final Default Judgment entered against him on the basis of discovery

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violations. For the reasons that follow, we vacate the Final Default Judgment and remand for an evidentiary hearing.

FACTS AND BACKGROUND

Chris Korge, the plaintiff below, filed an eight-count complaint again

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Flutobo, Inc. d/b/a Keller Williams Realty Northeast v. Shawn Holloway and Stephanie Holloway

In this case we examine a real estate company’s liability to buyers in the context of the sale of a home owned by one of the company’s salespersons in a transaction in which the company was both the buyer’s agent and the seller’s agent.

After the sale, the buyers of the home discovered termite damage and sued the termite inspector, the seller, the real estate company, and the real

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Felicita Del Carmen Canas as Next Friend of Yenifer Estefani Canas Escobar, Javier Enrique Canas Escobar and Beatriz Abigail Del Carmen Canas, Minors v. CenterPoint Energy Resources Corp

This is an appeal from a summary judgment in a wrongful-death action in which the decedent’s children asserted claims against a natural gas provider based upon negligence, negligence per se, strict liability, gross negligence, negligent misrepresentation, and intentional misrepresentation. The trial court dismissed all

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claims. On appeal, the three-member panel of this court is fr

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Hallmark Specialty Insurance Company & Unitrin County Mutual Insurance Company v. Manriquez Trucking

This is a declaratory judgment action. Appellants, Hallmark Specialty Insurance Company and Unitrin County Mutual Insurance Company, each issued an insurance policy to Appellee, Manriquez Trucking.1 Manriquez sought a declaration in the trial court that, under the terms of the insurance policies,

1The named insured on both policies was “A.S. Manriquez Trucking Inc.”

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Hall

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Gloria Strayhorn v. Wyeth Pharmaceuticals, Inc.

These seven consolidated cases are among the many that have been filed nationwide against the manufacturers of both the prescription drug Reglan and its generic equivalent, metoclopramide. The plaintiffs allege that they ingested generic metoclopramide and, as a result, developed a serious neurological disorder known as tardive dyskinesia. They filed suit against both the generic and brand-name ma

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Richard Bisbano, Sr. v. Strine Printing Co., Inc.

The practice of giving gifts as a means of securing favors is as old as the hills. In ancient Greece, for example, legend has it that Zeus asked Paris, a Trojan prince, to decide which of three goddesses was the fairest of them all. Paris chose Aphrodite, rejecting proffered bribes of kingly power from Hera and military might from Athena. But Aphrodite too had tendered a bribe, agreeing to help hi

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Wallace Roofing, Inc. and Royce Dean Wallace v. Linda Benson

Appellant Wallace Roofing, Inc. (Wallace Roofing) brought suit against appellee Linda Benson (Benson) for breach of contract alleging she had failed to pay money owed on a contract for roofing and home repairs. Benson brought counterclaims under the Texas Debt Collection Practices Act (TDCPA), a tie-in statute to the Deceptive Trade Practices Act (DTPA), alleging that Wallace Roofing’s unlawful

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Issiah Andra v. Left Gate Property Holdings, Inc.

Issiah Andra appeals the judgment of the trial court dismissing Andra’s claims against Left Gate Property Holding, Inc., d/b/a Texas Direct Auto (“Left Gate”) for lack of personal jurisdiction. We affirm.

I. BACKGROUND

In July 2011, Andra purchased a 2007 GMC Yukon XL Denali (“the vehicle”) which was offered for sale by Left Gate on the eBay website. Andra reviewed the info

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Christine Marais v. Chas Home Finance, LLC

Christine Marais appeals the dismissal of her claims under the Truth in Lending Act (TILA), 15 U.S.C. § 1601, et seq., and the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. § 2601, et seq., on Defendant Chase Home Finance

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No. 12-4248 Marais v. Chase Home Fin. Page 2

(Chase)’s motion for judgment on the pleadings. We AFFIRM the dismissal of the TILA claim and R

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William M. Daniels v. Warren E. Agin

Ruling on motions for summary judgment in a bankruptcy proceeding, the bankruptcy court made two determinations that are the primary subject of this appeal. First, the court ruled that the debtor failed to maintain his profit-sharing plan in substantial compliance with the applicable tax laws. This ruling meant that assets in the profit-sharing plan and two IRAs funded with plan assets were part

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Irma Moncada v. West Coast Quaqrtz Corp.

This case involves a dispute between former employees of a company and the company’s sole shareholders over a promised retirement bonus that was never paid.

Plaintiffs, Irma Moncada, Randy Morris and Everardo Serrano, worked for West Coast Quartz Corporation (West Coast). Defendants Paul Maloney and Nancy Tkalcevic were the owners and sole shareholders of West Coast. Defendants were prepa

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State of New Jersey v. E-Sports Entertainment

Acting Attorney General John J. Hoffman, the Division of Law and the Division of Consumer Affairs announced today that on-line video gaming company E-Sports Entertainment, LLC, has entered into a $1 million settlement that resolves allegations it infected thousands of personal computers with malicious software code enabling E-Sports to monitor what programs subscribers were running and illegally m

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Coast to Coast Power Sports, LLC v. Alterra American Insurance Company

Coast to Coast Power Sports, LLC, Power Sports of Deridder, LLC dba Motion Cyclesports of Deridder sued Alterra American Insurance Company, Robert C. Bates, LLC and Joey D. Dills claiming:

1. Coast to Coast is a limited liability company organized under the laws of the state of Oklahoma with its principal place of business at 1323 E. 7l Street, Suite 400, Tulsa, Oklahoma 74136.

2. Th

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Catherine L. Walstad v. Richard H. Walstad

[¶1] Catherine Walstad appeals from a district court memorandum opinion and order reaffirming its previous judgment requiring Richard Walstad to pay her $37,222.90 to equalize a property distribution after he intentionally concealed marital assets during the parties' 1994 divorce. Because we conclude the district court did not follow our mandate on remand, the district court's property distributi

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Lena Hamlin v. The Wilderville Cemetery Association

2 Plaintiff brought several claims against defendant, a nonprofit corporation
3 that operates Wilderville Cemetery, relating to defendant's burial of her late husband, and
4 now appeals the trial court's award of summary judgment to defendant. Plaintiff and her
5 husband, Donald (collectively, the Hamlins), had purchased a plot in defendant's
6 cemetery, and the lawsuit involves cl

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The Ohio Willow Wood Company v. Alps South, LLC

This suit was filed by The Ohio Willow Wood Company (“OWW”) against Alps South, LLC (“Alps”) for infringement of United States Patent No. 5,830,237 (the “’237 patent”). The United States District Court for the Southern District of Ohio granted summary judgment that: (1) OWW was collaterally estopped from challenging the invalidity of claims 1, 2, 4, 15, 16, and 20 of the ’237 paten

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Colie L. Davis v. United States

The Court of Federal Claims dismissed Mr. Colie Davis’s claims for retirement pay for lack of jurisdiction.

The Claims Court held the six-year statute of limitations had run for Mr. Davis’s claims. Davis v. United States, 108 Fed. Cl. 331 (2012). Because the Claims Court properly held that the limitations period had expired and that Mr. Davis’s claims were not continuing, this court a

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Gary D. House v. Huntington Ingalls, Inc.

Before the Court is the appeal of a denial of a 60(b)(3) motion for relief. Appellants argue that the court erred in applying the “mandate rule” to a dispositive question in the motion, and that the court abused its discretion in finding insufficient evidence to justify relief under 60(b)(3). Finding no error or abuse of discretion, we affirm.

* Pursuant to 5TH CIR. R. 47.5, the court h

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Kalen Lavender v. Craig General Hospital

¶1 Plaintiff Kalen Lavender appeals from a trial court order granting Defendant Craig General Hospital's motion to dismiss. This appeal proceeds according to Supreme Court Rule 1.36, 12 O.S.2011, ch. 15, app. 11, without appellate briefing. After review of the record on appeal, we reverse the trial court's order and remand this case for further proceedings.

FACTS AND PROCEDURAL BACKGROUND<

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In Re Marriage of: Anabella Gonzalez Muller aka Anabella Gonzalez v. Timothy Al Muller

¶1 Petitioner/Appellant Anabella Gonzalez Muller aka Anabella Gonzalez (Gonzalez) appeals the decision of the district court dismissing her Amended Petition for Annulment against Timothy Al Muller (Muller). We vacate the district court's dismissal of Gonzalez's claim for an annulment pursuant to 12 O.S. Supp. 2009 § 2009(B) and remand for trial on Gonzalez's annulment action.

BACKGROUND

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