Misrepresentation Law
 
David F. Widner v. Enerlex, Inc.

¶1 David F. Widner and Norma Jean Widner Clements (plaintiffs) sued Enerlex, Inc. (defendant) seeking rescission of mineral deeds and tort damages. The issues presented are 1) whether, under the facts and circumstances in this case, the defendant owed the plaintiffs a duty to disclose the pooling order, the production, and the accrued mineral proceeds when it made an unsolicited offer to purchase

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Lori Jo Vincent v. The Money Store

This case requires us to determine if the consumer protections of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq., and the Truth in Lending Act (“TILA”), 15 U.S.C. § 1601 et seq., apply to a mortgage lender that has purchased mortgages initially payable to other lenders and, after the homeowners defaulted on their mortgages, hired a law firm to send allegedly d

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Donna Schlaikjer v. James D. Kaplan, M.D.

Plaintiff Donna Schlaikjer seeks reversal of the Court of Appeals' decision affirming summary judgment in favor of defendant James D. Kaplan, M.D. Schlaikjer sued Kaplan for medical malpractice arising out of surgeries to treat her

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tracheal stenosis. Kaplan filed a successful motion in limine to prevent Schlaikjer's subsequent treating physician and designated expert, Joel Cooper,

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Thomas P. Campbell v. Tammie J. Hein

[¶1] Thomas Campbell (Husband) and Tammie Hein (Wife) were divorced in 2008 pursuant to a stipulated Property Settlement, Child Custody, Child Support Agreement. In 2010, Husband petitioned to reopen the Decree of Divorce, alleging that Wife had misrepresented material facts related to the parties’ division of debt. The district court denied Husband’s petition, and Husband appeals. We affirm.

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Mark A. Arzola v. ACM Properties LP; BAC Home Loans Servicing LP, f/k/a Countrywide Home Loans Servicing LP; and Mortgage Electronic

This is an appeal from a trial court’s orders granting both traditional and no evidence summary judgment in favor appellees ACM Properties, LP (“ACM”), BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP (“BAC”), and Mortgage Electronic Registration Systems, Inc. (“MERS”). On appeal, appellant Mark A. Arzola challenges the granting of the summary judgments. We affi

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D.R. Horton - Texas, Ltd. and DRHI, Inc. v. Savannah Properties Associates, L.P.

Appellants D.R. Horton – Texas, Ltd. (D.R. Horton) and DRHI, Inc. (DRHI) appeal a summary judgment in favor of Appellee Savannah Properties Associates, L.P. (Savannah). In three sub-issues, D.R. Horton and DRHI contend the trial court erred by not granting their motion for continuance of the submission date of Savannah’s summary judgment motions, by granting

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Savannah’s motion

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Randy Cohen v. American Security Insurance Company

Home-mortgage lenders often require the borrower to maintain hazard insurance on the mortgaged

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property to protect the lender’s interest in the collateral. If the borrower fails to keep the property insured, the lender has the option to secure the insurance itself and pass the cost on to the borrower.

In this proposed class action, Martha Schilke alleges that W

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Reed Elsevier, Inc. v. Craig Crockett

Craig Crockett’s law firm signed an adhesion contract with LexisNexis that contained an arbitration clause. Eventually the parties had a billing dispute. The arbitration clause provided that any arbitration with respect to

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No. 12-3574 Elsevier, Inc. v. Crockett, et al. Page 2

LexisNexis’s charges must occur in the city where LexisNexis is located. That provision and othe

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Bjorn Myklatun v. Flotek Industries, Inc.

Plaintiff Bjorn Myklatun and his company, Plaintiff Oil Innovation, brought claims of tortious interference, fraud, and civil conspiracy against the four Defendants involved in this appeal: Chemical Equipment and Specialties, Inc. (CESI); its parent company, Flotek Industries; Flotek president Todd Sanner; and former Flotek CEO Jerry Dumas.1

The district court granted partial summary judgme

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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

1. Judge Roger S. Dutson granted the Defendants’ summary judgment motion and denied the Plaintiffs’ first two motions to amend. Judge W. Brent West denied the Plaintiffs’ third motion to amend, granted the relief requested by the Plaintiffs, and entered t

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Joshua N. Thomas v. Officers Tim Gavin, Chuck Tygart, Jess Bernhard and Adam Olson

While attending North Liberty Fun Days in 2007, the plaintiff alleges he was wrongfully assaulted and arrested by officers of the North Liberty Police Department and deputies of the Johnson County Sheriff’s Office. He filed suit against the City of North Liberty, Johnson County, and the officers and deputies involved. The district court dismissed his case, finding the defendants were entitled to

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Aruna G. Shah v. Intermountain Healthcare, Inc.

¶1 Aruna G. Shah and Ghanshyam B. Shah appeal the trial court’s denial of their motion for leave to amend their complaint against Intermountain Healthcare, Inc. (LDS Hospital), Dr. Kelly Myers, Dr. Thomas D. Bauman, Dr. George E. Thomsen, Dr. James Zebrack, and Dr. David S. Feuer (collectively, the Defendants). We affirm.

BACKGROUND

¶2 The Shahs were involved in an automobile acc

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Richard Lueras v. BAC Home Loans Servicing, L.P., et al.

Richard Lueras appeals from a judgment entered after the trial court sustained without leave to amend a demurrer to his verified first amended complaint (the First Amended Complaint). After the foreclosure sale of his home, Lueras sued Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP (Bank of America), ReconTrust Company, N.A. (ReconTrust), and Federal National Mortgage A

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Bobie Kenneth Townsend v. Barrett Daffin Frappier Turner & Engel, LLP, Shelley Luan Douglass, and Kelly Jimenez, Substitute Trustee

Bobie Kenneth Townsend filed an action in tort against the law firm that represented a lender, one of the law firm’s employees, and the substitute trustee who foreclosed on Townsend’s property. The trial court granted a summary judgment in favor of Barrett Daffin Frappier Turner & Engel, LLP (BDFTE), Shelley Luan Douglass, and Kelly Jimenez. Townsend brings fifteen issues in his appeal.

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Alvin Walker v. R.J. Reynolds Tobacco Company

We sua sponte vacate and reconsider our original opinion in this matter. We substitute the following opinion for our original opinion.

This appeal by R.J. Reynolds Tobacco Company of money judgments in favor of the survivors of two smokers requires us to decide whether a decision of the Supreme Court of Florida in an earlier class action is entitled to full faith and credit in federal cou

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Joe Houston v. Marod Supermarkets, Inc.

Plaintiff-Appellant Joe Houston, who is disabled, sued Defendant-Appellee Marod Supermarkets, Inc. (“Marod”) to compel Marod to bring one of its stores, the Presidente Supermarket, into compliance with the Americans with Disabilities Act (“ADA”). The district court determined that Plaintiff Houston lacked standing and dismissed his complaint for lack of subject matter jurisdiction. After r

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United States of America v. Erik Harakaly

Erik Harakaly pleaded guilty to conspiracy to possess with intent to distribute methamphetamine. After finding that Harakaly was responsible for a drug quantity that triggered a ten-year mandatory minimum sentence and that he was ineligible for safety-valve relief from that minimum, the district court sentenced him to ten years' imprisonment. Under the Supreme Court's subsequent decision in Alley

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Tulsa Specialty Hospital LLC DBA Kindred Hospital Tulsa v. Boilermakers National Health and Welfare Fund

Tulsa Specialty Hospital LLC DBA Kindred Hospital Tulsa sued Boilermakers National Health and Welfare Fund on a fraud theory claiming:

1. This action arises out of the Fund’s misrepresentations to Kindred Hospital regarding the availability of insurance coverage for one of Kindred Hospital’s patients.

2. In reliance on the Fund’s verification of coverage and pre-authorization o

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Donna Hopper, Individually and as Surviving Spouse and on behalf of the Estate of Robert Hopper, and as Guardian of Dylon Hopper and Fallon Hopper; Keegan Hopper; Justin Hopper; and Trevor Hopper v. Argonaut Insurance Company and Kimberly Barrett, Adjuster

Appellants Donna Hopper, individually, on behalf of the Estate of Robert Hopper, and as guardian of Dylon Hopper and Fallon Hopper; Keegan Hopper; Justin Hopper; and Trevor Hopper (collectively the Hoppers) sued appellees Argonaut Insurance Company and Kimberly Barrett, a workers’ compensation insurance carrier and claims adjuster, respectively, for falsely disputing and improperly delaying proc

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Dennis Michael Goggin v. Tammy Rae Goggin

¶1 This case arises out of prolonged and complicated divorce proceedings. Dennis Goggin (Dennis) and Tamara Goggin (Tammy) separated in 2005, ending a marriage that had lasted approximately ten years. The couple has spent nearly the same number of years litigating their divorce. Throughout the process, Dennis has engaged in a variety of contemptuous and obstructionist acts and has repeatedly viol

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Tom Watkins v. Henry Day Ford

¶1 On certiorari, we are asked to decide whether Henry Day Ford (Henry Day) and Tom Watkins abandoned Motor Vehicle Sales Contracts (Vehicle Contracts or Contracts) for the sale of two Ford GT40s; whether the Contracts contained a latent ambiguity regarding the identity of the vehicles to be sold; and, in the event that Henry Day breached the Contracts, whether Mr. Watkins adequately mitigated hi

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United States of America v. Countrywide, et al.

Preet Bharara, the United States Attorney for the Southern District of New York, Steve A. Linick, the Inspector General of the Federal Housing Finance Agency (“FHFA”), and Christy L. Romero, the Special Inspector General for the Troubled Asset Relief Program (“SIGTARP”), announced today that the United States has filed a civil mortgage fraud lawsuit against BANK OF AMERICA CORPORATION (“

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Carla Visendi v. Bank of America, N.A.

In this appeal, we address whether Defendants-Appellants (Defendants) properly removed a 137-plaintiff action from state court to federal court under the Class Action Fairness Act of 2005 (CAFA), Pub. L. No. 109-2, 119 Stat. 4 (2005). We also consider whether Plaintiffs-Appellees (Plaintiffs) are misjoined under Federal Rule of Civil Procedure 20(a). We answer both questions in the affirmative. Ac

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Dale M. Wallis v. PHL Associates, Inc.

Plaintiff Dale M. Wallis invented an antigen for a bovine mastitis vaccine as part of her duties as an employee of defendant PHL Associates, Inc. (PHL), more than 20 years ago. The vaccine was eventually sold to Upjohn, and this protracted litigation has featured the contest between Wallis and PHL over the benefits related to that sale. A jury concluded that PHL and Wallis agreed that Wallis would

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Mt. Holyoke Homes, L.P. v. Jeffer Mangels Butler & Mitchell, LLP

Mt. Holyoke Homes, L.P. (MHH), and Darla Jones (collectively Plaintiffs) challenge the granting of a motion to compel arbitration and the denial of their motion to vacate the arbitration award in a legal malpractice action against Jeffer Mangels Butler & Mitchell, LLP (JMBM) and John Bowman (Defendants). They contend (1) an arbitration provision in the parties‟ legal services agreement is unenfo

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