Misrepresentation Law
 
Maria Antonia Pulido v. Evangelina Esther Gutierrez Gonzalez

Maria Antonia Pulido appeals the trial court’s grant of summary judgment in favor of appellee Evangelina Esther Gutierrez Gonzalez in Pulido’s suit to set aside the warranty deed conveying her homestead to her caretaker, Gonzalez. We

2

reverse the trial court’s grant of summary judgment with respect to Pulido’s forgery allegation, cancellation of the notice of lis pendens, de

More...   $0 (08-29-2013 - TX)

Steven Kelley Richardson v. SV Almeda I Limited Partnership

Appellants Steven Kelly Richardson, Michelle Richardson, and Richard Day sued appellee SV Almeda I Limited Partnership, asserting various causes of action related to their alleged constructive eviction from an apartment. Almeda

2

counterclaimed for accelerated rent, repayment of rental concessions, and attorney’s fees. The trial court granted summary judgment in Almeda’s favor, r

More...   $0 (08-29-2013 - TX)

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 (“Insurance Alliance” or “Alliance”) alleging violations of the Deceptive Trade

2

Practices Act1 (DTPA) and the Texas Insurance Code by making misrepresentations and failing to disclose information concerning its policy and t

More...   $0 (08-29-2013 - TX)

Christus Health Gulf Coast v. Linda G. Carswell

Linda G. Carswell sued CHRISTUS Health Gulf Coast (as an entity, d/b/a CHRISTUS St. Catherine Hospital and formerly d/b/a CHRISTUS St. Joseph

2

Hospital) (“Christus”) for negligence after her husband, Jerry Carswell, died at CHRISTUS St. Catherine Hospital (“St. Catherine”) in January 2004. Carswell also asserted claims for post-mortem fraud, breach of fiduciary duty, and neg

More...   $0 (08-29-2013 - TX)

Siegel Development, LLC v. Peak Construction, LLC

¶ 1 The instant consolidated appeals concern a two-story four-unit building purchased by plaintiffs, Siegel Development, LLC, Gary Siegel, and Ross Siegel, for the purpose of converting the building into condominium units. Plaintiffs allege that they purchased the property in reliance on a promise from several of the defendants that defendant Peak Construction LLC would perform the renovations ne

More...   $0 (08-28-2013 - IL)

Susan Schrock v. Wyeth, Inc.

Susan and Steven Schrock filed suit against brand-name and generic manufacturers of the drug metoclopramide, alleging that Susan Schrock’s use of generic metoclopramide caused her to develop tardive dyskinesia, a neurological disorder characterized by involuntary body movements. The district court dismissed all claims in favor of the manufacturers in a series of orders. On appeal, the Schrocks c

More...   $0 (08-28-2013 - OK)

Fred Samson v. James Alexander Ghadially

Fred Samson sued an attorney, James Alexander Ghadially, after Ghadially declined to file a medical malpractice lawsuit against Samson‘s former surgeon. The trial court signed a summary judgment for Ghadially, and Samson appeals. We affirm.

2

BACKGROUND

Samson alleged in his first amended petition (the live pleading) that he met with Ghadially in 2008 about a potential

More...   $0 (08-20-2013 - TX)

United States of America v. Ramiro Avila

Ramiro Avila was charged with possession of a controlled substance with intent to distribute. After the district court denied Mr. Avila’s motion to suppress, Mr. Avila entered an unconditional guilty plea to the charge. Mr. Avila seeks to appeal the denial of his motion to suppress. We have jurisdiction pursuant to 28 U.S.C. § 1291. See United States v. De Vaughn, 694 F.3d 1141, 1158 (10th Cir.

More...   $0 (08-21-2013 - KS)

David Hildes v. Arthur Andersen, L.L.P.

David Hildes appeals from a district court order denying leave to amend his complaint. Hildes sought to add a claim under Section 11 of the Securities Act of 1933, 15 U.S.C. § 77k, against former outside directors of Peregrine Systems, Inc. (“Peregrine”). The district court concluded that

HILDES V. ARTHUR ANDERSEN LLP

amendment would be futile because the “negative causati

More...   $0 (08-20-2013 - CA)

Raymond Brackett v. Cable Motors, Inc. d/b/a Cable Volkwagen

Raymond Brackett and Sarah Brackett sued Cable Motors, Inc. d/b/a Cable Volkwagen on an auto negligence theory claiming:

1. That the Defendant, an Oklahoma Corporation, was at the time of the filing of this Petition, a resident of Oklahoma County with its principal place of business in Oklahoma County, and Plaintiffs were residents of Pace, Santa Rosa County, Florida;

2. That the

More...   $1 (08-15-2013 - OK)

Eric W Brauss, Christine Brauss, et al v. Nixdorf Parties

This case results from the downfall of a real estate empire built by W. Eric Brauss through a complex web of real estate limited partnerships involving hundreds of investors and creditors. When some of the investors began to realize the empire was crumbling, Brauss fired all the employees at his management company, Today Realty Advisors, Inc. (TRA), and left the country. Several lawsuits were file

More...   $0 (08-13-2013 - TX)

Marquis Acquisition, Inc. v. Steadfast Insurance Company and Julie Fry

Marquis Acquisitions, Inc. appeals from a summary judgment rendered in favor of Steadfast Insurance Company and Julie Fry on Marquis’s claims for breach of contract, violations of the Texas Insurance Code, breach of the duty of good faith and fair dealing, and “aiding and abetting.” In a single point of error, Marquis contends the trial court erred in granting the summary judgment because St

More...   $0 (08-14-2013 - TX)

Mid-Continent Casualty Company v. Robert E. Krolczyk

In this agreed interlocutory appeal, we must determine whether the insurer, Mid-Continent Casualty Company, owed its insured, Robert Krolczyk, a duty to defend in a suit involving damage to a road built by Krolczyk. Mid-Continent contends that it had no duty to defend because two exclusions in its commercial general liability policy barred insurance coverage. Because the allegations potentially su

More...   $0 (08-17-2013 - TX)

Joyce Hopes-Fontenot v. Farmers New World Life Insurance Company

Appellant Joyce Hopes-Fontenot sued appellee Farmers New World Life Insurance Company for failing to pay her a disability benefit of $50,000 under a life insurance policy she purchased for her daughter. Farmers filed a motion for summary judgment, arguing that the insurance policy did not provide for a $50,000 payment in the event that the purchaser of the policy becomes disabled and that the clai

More...   $0 (08-17-2013 - TX)

John Phillips v. Randy J. Harrington

John Phillips and Deborah Phillips sued Randy J. Harrington, Darren W. Lee, Charles McClain, Mid-American Bigfoot Research Center, Lost Horizon Computers and Doe No through Doe No. 100 on libel and slander theories claiming:

1. Plaintiffs are each residents of Broken Arrow, Tulsa County, Oklahoma.

2. Defendant Randy J. Harrington (“Harrington”) is a resident of Leavenworth County

More...   $1 (08-12-2013 - OK)

Debbie Bruer v. Sanodz, Inc.

Debbie Bruer sued Sanodz, Inc., Alza Corporation,Janssen Pharmaceutica Products, L.P., Janssen Pharmaceutica, Inc., Janssen, L.P., Johnson & Johnson, Inc., and Ortho-McNeil-Janssen Pharmaceuticals, Inc. on product liability theories claiming:

1. Plaintiff Debbie Bruer is an individual and citizen of the state of Oklahoma. Plaintiff Debbie Bruer is the Next of Kin of Jimmy Stuckey, decease

More...   $1 (08-15-2013 - OK)

American Eagle Title Insurance Company and Lawyers Title of Oklahoma City, Inc. v. John D. Cooper, Sr.

American Eagle Title Insurance Company and Lawyers Title of Oklahoma City, Inc. sued John D. Cooper, Sr. claiming:

1. AETIC is an Oklahoma corporation doing business in Oklahoma County, Oklahoma.

2. Lawyers Title is an Oklahoma corporation doing business in Oklahoma County, Oklahoma.

3. Cooper is the holder of a mortgage on real property located in Oklahoma County, Oklah

More...   $0 (07-12-2013 - OK)

Tamer Salameh v. Tarsadia Hotel

A transaction that looks nothing like a sale of stock and involving such diverse items as citrus groves and vacation homes may qualify as a sale of a security under federal law. See SEC v. W.J. Howey Co., 328 U.S. 293 (1946); Hocking v. Dubois, 885 F.2d 1449 (9th Cir. 1989) (en banc). Here, we must decide whether Plaintiffs-Appellants have alleged the sale of a security based on their purchase of

More...   $0 (08-13-2013 - CA)

Janat Nansamba v. North Shore Medical Center, Inc.

When litigation goes awry, lawyers sometimes scramble to find a scapegoat. So it is here: having conspicuously failed to protect the record, the plaintiff's lawyers attempt to shift the blame to their opposing counsel. Concluding, as we do, that this diversionary tactic lacks force, we affirm the district court's denial of the plaintiff's motion for relief from judgment.

I. BACKGROUND
<

More...   $0 (08-12-2013 - MA)

Elizabeth Manning v. Boston Medical Center

Plaintiffs Elizabeth Manning, Lisa Rivers, Rhonda Williams, and Reva McCarthy bring this wage-and-hour action against defendants Boston Medical Center Corporation ("BMC"), Elaine Ullian, and James Canavan. Current and former BMC employees, plaintiffs allege that defendants deprived them of their wages through the use of timekeeping policies and employment practices that required them to work thro

More...   $0 (08-01-2013 - MA)

Kelly L. Kilpatrick v. Timothy S. Kilpatrick and Kevin K. Kilpatrick

In one issue, Appellant Kelly L. Kilpatrick appeals the trial court’s summary judgment for Appellees Timothy (Tim) S. Kilpatrick and Kevin K. Kilpatrick. We affirm. 1See Tex. R. App. P. 47.4.

2

II. Background

In 1997, Kelly sold his shares in Pescor, a closely held, family-run business, to his brothers, Tim and Kevin (the 1997 Sale). As part of the sale, Kelly signed a

More...   $0 (07-25-2013 - TX)

Manolo Figueroa v. Delant Construction Co.

Manolo Figueroa (“Figueroa”) appeals the trial court’s entry of final summary judgment in favor of his statutory employer, Master Construction of South Florida, Inc. (“Master Construction”), finding that Master Construction was covered by workers’ compensation immunity for the personal injuries sustained by Figueroa. We affirm.

Figueroa’s action was brought under the intention

More...   $0 (07-30-2013 - FL)

United States of America v. Arno Gene Graves, Jr.

United States of America v. Arno Gene Graves, Jr., age 42, and Cody Samuel Lasiter, age 27, were charted conspiracy to steal more than 12 million pounds of corn from Simmons Foods in violation of 18 U.S.C. 371 which provides:

The United States Department of Justice Criminal Resource Manual provides:

"The general conspiracy statute, 18 U.S.C. § 371, creates an offense "[i]f two o

More...   $0 (07-24-2013 - OK)

Southwestern Energy Production Company v. Toby Berry-Helfand and Gery Muncey

In this trade secret case, Southwestern Energy Production Company (Sepco) appeals a judgment for almost $40 million, including attorney‘s fees, rendered in favor of Toby Berry-Helfand and Gery Muncey after a jury trial. Sepco raises five issues on appeal. We reverse and render in part, affirm in part, and remand the cause for determination and award of attorney‘s fees due Sepco as the prevaili

More...   $0 (07-19-2013 - TX)

Dan Daniels v. Indemnity Insurance Co. of North America

Dan Daniels sued Indemnity Insurance Company of North America (Indemnity), the workers’ compensation insurance carrier of his former employer, ThyssenKrupp Elevator Corporation, seeking judicial review of an adverse administrative decision of the Texas Department of Insurance, Division of Workers’ Compensation (DWC). The trial court entered summary judgment for Indemnity and denied Daniels’s

More...   $0 (07-18-2013 - TX)

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher