Misrepresentation Law
 
Johnnie Lee Waslick v. Gale Marie Simpson

Johnnie Waslick appeals from a district court’s grant of a motion for directed verdict at the conclusion of his evidence seeking damages for entry of a divorce decree. He was alleging alternative theories of fraudulent misrepresentation, fraudulent nondisclosure, and willful wanton conduct justifying punitive damages. We affirm.

I. Background and Facts

In 2006, Gale Simpson filed f

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Dunham Engineering, Incorporated v. The Sherwin-Williams Company

In this interlocutory appeal, Dunham Engineering, Inc. (DEI) appeals the trial court’s denial of its motion to dismiss the Sherwin-Williams Co.’s (Sherwin-Williams) claims of intentional interference with prospective business relationships, business disparagement, and product disparagement based on DEI’s actions in connection with a municipal water tower project. In three issues, DEI argues

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Oscar Ortega v. Uponor, Inc.

Several class action lawsuits were commenced against Uponor, Inc. and Radiant Technology, Inc. in 2009, alleging that they had manufactured and distributed leaky brass plumbing fittings. The cases were consolidated by the judicial panel on multidistrict litigation, and after months of negotiation the parties reached a settlement agreement in November 2011. The district court1 then certified the pr

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Sherry Parrish v. Shelter Mutual Insurance Company

Sherry Parrish sued Shelter Mutual Insurance Company, Benjamin and David Jeff on bad faith breach of an insurance contract, negligence and fraud theories.

At all relevant times, Plaintiff maintained a policy of insurance covering her mobile home located on Grand Lake, Oklahoma. Among other coverages, the policy of insurance provided $30,000.00 coverage for damage to the mobile home. On o

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Steve Harris v. Amgen, Inc.

Plaintiffs, current and former employees of Amgen, Inc. (“Amgen”) and its subsidiary Amgen Manufacturing, Limited (“AML”), participated in two employer-sponsored pension plans, the Amgen Retirement and Savings Plan (the “Amgen Plan”) and the Retirement and Savings Plan for Amgen Manufacturing, Limited (the “AML Plan”) (collectively, “the Plans”). The Plans were employee stock-o

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Summit Quality Homes, Inc. v. City of Moore

Summit Quality Homes, Inc. and Pepper Mackey Building Company, LLC sued the City of Moore, Oklahoma on negligence theories claiming:

1-Plaintiff Snnimit Quality Homes, Inc. isa corporation duly authorized by the State of Oklahoma and having its principal place of business in Cleveland County, Oklahoma.

2- Plaintiff Pepper Mackey Building Company, L.L.C. is an Oklahoma Limited Liabili

More...   $106200 (05-31-2013 - OK)

Ronald Rogers v. Ted L. Walker

By five issues, appellant, Ronald Rogers, individually and as executor of the estate of Louise Rogers, appeals a final summary judgment entered in favor of appellee, Ted L. Walker. We affirm in part and reverse in part.

I. BACKGROUND1

Ted L. Walker and his father, Ted G. Walker, are both lawyers. In October 1996, Ted G. Walker prepared a will for Louise Rogers.2 In her will, Loui

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Kris Hansen v. The Bank of New York Mellon

¶1 Plaintiff Kris Hansen appeals the district court’s decision to grant the respective motions to dismiss filed by Defendants The Bank of New York Mellon (the Bank) and Marlon L. Bates on the basis that Hansen’s claims are barred by res judicata. We affirm.

¶2 In 2006, Hansen executed a deed of trust on certain property, naming Mortgage Electronic Registration Systems, Inc. (MERS) as

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Ronay Family Limited Partnership v. Robert R. Tweed

Robert R. Tweed (Tweed) and his investment firm, Tweed Financial Services, Inc. (TFI), appeal the order denying their petition to compel arbitration of claims for damages asserted against them by Ronay Family Limited Partnership (Ronay). The claims arose out of Tweed's provision of advice concerning Ronay's purchase of investments offered by CapWest Securities, Inc. (CapWest), for which Tweed and

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Susan Taylor v. Wells Fargo Home Mortgage

A woman purchased a home and fell behind on her mortgage payments.
Despite the bank having agreed to postpone a foreclosure sale, the bank proceeded with
the sale. After the woman threatened suit, the bank re-purchased the home and entered
into settlement negotiations with the woman; the bank promised to re-convey the property to the woman so that she could proceed with a sale to a thi

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Stella Maris Parra de Ray v. Alfonso Rey

Stella Maris Parra de Rey a/k/a Stella Maria Parra de Rey (“the Wife”) appeals from a final judgment for dissolution of marriage entered pursuant to Alfonso Rey’s (“the Husband”) motion for summary judgment, upholding the validity of a marital settlement agreement entered into between the parties. We affirm.

The Husband and the Wife married in 1982. During their twenty-eight year

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David S. Band v. Harold L. Libby

David S. Band appeals the trial court's order granting in part and denying in part a motion for judgment notwithstanding the verdict and motion for new trial filed by Harold L. Libby and Libby St. John, L.L.C. (collectively, the Libby parties). Mr. Band

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also challenges the trial court's denial of his motion for directed verdict on several grounds. The Libby parties cross-appeal

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Jacqueline Goldberg v. 401 North Wabash Venture LLC, et al.

Jacqueline Goldberg sued 401 North Wabash Venture LLC, Trump Chicago Managing Member LLC, Donald Trump on breach of contract and fraud theories claiming that Trump did not perform on a promise to share the profits on a luxury hotel and condominium development in which she invested by buying two units in the project in 2006. She claimed to have lost $500,000 sought much more in damages from Mr. Tr

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Darby Kyle d/b/a South Coast Roofing and Repair, LLC v. Alma Zepeda

Appellants, Darby Kyle, individually and d/b/a South Coast Roofing and Repair and South Coast Roofing and Repair, LLC (collectively, “South Coast”), challenge the trial court’s post-answer default judgment rendered in favor of

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appellee, Alma Zepeda.1 In six issues, South Coast argues that (1) the trial court erred in denying its motion for new trial and refusing to set aside

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Rehak Creative Services, Inc. v. Ann L. Witt

Rehak Creative Services, Inc. and Robert Rehak (collectively, “Rehak”) appeal from a final judgment granting a motion to dismiss in favor of appellees Ann L. Witt, Ellen Witt, Raymond Witt, and the Ann Witt Campaign (collectively, “Witt”). We affirm.

OVERVIEW

This appeal focuses on a recently enacted statute called the “Texas Citizens Participation Act,” which is codi

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D & W Development, Inc. v. The City of Milford, Dickinson County, Iowa

D & W Development (D & W) appeals from the grant of summary judgment in favor of the City of Milford (City) and Bryan Read. D & W argues the district court improperly granted summary judgment as to its claims of negligence, unjust enrichment, negligent misrepresentation, and legal fraud. The City and Read respond that the district court correctly granted summary judgment on D & W’s claims, and r

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Brecek & Young Advisors, Inc. v. Lloyd's of London Syndicate 2003

Defendant-Appellant Lloyds of London Syndicate 2003 (“Lloyds”) appeals the district court’s denial of its summary judgment motion and subsequent grant of summary judgment in favor of Plaintiff-Appellee Brecek & Young Advisors, Inc. (“BYA”) in an action arising out of a professional liability insurance contract. The district court concluded Lloyds failed to pay sufficient indemnity to BYA

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PHL Variable Insurance Company v. The P. Bowie 2008 Irrevocable Trust, by and through its trustee, Louis E. Baldi

This is an appeal from a grant of summary judgment in favor of plaintiff PHL Variable Insurance Company ("PHL") in its equitable action for rescission of a life insurance policy and special damages incident to the rescission of that policy. See PHL Variable Ins. Co. v. P. Bowie 2008 Irrevocable Trust, 889 F. Supp. 2d 275 (D.R.I. 2012). The district court found that the defendant, The P. Bowie 200

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Kelley & Witherspoon, LLP v. Jeannette Hooper

Appellee Jeannette Hooper and her husband Charles, now deceased, sued appellants for legal malpractice. The case was tried to a jury, and the trial judge rendered judgment in Jeannette Hooper’s favor on the jury verdict. On appeal, appellants raise four points of error challenging the sufficiency of the evidence and the correctness of the jury charge. Concluding that the jury charge was erroneou

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Bruington Engineering, Ltd. v. Pedernal Energy, L.L.C.

In the underlying lawsuit, Pedernal Energy L.L.C. sued Bruington Engineering Ltd. and three other entities (“the Schlumberger entities”) for damages allegedly caused to an oil well and the surrounding formation. Because Pedernal’s lawsuit was for damages arising out of the provision of professional services by a licensed or registered professional, Pedernal was required to file an expert aff

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Rukmi Indah Idniarti v. Bell Helicopter Textron, Inc.

In six issues, Appellants Rukmi Indah Idniarti, Rubby Valentina Issakh, Yohannes Roditya, Mulyani Irianti, Dina Novia Sari, Novianti Debby Putri, Drrj Tri

1See Tex. R. App. P. 47.4.

2

Saputra, and Siti Sarah (collectively, Idniarti) appeal the trial court’s no-evidence summary judgment for Appellees Bell Helicopter Textron, Inc. and Bell Helicopter Korea, Inc. (collect

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Todd Kurtin v. Bruce Elieff

We affirm the trial court‟s judgment holding defendant Bruce Elieff liable for misstating his authority to bind a group of real estate businesses known as the “Joint Entities” in the course of agreeing to buy out his former partner, plaintiff Todd Kurtin. We affirm the trial court‟s posttrial order denying Elieff‟s motion for judgment notwithstanding the verdict. And we affirm the trial

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United States of America Vs Joan R LaPlante

When Appellant Joan LaPlante's once-successful factoring business ran into serious financial trouble, she allegedly defrauded a number of lenders to obtain more money to help get her out of the mess. After a government investigation, indictment and five-day trial, a jury convicted LaPlante of mail fraud under 18 U.S.C. § 1341. LaPlante now appeals her conviction, challenging the district court's

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Mohammed Fezzani v. Bear, Stearsn & Co., Inc.

24 Several individual investors appeal from Judge Crotty’s
25 dismissal of their complaint alleging securities fraud in
26 violation of Section 10(b). We dispose of this appeal by both
27 summary order and opinion. In the summary order issued
28 simultaneously with this opinion, we affirm in part and vacate
29 and remand in part with regard to most appellees. In this
30 o

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Kimberly N. Squires v. Breckenridge Outdoor Education Center

Plaintiff Kimberly Squires filed this diversity action against Defendant Breckenridge Outdoor Education Center asserting claims for negligence and gross negligence following a ski accident in which she was injured. The magistrate judge granted Defendant’s motion for summary judgment in part, concluding Plaintiff’s mother, Sara Squires, had validly released any claim for negligence against Defe

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