Misrepresentation Law
 
Federal Trade Commission v. Meggie Chapman

This appeal arises from a bench trial in which the district court found that Appellant Meggie Chapman violated the “assisting and facilitating” provision of the Telemarketing Sales Rule, 16 C.F.R. § 310.3(b).

The underlying consumer protection action was brought by the Federal Trade Commission and four states against several individual and corporate defendants who marketed and sold to

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The Amended and Restated Trust Agreement of the Floyd E. Aiken Revocable Trust UTA December 3, 2010 v. Allianz Life Insurance Company of North America

1, Aiken is an individual residing in Oklahoma County, Oklahoma.

2. Allianz is a for-profit corporation organized under the laws of Minnesota and with its principal place of business located in Minneapolis, Minnesota, but affirmatively does business in the state of Oklahoma.

3. Coons is an agent for Allianz and affirmatively does business in Oklahoma County, Oklahoma. Coon is an indi

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Vern Cannon v. MBCI, a division of NCI Group, Inc.

Appellant, Vern Cannon, appeals the trial court’s judgment entered in favor of appellee, MBCI, A Division of NCI Group, Inc., on its claim that he breached a personal guarantee agreement. We affirm.

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I. BACKGROUND

MBCI manufactures products for constructing metal buildings for commercial, industrial, agricultural, and residential uses. Vern Cannon owns Cannon Storage

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Michael Cagle and Martin Lake Construction, Inc. v. Timothy J. Clark

Michael Cagle and Martin Lake Construction, Inc. (MLC) appeal the grant of a special appearance in favor of Timothy J. Clark, a resident of the state of New York. Because we agree with Cagle and MLC’s arguments that the trial court had specific in personam jurisdiction over Clark, we reverse the court’s judgment and remand to the trial court for further proceedings.1

I. Factual and Proc

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Cheryl M. Patterson v. American General Life Insurance Company

This case arises from an interpleader action filed by American General Life Insurance Company concerning a life insurance policy it issued for Lonnie J. Patterson, Jr. After Lonnie, Jr. died, appellants Cheryl M. Patterson, Aundrell Patterson and Lonnie J. Patterson, Sr. each asserted a claim to the policy proceeds.

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The trial court found American General to be an innocent stakehold

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Lisa Salazar v. SSM Health Care of Oklahoma, Inc.

Lisa Salazar sued SSM Health Care of Oklahoma, Inc. and Bone and Joint Hospital at St. Anthony claiming:

1. At all material times, the Plaintiff was a resident of Pottawatomie County, Oklahoma.

2. Defendant SSM Health Care of Oklahoma, Inc. is a domestic corporation doing business in Oklahoma. Defendant Bone and Joint Hospital at St. Anthony is a domestic corporation doing busine

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United States of America v. Ralph Appolon

Appellant Ralph Appolon was charged with one count of conspiring to commit wire fraud in violation of 18 U.S.C. § 371 and four counts of committing wire fraud in violation of 18 U.S.C. § 1343. These charges arose out of his connection to a mortgage fraud scheme. After a lengthy jury trial, Ralph Footnote was found guilty of all charges against him, and was sentenced to a term of imprisonment fo

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C.H. Canada v. W.R. Canada, Jr.

In 2011, Appellant C.H. Canada (Carol) filed a bill of review challenging an agreed divorce decree that was signed on May 18, 2000. The trial court granted a combined traditional and no-evidence motion for summary judgment filed by W.R. Canada, Jr. (Ralph). Carol perfected an appeal, raising eleven issues challenging the summary judgment. We will affirm.

The trial court also found that Caro

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Heritage Pacific Financial, LLC v. Maribel Monroy

Maribel Monroy executed two promissory notes with WMC Mortgage Corp. (WMC) when purchasing a home in Richmond, California in 2006 (the Richmond property). After a foreclosure on the senior deed of trust, Heritage Pacific Financial, LLC (Heritage) acquired Monroy‘s second promissory note from WMC. Heritage sent Monroy a letter attached to a complaint and summons advising her that Heritage had fil

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Ser Yang v. Western-Southern Life

Soua Yang purchased a life insurance policy from Western-Southern Life Assurance Company (WSLAC). Yang died six months later. Her beneficiaries claimed the death benefit. WSLAC denied the claim on the basis that she had not disclosed her Hepatitis B on the application. Her beneficiaries sued WSLAC. The district court granted summary judgment to WSLAC. Having jurisdiction under 28 U.S.C. § 1291, t

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United States v. Bryan Behrens

Bryan Behrens pled guilty to one count of securities fraud in violation of 15 U.S.C. §§ 78j(b), 78ff and 17 C.F.R. § 240.10b-5 (“Rule 10b-5”). The district court1 sentenced Behrens to five years’ imprisonment, three years of supervised release, and restitution in the amount of $6,841,921.90. Behrens appeals his sentence, arguing that because he had no knowledge his conduct violated Rule 1

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United States of America v. Steven Warshak

Berkeley Premium Nutraceuticals, Inc., was an incredibly profitable company that served as the distributor of Enzyte, an herbal supplement purported to enhance male sexual performance. In this appeal, defendants Steven Warshak (“Warshak”), Harriet Warshak (“Harriet”), and TCI Media, Inc. (“TCI”), challenge their convictions stemming from a massive scheme to defraud Berkeley’s custome

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Susie Strohm v. ClearOne Communications, Inc.

¶1 This case concerns a corporation‘s statutory and contractu-al duty to indemnify a corporate officer‘s criminal defense costs. Susie Strohm, the one-time CFO of ClearOne Communications, Inc., was charged with eight federal criminal counts relating to an investigation into certain accounting practices at ClearOne. She was later acquitted of all but one count. Strohm and her counsel, Dorsey,

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Bob O. Parris v. Barney Limes, M.D.

¶1 This certiorari proceeding concerns medical malpractice claims that plaintiff asserted against the medical providers who were involved in the cancer diagnosis of his prostate, the surgery to remove it and his subsequent treatment. The trial court has twice rendered judgments in favor of the defendants. The first round of judgments were reversed by Division IV of the Court of Civil Appeals in t

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Fain Family First Limited Partnership v. EOG Resources, Inc.

In five issues, Appellants Fain Family First Limited Partnership and Fain Family Management Corporation (collectively, FFFLP) appeal the trial court‘s

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

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summary judgment for Appellee EOG Resources, Inc. We affirm in part and reverse and remand in part.

II. Background

In 2004, FFFLP and EOG entered into a ―p

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Tiara Condominium Assocation, Inc. v. Marsh & McClennan Companies, Inc.

As we stated in our earlier opinion recorded at Tiara Condominium Association, Inc., v. Marsh & McClennan Companies, Inc., 607 F.3d 742 (11th Cir. 2010), this appeal arises from a contract between an insurance broker and the association responsible for managing the condominium tower located on Singer Island, Florida. The tower suffered extensive wind damage from two hurricanes in September 2004. T

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Sherry Dunlap v. Cindy Gayle

This is an appeal of a no-evidence/traditional summary judgment granted in favor of appellee, Cindy Gayle. By two issues, appellant, Sherry Dunlap, contends the trial

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court erred in: (1) granting summary judgment, and (2) awarding damages to Gayle pursuant to a contractual liquidated damages provision. We affirm.

I. BACKGROUND

In November 2007, Dunlap and Gayl

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Jeff Rolston v. Brad's Realty and Property Management, LLC

Appellants/Cross-Appellees/Plaintiffs Jeff and Jana Rolston (collectively, “the Rolstons”), who unsuccessfully sued Appellees/Cross-Appellants/Defendants Brad’s Realty and Property Management (“Brad’s Realty”) and Dan Bradbury (“Bradbury”) (collectively, “Brad’s Realty”) for fraud, appeal the denial of a motion to correct error. Brad’s Realty cross-appeals the denial of a s

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State Farm Fire & Casualty Company v. Joesph Martin Radcliff

In April 2006, central Indiana suffered a large hailstorm. Joseph Radcliff formed a company to repair the storm-damaged homes. State Farm Fire & Casualty Company began denying many of its policyholders’ claims even though other insurance companies were paying similar claims. Radcliff and his company offered to help the State Farm policyholders. Amid a flurry of bad publicity about State Farm’s

More...   $14500000 (04-13-2013 - IN)

Larry Mayo v. Board of Education

Five current or former temporary employees (the "Temporary Employees") of the Board of Education of Prince George’s County, Maryland ("School Board") filed a class action complaint in the Circuit Court for Prince George’s County, asserting employee-compensation claims against the School Board, its chair, and the Association of Classified Employees/American Federation of State, County and Munic

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William Koch v. Eric Greenberg

William Koch sued Eric Greenberg on fraud and breach, misrepresentation of contract theories claiming that 24 bottles of wine purchased by him from Greenberg were counterfeit. Plaintiff sought $320,000 in damages.

Greenberg denied wrongdoing. The claimed that the bottles of wine were sold at auction "as is." He denied that he knew that they bottles were not what they were represented t

More...   $12000000 (04-13-2013 - NY)

Ramiro Hernandez v. Law Office of John King and Qualified Intermediary, Inc.

Appellant, Ramiro Hernandez, appeals a final summary judgment granted in favor of appellees, Law Office of John King and Qualified Intermediary, Inc. (collectively, “appellees”). We reverse and remand.

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I. BACKGROUND

This case arises out of a 2003 sale of real estate in Starr County, Texas. Mis Tres Properties, LLC executed a $70,000 promissory note and deed of trus

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Frank Keathley v. Corbitt Baker

Frank and Melissa Keathley appeal from an adverse judgment rendered on the jury’s verdict in favor of Corbitt Baker in the Keathleys’ suit arising from a real estate contract. In six issues, the Keathleys contend the trial court erroneously vacated a prior judgment, awarded attorney’s fees to Baker, failed to award attorney’s fees to the Keathleys, submitted certain jury questions, and dir

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Annie Cervantes Ramirez v. FFE Transportation Services, Inc.

Annie Ramirez appeals the trial court’s grant of FFE Transportation Services, Inc. and Conwell, LLC’s (FFE and Conwell) cross-motion for summary judgment and the denial of her motion for summary judgment. In a single point of error, Ramirez complains that the liability release she signed fails to meet the fair-notice requirements for releases of future liability. Because we agree the release f

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Peter Fazio v. Cypress/GR Houston I, L.P.

In this suit arising from the sale of land, we examine the appropriate measure of damages for a sale obtained through fraudulent inducement. A jury concluded that the seller of the land had failed to disclose material information to the buyer about the financial state of a commercial tenant who leased the land. But the jury further concluded that the buyers suffered nothing in damages proximately

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