Misrepresentation Law
 
United States of America v. Peter DuBois and Neal Martin Uhl

The United States of America charged Peter DuBois, age 51, and Neal Martin Uhl, age 52, with violation of the Foreign Corrupt Practices Act of 1977, 18 U.S.C. 371, conspiracy in violation of 18 U.S.C. 371, and forfeiture under 28 U.S.C.
2461.

According to the United States Department of Justice Criminal Resource Manual, Title 18 U.S.C. 371 provides:

The general conspiracy

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Peter Knapppe v. United States of America

When can you trust your accountant’s advice about when your taxes are due? That is the question we face today. Appellant Peter Knappe, acting as the executor of an estate, asked his accountant to apply for an extension of the deadline to file the estate-tax return from the Internal Revenue Service (“IRS”). The accountant told Knappe that the deadline had been extended one year, when in fact

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Barcas, LLC v. ONEOK Partners, L.P.

Barcas, LLC sued ONEOK Partners, L.P. on a breach of contract, breach of implied covenant of good faith & fair dealing, unjust enrichment, tortious interference with prospective economic advantage, and fraud in the inducement theories claiming:

1. Barcas, LLC is an Oklahoma Limited Liability Company which is authorized to conduct business in the State of Oklahoma. Barcas’s headquarters

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Leroy Knight v. Walgreens

In this workers’ compensation appeal, Claimant argues the Judge of Compensation Claims (JCC) (1) violated Claimant’s due process rights by sua sponte considering the defenses of medical necessity and major contributing cause (MCC), which were not raised by the Employer/Carrier (E/C) in the parties’

2

pretrial stipulation, and (2) the JCC erroneously admitted the medical opinion

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United States of America v. Cortez Fisher

It is axiomatic that, "to be constitutionally valid, a plea of guilty must be knowingly and voluntarily made." United States v. Brown, 117 F.3d 471, 473 (11th Cir. 1997). And "a guilty plea is not knowingly and voluntarily made when the defendant has been misinformed" as to a crucial aspect of his case. Id.

In this extraordinary case, the law enforcement officer responsible for the investig

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Matt Kincaid v. David Dess

Matt Kincaid and Julie Kincaid appeal from a summary judgment granted in favor of David Dess and Sandra Dess involving the Kincaids' breach of contract, fraud, negligent misrepresentation, civil conspiracy, and rescission claims. The Kincaids purchased a house from Sirva Relocation LLC (Sirva) for approximately $1,040,000. The bases of the Kincaids' claims involve the alleged failure of the Desses

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Christopher J. Davis v. Winning Streak Sports, LLC

This is the parties' second visit to our court following proceedings in the district court. Their dispute centered on the formation of a business called Winning Streak Sports, LLC (WSS), which apparently took over and continued a business operated by Christopher J. Davis and Winning Streak, Inc. (WSI).

First Suit

In 2006, WSI and Davis sued U.S. Hardwood Distributors, Inc. (Hardwood)

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Kim Millbrook v. United States

The Federal Tort Claims Act (FTCA) waives the Government’s sovereign immunity from tort suits, but excepts from that waiver certain intentional torts, 28 U. S. C. §2680(h). Section §2680(h), in turn, contains a proviso that extends the waiver of immunity to claims for sixintentional torts, including assault and battery, that are based on the“acts or omissions” of an “investigative or law

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The People v. Khristine Elaine Eroshevich

The People of the State of California appeal after a series of rulings which resulted in the dismissal of charges against two defendants, Dr. Khristine Elaine Eroshevich and Howard Kevin Stern. Mr. Stern‟s new trial motion was granted. Two conspiracy counts were then dismissed pursuant to Penal Code1 section 1385, subdivision (a) (section 1385). We will reverse the new trial and dismissal orders

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Karen Quigley v. Paul McClellan

Defendants and appellants Paul McClellan and San Dieguito Equine Group (together Dr. McClellan) are doctors of veterinary medicine. Dr. McClellan was retained by plaintiff and respondent Karen Quigley to perform prepurchase examinations on two performance horses named Syrus and Poncho. Dr. McClellan performed the prepurchase examinations and concluded that both horses were suitable for their inten

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United States of America v. James Botti

Defendant James Botti was convicted of honest services
22 mail fraud after a jury trial in the District of Connecticut
23 (Charles S. Haight, Jr., Judge). See 18 U.S.C. §§ 1341 and
24 1346. In this appeal from the judgment entered on September
25 20, 2010, Botti argues that the District Court committed
26 reversible error when it used a jury instruction on honest
27 servi

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Arden M. Intengan v. BAC Home Loan Servicing, L.P.

Arden M. Intengan (Intengan) appeals from a judgment of dismissal entered after the court sustained the demurrer to her third amended complaint without leave to amend. Essentially, Intengan sought to preclude respondents from foreclosing on her property, contending they lack authority to do so under the relevant deed of trust and notice of default. In this appeal, Intengan argues that the demurrer

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United States of America ex rel. Benjamin Carter v. Halliburton Co.

Appellant Benjamin Carter appeals the district court’s dismissal
of his complaint with prejudice. The matter was initiated
upon Carter’s filing of a qui tam lawsuit under the False
Claims Act (FCA), 31 U.S.C. § 3729. The subject matter
underlying this case involves Appellees’—Halliburton Company;
KBR, Inc.; Kellogg Brown & Root Services, Inc.; and
Service Employees

More...   $0 (03-18-2013 - VA)

Jeffrey A. Wiest v. Thomas Lynch

Appellant Jeffrey Wiest brought an action under the whistleblower protection provisions set forth in Section 806 of the Sarbanes-Oxley Act (“SOX”), 18 U.S.C. § 1514A, and under Pennsylvania law against Appellees Tyco Electronics Corporation and several officers and directors of Tyco Electronics (collectively, “Tyco”). The District Court granted Tyco‟s Motion to Dismiss the federal whist

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Ronald Smith v. Pruco Life Insurance Company of New Jersey

Plaintiff-appellant Ronald Smith commenced this action in New York State
Supreme Court against defendant-appellant Pruco Life Insurance Company of New Jersey
(“Pruco”). Smith alleged that he was the beneficiary of a $1 million insurance policy
issued by Pruco on the life of Michael Coops; that Michael Coops had died; and that
Smith was therefore entitled to a payment from Pruco

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David S. Band v. Harold L. Libby and Libby St. John, LLC

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-ap

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Philip Morris USAS, Inc. v. James L. Douglas

We review the decision of the Second District Court of Appeal in Philip Morris USA, Inc. v. Douglas, 83 So. 3d 1002, 1011 (Fla. 2d DCA 2012), in which the Second District certified the following question of great public importance:1 DOES ACCEPTING AS RES JUDICATA THE EIGHT PHASE I FINDINGS APPROVED IN ENGLE V. LIGGETT GROUP, INC., 945 So. 2d 1246 (Fla. 2006), VIOLATE THE [ENGLE DEFENDANTS’] DUE

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Roman Pino v. The Bank of New York

The issue we address in this case involves an interpretation of the applicable Florida Rules of Civil Procedure governing voluntary dismissals and the extent of the trial court’s inherent authority to remedy alleged fraud on the court through the reinstatement of a dismissed lawsuit. Although the context of the issue as presented in this case arises out of a widespread problem associated with fr

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Jeff Blankenship v. Timothy Brown

The trial court granted two motions for summary judgment in favor of appellees Timothy Brown, Gary W. Blanscet, and Blanscet, Sutherland, looper, & Hale LLP. Appellants Jeff and Courtney Blankinship and Miracle Golf Concepts appeal the trial court’s orders, In four issues, they argue (1) the trial court erred by granting the October 27, 2010 summary judgment with respect to their claims for comm

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Robert Flynn v. Keller Williams, Inc.

This appeal arises from a take-nothing summary judgment rendered in favor of appellees, Keller Williams, Inc. (“Keller Williams”) and The Boehm Team. We affirm.

BACKGROUND

Appellants, Robert and Wian Flynn, own two properties in Boerne, Texas: 101 Shady Ridge and 309 River Ridge. The Flynns entered into a Residential Real Estate Listing Agreement to sell the house located at 101

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Helmut Volmich v. Richard Braden Neiman

Appellants Helmut and Petra Volmich appeal the trial court’s summary judgment in favor of Appellees Richard Braden Neiman and Traci L. Neiman. The Volmiches contend in two issues that the trial court erred by granting summary judgment because the “as-is” clause in the parties’ sale contract does not as a matter of law defeat their affirmative claims or establish the Neimans’ affirmative

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James J. Flanagan Shipping Corporation v. Del Monte Fresh Produce, N.A., Inc.

James J. Flanagan Shipping Corporation appeals the trial court’s rendition of a take nothing judgment on its claims against Del Monte. Flanagan sued Del Monte and other defendants for breach of fiduciary duty, knowing participation in a breach of fiduciary duty, conspiracy, conversion, unjust enrichment, unfair competition, and accessing proprietary and confidential business information. After s

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Michelle Gilstrap v. United Air Lines, Inc.

Michelle Gilstrap has difficulty walking because of osteoarthritis and other health problems. She alleges that, on two airplane trips in 2008 and 2009, United Air Lines (“United”) did not provide her with adequate assistance moving through the airport and that she suffered physical and emotional injuries as a result. Gilstrap sued United, alleging several causes of action under California stat

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Norman Rudisill v. Ford Motor Company

After receiving workers’ compensation benefits for serious injuries sustained while working at Ford Motor Company’s Cleveland Casting Plant (the Plant) in Brook Park, Ohio, Norman Rudisill sued Ford for committing an intentional tort against him. His wife, Karen Rudisill, asserted a derivative claim of loss of consortium in the same complaint. The district court granted summary judgment for

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Herman Spencer v. Paul Barber

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Paul Barber and his law firm, Barber & Borg, L.L.C. (Barber), were the attorneys for Ellen Sam. Barber filed a lawsuit against numerous defendants for injuries Sam sustained when her car was struck from behind on Interstate 40 (I-40). Barber also represented Sam in her capacity as the personal representative of the estates of her daughter and granddaughter, both of whom died from inju

More...   $0 (03-11-2013 - NM)

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