Misrepresentation Law
 
Beth McDowell v. Brass Brick Home, III, L.L.C.

Beth McDowell sued Brass Brick Home, III, L.L.C. on a breach of contract theory:

1.1 This jury action seeks redress for Defendant’s violation of the laws of the State of Oklahoma in connection with the agreed compensation for Plaintiffs employment service with Defendant. As redress for Defendant’s violations, Plaintiff prays for and demands declaratory, equitable and legal relief, compe

More...   $1 (03-06-2013 - OK)

Jay C. Adkins v. John A. Alberts

Jay C. Adkins sued John A. Alberts on a legal negligence (legal malpractice) theory:

1. Adkins is a citizen of the State of Oklahoma and a resident of Oklahoma County.

2. Defendant, John A. Alberts ("Alberts") is an attorney licensed to practice in Oklahoma. He maintains an office in Oklahoma City, Oklahoma.

3. Defendant, Jennifer Wadley ("Wadley") is an attorney licensed to

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Susan Ferguson v. Genentech, Inc.

Susan Ferguson, as next of kin of Wanda Parr, deceased, sued Genentech, Inc., Biogen, Inc. and Michael Keefer, M.D. on products liability theories claiming:

1. Wanda Parr is deceased, having departed this life on February 23, 2009.

2. Wanda Parr was a resident of Oklahoma County, Oklahoma.

3. This action is brought pursuant to 12 O.S. § 1054 by Susan Ferguson, surviving

More...   $0 (03-04-2013 - OK)

Tim P. Dittman v. Anthony A. Cerone

This case involves an option contract for the sale of property in Harris County. Appellants Tim and Debbie L. Dittman contend the trial court erred when it ordered that the Dittmans sell one of their properties to appellees Anthony Cerone and Ootzie Properties—Hou, LLC, formerly named Ootzie of Texas, LLC. By eighteen issues, the Dittmans argue that the trial court’s ruling violates basic tene

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University General Hospital, L.P. v. Siemens Medical Solutions USA, Inc.

The issue in this case is whether the district court signed a void judgment. Applying well established precedent, we hold that the trial court’s February 3, 2012 judgment was signed outside of the court’s plenary power, and we vacate that void judgment.

Background

The parties to this commercial dispute initially sued each other for (1) claims of breach of contract and breach of g

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Abudu Kadiri Alli v. Wachovia Bank, N.A.

Abudu Kadiri Alli appeals from a take-nothing judgment rendered after a bench trial on his claims against Wachovia Bank, N.A. as Trustee, Successor by Merger to First Union National Bank, as Indenture Trustee, Bayview Loan Servicing, LLC, and Interbay Funding, LLC.1 We affirm the judgment.

Background

Alli owned a parcel of land on South Post Oak Road in Houston. To raise capital for

More...   $0 (03-07-2013 - TX)

Della Yeager v. Michael Morris, Jr.

¶1 Della Yeager and her minor daughter, Veronica Riphenburg, were injured when their vehicle was involved in a collision with a pickup truck driven by Michael Morris, Jr. (Morris, Jr.), a Glacier County resident. The pickup truck was owned by Michael Morris, Sr. (Morris, Sr.), a Teton County resident. The collision occurred in Teton County but Yeager’s vehicle was then propelled across the coun

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Dennis Lundy v. Catholic Health System of Long Island, Inc.

2 Plaintiffs, a respiratory therapist and two nurses,
3 allege that the Catholic Health System of Long Island Inc.,
4 a collection of hospitals, healthcare providers, and related
5 entities (collectively, “CHS”), failed to compensate them
6 adequately for time worked during meal breaks, before and
7 after scheduled shifts, and during required training
8 sessions. They s

More...   $0 (03-01-2013 - NU)

Manuel Artemio Garza, Jr. v. Thelma N. Garza

Appellant, Manuel Artemio Garza, Jr., individually and as next friend of S.M.G., a minor, sued appellee, Thelma N. Garza, for claims arising from a real estate transaction. In the suit, Manuel brought claims for breach of warranty of title, common law fraud, statutory fraud, deceptive trade practices, and negligent misrepresentation. After a bench trial, the trial court rendered a take-nothing jud

More...   $0 (02-28-2013 - OK)

Timothy J. Pagliara v. Johnston Barton Proctor and Rose, LLP

Timothy Pagliara sued Johnston Barton Proctor & Rose, LLP (JBPR) after it settled a customer complaint against Pagliara for allegedly negligent investment advice notwithstanding Pagliara’s objections. The district court rejected all of his claims. We affirm.

I.

Pagliara has been a licensed securities broker for more than twenty-five years. In that time, he has received numerous acc

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Christine Lucarell v. Nationwide Mutual Insurance Company

Christine Lucarell sued Nationwide Mutual Insurance Company on breach of contract, fraudulent misrepresentation, invasion of privacy, retaliation and constructive discharge theories claiming that Nationwide used predatroy tactics to lure her into working as an agent for the company, and then setting her up to fail.

Nationwide denied wrongdoing and claimed that Lucarell took loans and gran

More...   $32500000 (02-26-2013 - OH)

Simone K. Greenway v. Larry D. Heathcott

Simone Greenway sued Larry Heathcott alleging, among other things, identity theft and breach of domestic partnership and fiduciary duties. After a long, one-day bench trial at which both parties were pro se, the superior court denied Greenway’s claims. She argues here that it was error not to continue the trial so a particular lawyer could represent her when he became available, so she could com

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Gary B. Cron v. Shawnita Zimmer

2 Plaintiffs appeal from a general judgment dismissing their interference with
3 economic relations, conversion, and unjust enrichment claims. Plaintiffs assign error to
4 the trial court's grant of defendant's motion for summary judgment. Because we conclude
5 that plaintiffs demonstrated sufficient evidence for a trial on their interference with
6 economic relations, conversion,

More...   $0 (02-06-2013 - OR)

Grand Aerie Fraternal Order of Eagles v. Tyler Haygood

On original submission, we held that the trial court committed reversible error when it denied the special appearance entered by Grand Aerie Fraternal Order of Eagles. We held that for two reasons: (1) because there is not a substantial connection between Grand Aerie’s contacts in Texas and the lawsuit sufficient to confer specific jurisdiction and (2) because Grand Aerie’s contacts with Texas

More...   $0 (02-21-2013 - TX)

Karen Ann Cervantes Gatlin v. Joey Moore

Appellant Karen Gatlin appeals a judgment entered against her in favor of Joey Moore, appellee. Moore, on behalf of the estate of her deceased father, Joe Sam Irvine, sued Karen and Chris Gatlin for breach of contract, statutory fraud, misrepresentation, violation of Texas Property Code Subchapter D, and quantum meruit. Sitting without a jury, the trial court awarded Moore $22,527.89 based on the

More...   $0 (02-21-2013 - TX)

Fred M. Haag v. Infrastructure Services, Inc.

Fred M. Haag sued his former employer, Infrasource Services, Inc., after
he was terminated for “gross misconduct.” Pursuant to the employment contract
Infrasource compelled arbitration under Pennsylvania law. The arbitrator found
that Haag had accepted reimbursements for housing and other expenses to
which he should have known he was not entitled. Haag’s claims were dismissed

More...   $0 (02-20-2013 - TX)

Cecilia Giamundo v. Seekingsitters Franchise Systems, Inc.

Cecilia Giamundo, New Day For Families, LLC, Wendy Ross, James Ross, III, Move Your Feet, LLC, Victoria Manganelli, Charles Manganelli, Little SG, LLC, Debra Caldwell, Moses Caldwell, Home run Enterprises, LLC sued Seekingsitters Franchise Systems, Inc., David Kallweit and Adrienne Kallweit on breach of contract theories claiming:

1. Defendants unlawfully induced Plaintiffs to execute Fra

More...   $1 (02-16-2013 - OK)

Roselva Chaidez v. United States

In Padilla v. Kentucky, 559 U. S. ___ (2010), this Court held that the Sixth Amendment requires an attorney fora criminal defendant to provide advice about the risk of deportation arising from a guilty plea. We consider here whether that ruling applies retroactively, so that a person whose conviction became final before we decided Padilla can benefit from it. We conclude that, under the principles

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Debra Laizure v. Avante At Leesburg, Inc.

A nursing home patient, Harry Lee Stewart, signed an agreement providing for arbitration of disputes arising out of treatment and care at the nursing home. Stewart subsequently died, allegedly as a result of the nursing home’s negligence. Through the personal representative, Debra Laizure, his survivors brought a cause of action in circuit court for deprivation of rights under the applicable nur

More...   $0 (02-14-2013 - FL)

Jenna Wood v. SatCom Marketing, LLC

Jenna Wood sued her former employer SatCom Marketing, LLC ("SatCom") alleging violations of the Minnesota Whistleblower Act, Minnesota Human Rights Act, common law of wrongful termination, and Fair Labor Standards Act. Finding Wood had failed to establish a prima facie case of retaliation under each statute and the common law, the district court1 granted summary judgment in favor of SatCom. We aff

More...   $0 (02-13-2013 - MN)

United States of America v. Bernard J. Kurlemann

Eric Duke and Bernard Kurlemann sold expensive homes to straw buyers who had little income and insufficient cash to make down payments on the sales. The effective buyers, once the scheme unraveled and the buyers defaulted, became the banks. Federal prosecutors caught wind of the deception and charged Duke and Kurlemann with making false statements to a lending institution and on top of that charge

More...   $0 (02-13-2013 - OH)

Joseph Durham v. 4 Corners Realty

Joseph Durham and Jennifer Pfeiffer sued 4 Corners Realty, LLC, 4 Corners on Wheels, LLC and 4 Corners Construction LLC on breach of contract theories claiming:

1. Defendants are Oklahoma limited liability companies registered to do business in the state of Oklahoma with their principal place of business in Oklahoma County, Oklahoma.

2. The Plaintiffs entered into a real estate p

More...   $0 (02-04-2013 - OK)

Premier Roofing and Constructions, LLC v. David Biesiada

Premier Roofing and Constructions, LLC sued David Biesiada, Joi Biesiada and Hanover Insurance Company and Suntrust Mortgage, Inc. on negligence theories claiming:

1. Plaintiff Premier Roofing and Construction LLC (“Premier”) is
Oklahoma limited liability company with its main office in County, State of Oklahoma.

2. Defendant David Biesiada is a resident of Oklahoma Count

More...   $1 (02-02-2013 - OK)

Gary W. Kleinman v. Elan Corporation, PLC

Plaintiff-Appellant Gary Kleinman (“Kleinman”) appeals from the judgment of the district court (Hellerstein, J.) dismissing Kleinman’s amended complaint with prejudice for failure to state a cause of action under Fed. R. Civ. P. 12(b)(6) and denying leave to amend. Kleinman alleges that Defendants-Appellees Elan Corporation, plc (“Elan”), Pfizer, Inc. (“Pfizer”) (as successor-in-inte

More...   $0 (02-05-2013 - NY)

Martina A. Silas v. James Ellis Arden

James Ellis Arden (Arden) appeals judgment in favor of Martina Silas (Silas) in Silas‘s action against Arden for malicious prosecution of a malpractice action against her. Silas represented Ross Gunnell (Gunnell) in a personal injury action resulting in a jury award that was later overturned on the grounds that worker‘s compensation was the exclusive remedy. Gunnell filed a malpractice action

More...   $0 (01-28-2013 - CA)

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