Misrepresentation Law
 
John Scheenstra v. California Dairies, Inc.

Plaintiff John Scheenstra was a member of defendant California Dairies, Inc. (Cal Dairies), a member-owned milk marketing and processing cooperative. After Cal Dairies instituted internal production quotas for its members and reduced payments for milk deliveries in excess of the quotas, Scheenstra sued for breach of contract claiming his quota was too low. The contract provision in question obliga

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Donald Garner v. Foremost Insurance Croup

Donald Garner sued Foremost Insurance Croup and Tommy L. Thomas on strict liability theories claiming:

1. Plaintiffs are residents of Noble in Cleveland County, State of Oklahoma.

2. Defendants Foremost Insurance Group (“Foremost”) is a corporation and is licensed under the laws of the State of Oklahoma to issue policies of insurance covering various casualties, including pro

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RTR Technologies, Inc. . v. Carlton Helming

These appeals call to mind that the law normally ministers to the vigilant, not to those who sleep upon perceptible rights. The tale follows.

These appeals trace their genesis to a suit brought by a Massachusetts corporation and its principals, citizens of Massachusetts, against their quondam accountant and his firm. Their complaint alleged that the defendants negligently advised

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CSL Property Management Co. and Greatland Investments, Inc. v. Thyssenkrupp Elevator Company

This is a dispute between an elevator contractor and the manager and owner of a building over the work performed and payments owed under the parties’ contracts. CSL Property Management Co. and Greatland Investments, Inc. appeal from the trial court’s summary judgment in favor of ThyssenKrupp Elevator Company. We affirm the trial court’s judgment.

Background

Greatland owns t

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Okon Eyo Onyung, M.D. v. Comfort Nkasi Onyung

Appellants Okon Eyong Onyung, M.D., The Law Offices of Yuen & Associates, P.C., The Law Offices of Yuen & Associates, PLLC, and Xenos Yuen appeal from a final judgment entered on two cases that were consolidated for a trial by jury. In one of the cases, Dr. Onyung sued appellees Comfort Nkasi Onyung (Dr. Onyung’s wife, hereinafter referenced as Mrs. Onyung), Christine Enebong Onyung (the Onyungs

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Shawn Drumgold v. Timothy Callahan

In the summer of 1988, twelve-year-old Darlene Tiffany Moore was killed by a stray bullet during a gang-related shooting in Boston. Appellant Shawn Drumgold was tried and convicted of Moore's murder in Massachusetts state court in the fall of 1989. After serving fourteen years of his life sentence, Drumgold moved for a new trial on the ground that exculpatory evidence had been withheld by several

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Donna Schlaikjer v. James D. Kaplan, M.D.

Plaintiff Donna Schlaikjer seeks reversal of the Court of Appeals' decision affirming summary judgment in favor of defendant James D. Kaplan, M.D. Schlaikjer sued Kaplan for medical malpractice arising out of surgeries to treat her tracheal stenosis. Kaplan filed a successful motion in limine to prevent Schlaikjer's subsequent treating physician and designated expert, Joel Cooper, M.D., from testi

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Roger Gorham v. Zachry Industrial, Inc.

Appellant challenges the trial court’s summary judgment in his personal injury claim against his employer. The trial court concluded that the employer had worker’s compensation immunity based upon the facts of the case. The appellant contends that material issues of fact remained as to whether he met the exception for employer immunity set forth in section 440.11, Florida Statutes. We agree wi

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The Balmoral Condominium Association v. Grace Grimaldi

The Balmoral Condominium Association (“Balmoral”) appeals from an order that granted Grace Grimaldi’s (“Ms. Grimaldi”) motion to vacate a final judgment. Because the motion was not authorized by either rule 1.530 or 1.540 of the Florida Rules of Civil Procedure, we reverse the order granting the motion to vacate and leave the final judgment intact. This case illustrates the danger of con

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Jamshid Aryeh v. Canon Business Solutions, Inc.

The common law theory of continuous accrual posits that a cause of action challenging a recurring wrong may accrue not once but each time a new wrong is committed. We consider whether the theory can apply to actions under the unfair competition law (Bus. & Prof. Code, § 17200 et seq.; hereafter UCL) and, if so, whether it applies here to save plaintiff Jamshid Aryeh‟s suit from a limitations ba

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Ken Hoagland v. Bill Butcher

In two issues, appellant Ken Hoagland challenges the trial court’s order granting appellees’ special appearance and dismissing the underlying case. We hold Hoagland pleaded jurisdictional facts that appellees committed tortious acts in Texas and appellees did not present evidence negating every basis for jurisdiction. We thus reverse the trial court’s order and remand this case for further p

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Edward Venard v. Jackson Hole Paragliding, LLC

[¶1] Appellant, Edward Venard, filed suit against Appellees in Wyoming district court to recover damages for personal injuries sustained during a paragliding lesson. Appellees filed a motion to dismiss seeking to enforce a forum selection clause contained in a “Release, Waiver and Assumption of Risk Agreement” that Mr. Venard had signed as a condition of his membership with the United States

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In re the Marriage of Howard L. Hibbard and Lydia H. Hibbard

Howard L. Hibbard (Howard) appeals from an order denying a modification of his obligation to pay his former wife, Lydia H. Hibbard (Lydia), spousal support of $2,000 per month. When the parties, who are both lawyers, divorced, their written agreement required Howard to pay to Lydia spousal support in an amount of $4,000 per month, and it allowed for a downward modification under certain limited ci

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Eitan Sobel and Vered Sobel v. City of Rutland

¶ 1. BURGESS, J. Plaintiffs, Doctors Eitan and Vered Sobel, owners of a medical office building in Rutland, appeal the superior court’s grant of summary judgment for defendant, City of Rutland. Plaintiffs sued the City for damages, claiming the City Tax Assessor (the Assessor) was negligent in providing allegedly inaccurate property tax estimates on the proposed, but not yet built

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Victor J. Shattuck v. Donna Mae Peck

¶ 1. BURGESS, J. Defendant Donna Mae Peck appeals from a superior court judgment granting plaintiff Victor J. Shattuck a writ of possession for the parties’ former residence in Cavendish and denying defendant’s counterclaim for an equitable interest in the Cavendish property and another former residence in Springfield. We affirm.

¶ 2. The facts as found by

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Theresa L. St. Louis v. Wilkinson Law Offices, P.C.

[¶1] Theresa L. St. Louis and Dale T. St. Louis appeal from a judgment entered in the Superior Court (Penobscot County, Cuddy, J.) in favor of Wilkinson Law Offices, P.C. (Wilkinson Law) on their negligent misrepresentation claim. The judgment for Wilkinson Law was entered after the close of the St. Louises’ case in a nonjury trial.

[¶2] The St. Louises argue that the court erred in f

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Vincent Peters v. The Top Gun Executive Group

Vincent Peters filed a New Jersey judgment in the trial court for domestication in Texas under the Uniform Enforcement of Foreign Judgments Act (UEFJA), TEX. CIV. PRAC. & REM. CODE ANN. §§ 35.001–008 (West 2008 & Supp. 2012). Peters appeals from the trial court‘s order vacating the judgment against appellee The Top Gun Executive Group. Peters contends that the trial court abused its discreti

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Christopher Freitas v. Wells Fargo Home Mortgage, Inc

Christopher and Diane Freitas ("appellants") attempted to negotiate a mortgage modification with their home mortgage loan servicer, Wells Fargo Home Mortgage, Inc. ("Wells Fargo"). After receiving conflicting information from Wells Fargo representatives, appellants stopped paying on their mortgage loan. Wells Fargo initiated foreclosure, and appellants sued for fraudulent misrepresentation and pro

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Joshua Davis v. Travelers Companies, Inc.

Joshua Davis and Katelynn Davis sued Travelers Companies, Inc. and James Sadler dba James Sadler Insurance Agnecy on breach of contract theories claiming:

1. The Plaintiffs are a residents of Collinsville, Oklahoma.

2. Defendant The Travelers Companies, Inc. (“Travelers”) is a foreign corporation, doing business in Oklahoma, where the insurance contract involved herein was i

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Grand Aerie Fraternal Order of Eagles v. Tyler Haywood

In this interlocutory appeal, Grand Aerie Fraternal Order of Eagles challenges the trial court’s order in which it denied Grand Aerie’s special appearance. We conclude that Grand Aerie is a nonresident corporation and that, in the context of this suit, its contacts with Texas are insufficient to establish either specific or general jurisdiction. We, therefore, reverse the judgment of the tr

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Israel Flores v. West Covina Auto Group

Israel Flores and Andrea Naasz appeal from the trial court‟s order compelling arbitration. This lawsuit arises from their purchase of a previously owned vehicle from West Covina Auto Group, LLC, doing business as West Covina Toyota (WCT), and alleges both individual and class action claims. WCT moved to compel arbitration based on an arbitration clause in the sales contract between the parties.

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Denise Brown v. American Western Home Insurance Company

Appellants Denise and Greg Brown appeal from a summary judgment granted in favor of appellee American Western Home Insurance Company. In only a single issue, the Browns contend the trial court erred by granting summary judgment. We affirm.

Background and Procedural History

Denise and Greg Brown own a condominium unit located at 4439 Travis, Dallas, Texas. Like the other condominium u

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Shane Graham v. Fort Thunder Harley-Davidson

Shane Graham sued Fort Thunder Harley-Davidson and APA of Oklahoma, L.P. claiming:

1. Plaintiff, Shane Graham, sues Defendants Fort Thunder Harley- Davidson and Dominion Enterprises, LLC, (hereafter collectively referred to as “Defendant” or “Defendants”) and allege and state the following:

2. Plaintiff is an individual who resides in Cleveland County, Oklahoma.

3. For

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Parkway Dental Associates, P.A. v. Ho & Huang Properties, L.P.

In this case, a former tenant under a commercial lease sued the former landlord and its management company asserting breach of the lease and fraud, as well as other claims. The trial court granted the defendants’ no-evidence and traditional summary-judgment motions, dismissing all of the former tenant’s claims. The lease contained a provision under which the prevailing party in any legal proce

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Lawrence P. Logsdon v. Anne M. Schmidt

Lawrence P. Logsdon sued Anne M. Schmidt and Matthew G. Logsdon on tort theories.

The claims made by the Plaintiff are not available.

Defendant Anne M. Schmidt appeared and answered as follows:

1. This Defendant admits that this Cou has jurisdiction over the pafties and the subject
matter of this action and that Tulsa County is the proper venue for this action.
<

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