Misrepresentation Law
 
In re: Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices, and Products Liability Litigation

WHEREAS, on November 5, 2009, Seong Bae Choi filed a class action complaint in Seong Bae Choi, et al. v. Toyota Motor Corp., et al., No. 2:09-8143 (C.D. Cal.), alleging, among other things, that Toyota (as defined below) designed, manufactured, distributed, advertised and sold certain automobiles containing an alleged defect that allegedly would allow sudden unintended acceleration of the vehicle

More...   $1000000000 (12-27-2012 - CA)

Clive Cussler v. Crusader Entertainment, LLC

Defendant Crusader Entertainment, LLC, now known as Bristol Bay Productions (Crusader) and plaintiffs Clive Cussler and his affiliated entities (Cussler)1 each appeal a postjudgment order. There are three main issues on appeal. The first is whether the trial court abused its discretion by finding there was no prevailing party for purposes of awarding attorney fees. The second is whether the trial

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The Estate of B.I.C. v. Linda Gillen

This case stems from the death of a minor child, 23-month-old Brooklyn Coons (“BIC”), on January 20, 2008, at the hands of her father’s girlfriend. Plaintiffs-Appellants, Larry and Mary Crosetto and the Estate of BIC, filed an action alleging that a social worker, Defendant-Appellee, Linda Gillen, created the danger that resulted in the death of their granddaughter and denied them their righ

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State of Oklahoma v. Glaxosmithkline, LLC

The State of Oklahoma sued Glaxosmithkline, LLC claiming:

1. That this petition is filed and these proceedings are instituted under the provisions of the Okiahoma Consumer Protection Act, 15 O.S. §751 et. seq.

2. That standing of the Attorney General to commence this action is conferred by 15 O.S. §756.1.

3. That this Court is the proper venue for this action.

PARTIES

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Charles W. Shuck v. Wayne A. Smalls

These consolidated cases involve fee awards in a probate matter.1 In Case Number 4D10-206, Charles W. Shuck, Carol Shuck, and Sandra Shuck appeal from a final judgment awarding fees and costs to appellees Wayne Smalls and Wintter & Associates under sections 57.105 and 733.106, Florida Statutes, in litigation appellants brought to challenge the decedent’s will. On cross-appeal, appellees argue th

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Estate Of: David Daniel Finch. Rhoda Cassell v. Douglas A. Portelance, MD

A defendant in a wrongful death suit obtained an order

vacating the appointment of the personal representative. The court then

dismissed the wrongful death suit with prejudice, reasoning that the personal

representative did not have the right to pursue the wrongful death suit at the time

she filed it, and the statute of limitations had since expired. We reverse.

More...   $0 (12-06-2012 - WA)

Phillips Strickland v. Gary L. Joeris

Phillip Strickland appeals the trial court’s take-nothing summary judgment in his suit against Gary L. Joeris and Joeris General Contractors, Ltd. We reverse the trial court’s judgment on Strickland’s tortious interference with contract claim and remand that part of the case for further proceedings. We affirm the trial court’s judgment on the negligence claims.

BACKGROUND

Phi

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Sherry Parrish v. Shelter Mutual Insurance Company

Sherry Parrish sued Shelter Mutual Insurance Company, Benjamin Winfrey and David Jeffs on breach of contract, bad faith insuer liability, misrepresentation, fraud and negligence theories.

The claims made and defenses asserted are not available.

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MVP Entertainment, Inc. v. Mark Frost

Title 17 United States Code section 204(a) (section 204) of the Copyright Act provides: “A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner‟s duly authorized agent.” We affirm the entry of summary judgment against

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National Security Systems, Inc. v. Robert L. Iola, Jr.

We are called upon once again to address litigation arising out of a tax avoidance scheme devised in the late 1980s.1 Defendant James Barrett, a financial planner, induced the plaintiffs, four small New Jersey corporations and their respective owners, to adopt an employee welfare benefit plan known as the Employers Participating Insurance Cooperative (―EPIC‖). EPIC‘s advertised tax benefits,

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Jessica Mitchell Design Studios LLC v. Dorothy B. Story

1. The Plaintiff is J. Mitchell Design, L.L.C. company licensed and conducting business in the State construction, remodeling and roofing services.

2. The Defendant is Dorothy Story, an individual residing in Payne County, Oklahoma.

3. This dispute arises out of service contracts between the parties. The contracts were negotiated and executed in Payne County.

4. This Court has

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State of Oklahoma, ex rel. Oklahoma Bar Association v. Michelle Renee Rowe

¶1 On April 26, 2012, the Oklahoma Bar Association (OBA) filed a formal complaint against Michelle Renee Rowe (Respondent), OBA No. 20106, pursuant to Rule 6 of the Rules Governing Disciplinary Proceedings (RGDP), 5 O.S. 2011, Ch. 1, App. 1-A, setting forth eight (8) counts of professional misconduct in violation of Rules 1.1, 1.3, 1.4, 1.5, 1.15, 1.16(d), 3.4(c), 8.1(b) and 8.4(a)and (c) of the

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Joseph H. Whitney v. The Guys, Inc.

Plaintiff Joseph H. Whitney appeals the district court's dismissal of his declaratory judgment, contract, unjust-enrichment, tort, and shareholder claims. Applying a choice-of-law analysis, the district court dismissed the contract and unjust-enrichment claims as barred by a Delaware statute of limitations and dismissed the tort and declaratory judgment claims as derivative of the contract claims.

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Steven Gerhardson v. Gopher News Company

Steven Gerhardson, Ron Hanek, Mike Johnson, and Jim Costello (collectively, drivers) were unionized delivery drivers covered by a collective bargaining agreement (CBA). The CBA established a pension plan operated by a third-party pension management firm. A dispute arose in 2006 after the drivers’ employer and union renegotiated the CBA. The drivers sued their employer, the union, and the pension

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Laura Bryan v. Debora Coelho Gordon

Appellant, Laura Bryan, appeals the trial court’s grant of a special appearance filed by appellees, Debora Coelho Gordon and Windermere Real Estate/Lane County, in Bryan’s suit based on appellees’ alleged torts relative to their representation of Bryan in an Oregon real estate transaction. We affirm.

I. BACKGROUND

In April 2006, Bryan resided in Oregon and purchased a home ther

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John E. Gibson v. Texas Department of Insurance - Division of Workers' Compensation

In February 2011 the Texas Department of Insurance issued a cease and desist letter to Appellant John Gibson, arguing that his use of the words “Texas” and “Workers’ Comp” in the domain name of his website violated § 419.002 of the Texas Labor Code. Gibson filed a complaint in the Northern District of Texas, alleging that the statute was unconstitutional under the First, Fifth, and Four

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Bellevue Pacific Center Limited Partnership v. Bellevue Pacific Tower Condominium Owners

At issue in this case is the right to control nine parking spaces

located in the courtyard at the main entrance of the Bellevue Pacific Tower

Condominium. The trial court properly granted partial summary judgment to

Bellevue Pacific Center Limited Partnership (LP), dismissing with prejudice the

counterclaims of the Bellevue Pacific Tower Condominium Owners A

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Keith Fullington v. EQuilon Enterprises, LLC

This appeal arises out of one of a series of suits between defendant Equilon Enterprises LLC (Equilon) and plaintiff Keith Fullington (Fullington), a former Equilon franchisee. Fullington appeals the summary adjudication for Equilon of causes of action for fraud and violation of Business and Professions Code section 21148. We reverse.

FACTUAL BACKGROUND

I. Prior Litigation Between th

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Dorothy Ollie v. Plano Independent School District

Dorothy Ollie brought breach of contract and tort claims against the Plano Independent School District (PISD), Tamira Griffin, individually and as the PISD’s Executive Director of Human Resources, Douglas Otto, individually and as the PISD’s Superintendent of Schools, and Tammy Richards, individually and as President of the PISD’s Board of Trustees, based on the termination of Ollie’s empl

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GTFM Car Company, Inc. d/b/a U.S. Car Company v. Lorena Rodriguez

Appellee Lorena Rodriguez sued appellant GTFM Car Company, Inc. d/b/a U.S. Car Company (“GTFM”) for breach of contract and violations of the Texas Deceptive Trade Practices Act (“DTPA”) based on the claim that GTFM failed to transfer title to a vehicle purchased by Rodriguez to Rodriguez within the time prescribed by statute. Rodriguez moved for summary judgment on her claims, and the tria

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Richard A. Haase v. GIM Resources, Inc.

In this fraud case, Richard Haase appeals the trial court’s summary judgment order in favor of GIM Resources, Inc. and Chris Bloch (collectively, GIM). On appeal, Haase contends that the trial court erred in (1) granting summary judgment in favor of GIM on Haase’s fraud claim, (2) denying his motion to compel production, and (3) denying Haase his right to a jury trial. Finding no error, we aff

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Stephen J. Aldrich, Jr. v. Kristin K. Aldrich

A divorced couple with one child agreed in 2006 that the mother would cover all of the child’s travel costs in lieu of paying child support. The superior court approved the couple’s agreement. In 2010, the father filed a motion arguing that the 2006 agreement was invalid under Alaska Civil Rule 90.3, which had not been addressed in the superior court’s original order. The father requested th

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Liberty Mutual Insurance Company v. Christine Schwanenberg

2 Claimant Christine Schwanenberg is the surviving spouse of a deceased
3 worker, Roark Schwanenberg, who died in a helicopter crash while working as a pilot for
4 employer Carson Helicopters, Inc. Respondent Liberty Mutual Insurance Company is
5 Carson's workers' compensation insurer and the paying agency on claimant's claim for
6 workers' compensation benefits. Liberty seeks revi

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Gene Horton v. John H. Nelson

2 Plaintiff appeals a limited judgment dismissing plaintiff's claims against
defendants John and Linda Nelson.1 3 Plaintiff brought a claim for common-law fraud and
4 violation of Oregon's Unlawful Trade Practices Act (UTPA) against Nelson Equipment
5 Corporation (the company); defendants, as the owners of the company; and Kennedy, an
6 employee of the company. Defendants moved und

More...   $0 (10-03-2012 - OR)

Lorena Alamo v. Practice Management Information Corporation

Appellant Practice Management Information Corporation (PMIC) appeals from a judgment in favor of its former employee, respondent Lorena Alamo, following a jury trial on Alamo‟s causes of action for pregnancy discrimination and retaliation in violation of the California Fair Employment and Housing Act (FEHA) and wrongful termination in violation of public policy. On appeal, PMIC argues that the t

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