Misrepresentation Law
 
Troy Heller v. Mack Odell Hill

1. On or about May 15, 2005, the Plaintiff, Troy Heller, was attacked by the Defendant, Mack Odell Hill, who stabbed him multiple times with a knife, causing him severe, traumatic, and permanent injuries.

2. As a result of said assault, Plaintiff incurred medical expenses, will incur future medical expenses, has suffered in the past and will suffer in the future excruciating physical and

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Apache Tribe of Oklahoma v. John H. Graves


¶1 Plaintiff Apache Tribe of Oklahoma appeals from an order of the trial court granting summary judgment in favor of John H. Graves. Pursuant to Supreme Court Rule 1.36, 12 O.S.2011 ch. 15, app. 1, we review this record without appellate briefing. After review, we conclude that genuine issues of material fact remain precluding the entry of summary judgment. Accordingly, we reverse and remand

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Rebecca Gonzalez v. Fresenius Medical North America

Plaintiff-Appellant Rebecca Gonzalez (“Relator”) brought a qui tam action under the False Claims Act (“FCA”), 31 U.S.C. § 3729 et seq., against Defendants-Appellees Fresenius Medical Care North America, Fresenius Medical Care Holdings, Inc., Bio-Medical Applications of Texas, Inc. (collectively, “Fresenius”), and Alfonzo Chavez, M.D. Relator also brought retaliation claims against Fre

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Larry Murphy v. Allstate Insurance Company

2 Plaintiff brought this fraud action against defendant, alleging that he had
3 relied on statements by one of defendant's claims adjusters in entering a contract with a
4 contractor for repair work on plaintiff's rental property and, as a consequence, had been
5 damaged by the contractor's failure to obtain the building permits necessary to perform
6 the repairs and to make the re

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Jean Conway v. Dallas Durell and Kelly Soliz

Appellant, Jean Conway, appeals from a final summary judgment entered in favor of appellees, Dallas Durell and Kelly Soliz. We affirm.

I. BACKGROUND

Appellant and Durell were involved in a same-sex relationship beginning in 1978 and cohabitated almost continuously for the next 30 years. In 1998, Durell was diagnosed with a terminal illness. She and appellant moved to Rockport, Texas,

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Joseph C. Hubbard v. Bankatlantic Bancorp, Inc.

This appeal concerns a private securities fraud class action brought under § 10(b) of the Securities Exchange Act of 19341 and SEC Rule 10b-52 against a bank holding company, BankAtlantic Bancorp, Inc., and its management (collectively, “Bancorp”)3 by State-Boston Retirement System, a shareholder and the lead plaintiff. State-Boston sought to prove at trial that the holding company had misrep

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Petrohawk Properties, L.P. v. Chesapeake Louisiana, L.P.

What follows is the tale of competing mineral leases on the Louisiana property of Lee and Patsy Stockman during the Haynesville Shale leasing frenzy. In April 2008, the Stockmans entered into an extension of their mineral lease with Chesapeake Louisiana, L.P. and received a $240,000 bonus. In May 2008, the Stockmans entered into a mineral lease with Petrohawk Properties, L.P. for a $1.45 million b

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Michael A. Willis v. William J. Lepine

Plaintiffs Michael Willis and Kendrick Owens, 14 and 16 years old, respectively, were arrested outside of Willis’s home for allegedly dealing drugs. After being transported to the police station, Willis and Owens claim that they were subjected to a strip search before being confined for several hours. Willis and Owens were released to their families after being charged with conspiracy to deliver

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Robert Young v. Allstate Insurance Company

Robert and Ethel Young appeal the district court’s grant of summary judgment in favor of Allstate Insurance Company (“Allstate”). The Youngs filed this action to recover for losses sustained after a fire damaged their home. Allstate denied the Youngs’ insurance claim, asserting that the Youngs misrepresented material facts regarding their losses. The district court granted summary judgment

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Herbert Lawrence Polinard v. Ralph A. Medina

Appellant, Herbert Lawrence Polinard, challenges the trial court’s dismissal of his lawsuit against appellees, Ralph A. Medina and Ann Anthony, LLC (“Ann Anthony”), for want of prosecution. By two issues, Polinard contends that the trial court erred in dismissing the case and in denying his motion to reinstate. We affirm.

I. BACKGROUND

On September 24, 2009, Polinard sued M

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Samson Resources Co. v. Newfield Exploration Mid-Continent

¶1 In August of 2009, Samson Resources Company owned oil and gas leases covering 87.78 mineral acres in Roger Mills County, Oklahoma, including the Schaefer Lease. The Schaefer Lease covered 70 net acres in the Southwest Quarter of Section 28 and had a three-year primary term that ended on November 22, 2007. If drilling operations were commenced by the end of the primary term, the lease would con

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Rochelle Olio v. Joseph Olio

¶ 1. The trial court dismissed wife’s post-divorce motion for relief from judgment based on husband’s alleged fraudulent concealment of assets without requiring completion of the discovery sought by wife, and without a hearing. We conclude that wife’s motion was time-barred and affirm.

¶ 2. Wife and husband entered into a stipulated final divorce agreement

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Dr. Tim Ioannides v. Dr. Richard A. Romagosa

Dr. Tim Ioannides appeals a final judgment entered in favor of Dr. Ricardo Romagosa after a jury found him liable for both breach of contract and fraudulent inducement. He argues that the trial court erred in denying his motion for summary judgment o n th e fraudulent inducement claim because any alleged fraudulent oral representations that he made to Dr. Romagosa regarding his earnings were adequ

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Trang Ngoan Le v. Tung Phuong Nguyen

Trang Ngoan Le, the former wife, appeals a final judgment of dissolution of marriage that incorporated the provisions of a marital settlement agreement (MSA) and parenting plan entered into with Tung Phuong Nguyen, the former husband. On appeal, the former wife argues that the court should have set aside the MSA and parenting plan.

We affirm in all respects, except as to the parenting plan.

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CFC of Delaware, LLC v. Teresa Santalucia

We grant appellee’s motion to correct scrivener’s error, withdraw the opinion issued on June 13, 2012, and reissue the opinion as follows: CFC of Delaware LLC (“CFC”) appeals an order denying its motion to compel Teresa Santalucia (“Santalucia”) and her daughter to submit their claims to arbitration. The agreement to arbitrate is contained within a loan agreement between CFC and Santal

More...   $0 (07-05-2012 - FL)

Cynthia Sotelo v. Medianews Group, Inc.

Cynthia Sotelo, Jose Garcia, Jessica Garcia, Joseph Garcia, Ashley Garcia, Tiffany R., and Brandon L., appeal from the trial court‟s denial of their motion for class certification in a suit alleging that respondents engaged them, and those similarly situated, to work as independent contractors though they were actually employees, and that as a result of this misclassification, respondents are li

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Michele M. Pitts v. Farm Bureau Life Insurance Company

This case requires us to determine whether a life insurance agent owes a duty of care to the intended beneficiary of a life insurance policy. Additionally, we must decide whether a life insurance agent can be liable for negligent misrepresentation when he provides information to the insured and the intended beneficiary regarding the beneficiary designation listed on the life insurance policy. If w

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Todd Kurtin v. Bruce Elieff

We affirm the trial court‟s judgment holding defendant Bruce Elieff liable for misstating his authority to bind a group of real estate businesses known as the “Joint Entities” in the course of agreeing to buy out his former partner, plaintiff Todd Kurtin. We affirm the trial court‟s posttrial order denying Elieff‟s motion for judgment notwithstanding the verdict. And we affirm the trial

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James R. Cleveland v. Robert G. Taylor

Appellees, Robert G. Taylor II, Joseph F. Archer, Claiborne Bruce, Allam Alshayeb, Russ Himel, Raymond Chachere, Dennis McLaughlin, Dale Gorman, Louay Joubarani, Seman Matta, and Carlo Congelosi (collectively, “the Investors”), sued appellants, James R. Cleveland, Paul R. Cleveland, Kellie L. Dorman, Nicos Energy, LLC, Oasis Petroleum, LLC, and Lone Star Land & Exploration, LLC (collectively,

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Ralph Sevelin v. Martin Van Meter

¶1 The sole issue presented for review is whether the victorious defendant - in this action to recover damages alleged to have resulted from a failure of defendant real estate broker to properly perform under an oral contract relating to the purchase of real estate and construction of a home - is entitled to recover his attorney fee expense from his adversary. The trial court held that he was and

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First Quality Carpets, Inc. v. Warren Kirschbaum and Wynne Kirschbaum

¶ 1. BURGESS, J. Appellants Warren and Wynne Kirschbaum (the Kirschbaums) appeal the ruling of the Chittenden Civil Division in favor of appellee First Quality Carpets, Inc. (First Quality) in a dispute over carpet installed in 2007. The Kirschbaums argue that the civil division erred in awarding First Quality attorney’s fees under 9 V.S.A. § 4007(c) of the Prompt Pay Act becau

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Trenton Pierce v. Western Surety Company

Vehicle Code1 section 11710 requires a licensed motor vehicle retail dealer to procure and file a bond in the amount of $50,000. Any person who suffers a loss by reason of the dealer‟s fraud has a right of action against the dealer and the surety on the bond in an amount not to exceed the value of the vehicle purchased. (§ 11711, subd. (a).) Here, respondent Trenton Pierce made a section 11711

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State of Oklahoma Bar Association v. Rohit Chandra Sharma

¶1 On May 23, 2012, the Oklahoma Bar Association (Bar Association), notified the Court that the respondent, Rohit Chandra Sharma (lawyer/respondent), had resigned from the Oklahoma Bar Association pending disciplinary proceedings. The disciplinary proceedings relate to: misappropriation of client funds; misrepresentation of facts and the status of those funds to the client and to the Bar Associat

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State of Wisconsin v. Abbott Laboratories

¶1 This case comes before us on certification from the court of appeals. The State brought a civil action against Pharmacia Corporation ("Pharmacia"), alleging that the company reported inflated drug prices to Wisconsin Medicaid. A jury found Pharmacia liable for violating Wisconsin Statutes sections 100.18(1) (1992)[1]——the Deceptive Trade Practices Act ("DTPA")——and 49.49(4m)(a)2. (

More...   $9000000 (06-23-2012 - WI)

Chana Horowitz v. Francisc Berger

In this interlocutory appeal, Chana Horowitz challenges the trial court’s denial of her special appearance. We reverse and remand with instructions to the trial court to dismiss Horowitz from the suit for lack of personal jurisdiction.

I. FACTUAL AND PROCEDURAL BACKGROUND

Chana Horowitz is an Israeli citizen residing in Israel, where she worked as an independent contractor for the

More...   $0 (06-21-2012 - TX)

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