Misrepresentation Law
 
William Judson v. Wheeler RV Las Vegas

¶1 Plaintiffs William and Donna Judson secured a default judgment against Wheeler RV Las Vegas on a complaint asserting breach of contract and misrepresentation claims arising out of the Judsons‘ purchase of a recreational vehicle from Wheeler. Wheeler sought to set aside the default judgment, asserting surprise or ex-cusable neglect in its failure to answer the complaint, suggesting that Wheel

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Santos Martinez Salazar v. Lesvia Azucena Ramos

After Santos Martinez Salazar suffered injuries in a motor-vehicle accident, Salazar and his wife, Maria G. Martinez, Appellants, filed suit against Lesvia Azucena Ramos, Maverick County Insurance Agency, Inc. (Maverick Insurance), Elizondo Trucking, Eusebio Elizondo (Elizondo), Selicita Elizondo, and Cross-Plaintiff Roberto Perez Medina alleging negligence, gross negligence, and fraud, and seekin

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Annie Louise Edwards v. Gaylon Rains

In late 2007, Annie Louise Edwards, an illiterate sixty-seven-year-old, and Gaylon Rains, a real estate developer, signed a writing under which Edwards agreed to purchase from Rains a house in Henderson.1 Not a year later, after a dispute arose,2 Edwards stopped paying Rains, yet continued to live in the house. Rains’ lawsuit against Edwards for breach of contract and seeking possession of the p

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Joseph Leon Maddox v. Vantage Energy, LLC

Appellants Joseph Leon Maddox, Patti Lynn Maddox, and Linda Faye Weber sued Appellees Vantage Energy, LLC and The Caffey Group, LLC, pleading causes of action for breach of contract, promissory estoppel, and negligent misrepresentation. The trial court granted summary judgment for Appellees (collectively referred to as Vantage) on all of Appellants’ claims. Appellants perfected this appeal, ch

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Alfred E. West, Jr. v. Elizabeth West

Alfred and Maria West appeal from a final judgment after a bench trial on Elizabeth West’s fraud claim against them, brought in connection with her divorce from Greg West, who is Alfred and Maria’s son. In two issues, Alfred and Maria challenge the legal and factual sufficiency of the evidence to support the trial court’s findings on fraud and damages. We affirm.

Background

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Amanda Heinrich v. Waiting Angels Adoption Services, Inc.

Plaintiffs-appellants Amanda and Reece Heinrich and six other couples (referred to collectively as “plaintiffs”) appeal the district court’s order granting the second motion for judgment on the pleadings filed by defendants-appellees, Waiting Angels Adoption Services, Inc. and its principals, Simone Boraggina and Joseph Beauvais (referred to collectively as “defendants”). The district co

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Laura Demchak v. Elaine Davia

Laura and Michael Demchak appeal the trial court’s final judgment for fraudulent misrepresentation and breach of contract after a jury verdict, and the denial of their motion for directed verdict as to the fraudulent inducement claim. Because we conclude that there was no evidence to support part of the award, we reverse in part, but otherwise affirm the denial of the motions.

This appeal

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Nicolas Barzoukas v. Foundation Design, Ltd.

Nicolas Barzoukas sued Foundation Design, Ltd. and engineer Larry Smith for damages in connection with alleged defects in the foundation of Barzoukas‘s house. The trial court granted a no-evidence summary judgment on all claims asserted against Foundation Design and Smith. We affirm in part and reverse and remand in part.

BACKGROUND

Heights Development, Ltd. contracted with Bar

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Roger K. Parsons v. Robert M. Greenberg

This appeal arises from a legal malpractice suit by Appellant Roger K. Parsons against Appellees Robert M. Greenberg; Legal Services P.C.; Robert M. Greenberg, Attorney (collectively, Greenberg); Robert E. Motsenbocker; Shafer, Davis, O’Leary & Stoker, Inc. f/k/a Shafer, Davis, McCollum, Ashley, O’Leary & Stoker, Inc. (collectively, Motsenbocker); E.I. du Pont de Nemours and Company (DuPont);

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Michael Johnson v. Lisa Coppel

Appellant, Michael Johnson, appeals from the trial court’s granting summary judgment on his claims against Lisa Coppel, independent administrator of the estate of Joan Counts. In five issues, Michael claims the trial court erred by granting Lisa’s hybrid motion for summary judgment based on Michael’s (1) lack of standing; (2) suit to quiet title; (3) suit to set aside the 1997 deed of trust

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Bryan J. Brown v. Elizabeth Bowman

This case involves the scope of the Rooker-Feldman doctrine and whether the district court properly applied that doctrine to appellant’s 42 U.S.C. § 1983 claims. In April 2007, appellant Bryan Brown applied for admission to the Indiana Bar. As part of his application process, the Indiana Board of Law Examiners (BLE) requested that Brown attend hearings to investigate his application and also re

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Kevin John Sollitt v. Keycorp

John Sollitt sued his former employer, KeyCorp, in an Ohio court, claiming wrongful termination. KeyCorp removed the case to federal district court and Sollitt moved for remand, but the district court denied. KeyCorp moved for summary judgment on the merits, which the district court granted. On appeal, Sollitt contends, inter alia, that federal jurisdiction is lacking and the district court erred

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United States of America v. Rick Glen Strandlof aka Rick Duncan

Appellant Rick Strandlof was charged under the Stolen Valor Act, 18 U.S.C. § 704(b), which makes it illegal to falsely claim to have received a military award or honor. We must decide whether the Act is constitutional. Answering this question requires us to determine whether, and to what extent, the First Amendment prohibits Congress from punishing knowingly false statements of fact.

Reaso

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GM Oil Properties, Inc. v. Sheridan Wade

In this interlocutory appeal, Bill O. Wood, challenges the trial court’s August 4, 2010 order denying his motion to compel arbitration between himself and Sheridan Wade. The order expressly applies only to Wade’s claims against Wood in Wood’s individual capacity.[1] Wood raises two issues in which he contends that Wade is required to arbitrate these claims pursuant to a provision found in

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Lake Charleston Homeowners Association, Inc. v. Curtis L. Haswell

The plaintiff association appeals the circuit court’s order granting the defendant’s motion for relief from a final judgment of foreclosure. The court granted the defendant’s motion on the basis that the association, which is actually named “Lake Charleston Maintenance Association, Inc.,” misnamed itself in the affidavit in support of its motion for summary judgment as “Lake Charleston

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LPI/Key West Associates, Ltd. v. Beachcomber Jewelers, Inc.

The plaintiff, LPI/Key West Associates, Ltd. (“Landlord”), appeals from a final judgment. We reverse and remand for entry of a final judgment consistent with this opinion.

The Landlord filed an action against Beachcomber Jewelers, Inc. (“Beachcomber”), and Tim Greene (“Greene”) (collectively, “the Defendants”), alleging Beachcomber breached a lease agreement and Greene is pe

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William J. Gebhard III v. Laxmi-Vishnu Enterprises, Inc.

William J. Gebhard III appeals a judgment against him based on claims of breach of fiduciary duty, fraud, and statutory fraud arising out of a real estate transaction. On appeal, Gebhard argues the evidence was legally and factually insufficient to support the judgment, and the trial court erred in submitting certain instructions to the jury. We affirm.

BACKGROUND

In June 2006, G

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Peter Fazio v. Cypress / GR Houston I, L.P.

This is an appeal from a judgment notwithstanding the verdict. The primary issue in this appeal is whether the contractual disclaimer of reliance in the purchase agreement (the “Purchase Agreement”) for retail property of approximately 9 acres with improvements consisting mainly of a Garden Ridge store (the “Property”) barred appellant’s fraud claims in light of Schlumberger and its pro

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Michael Lind v. Beaman Dodge, Inc.

On March 28, 2006, Michael Lind (the “Plaintiff”) was injured as he stepped out of his 2004 Dodge Ram 2500 truck onto Fox Hollow Road in Christiana, Tennessee, near its intersection with Manchester Highway. Almost a year later, on March 19, 2007, he filed suit against the truck’s manufacturer, DaimlerChrysler Corporation (“Chrysler”), 1 and the seller, Beaman Dodge, Inc., d/b/a Beaman Do

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Donia Townsend v. The Quadrant Corporation

We granted review of a decision of the Court of Appeals in

which that court reversed the superior court's denial of a motion by a corporate home

seller and its parent companies to compel certain home purchasers to engage in

arbitration pursuant to an arbitration clause in the purchase and sale agreement. We

affirm the Court of Appeals.

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Damian Farrell v. Kent Whiteman

Appellants, Kent Whiteman and Whitehorse Properties, LLC, (collectively referred to herein as “Whiteman”), bring a second appeal of this case before this Court. In the original trial, Respondent, Damian Farrell, sued Whiteman for uncompensated architect services rendered for Whiteman’s West View Condominium project from 2003 to 2004. Whiteman counterclaimed arguing that Farrell was not entit

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Ashbury Park, LLC v. Greenbriar Estate Homeowners' Association, Inc.

Greenbriar Estates Homeowner’s Association (Greenbriar HOA or the HOA) and developer Asbury Park, LLC assert conflicting interests in a Greenbriar Estates Subdivision (Greenbriar Estates or the subdivision) lot upon which Asbury Park constructed storage facilities. The district court granted partial summary judgment in favor of Asbury Park. Greenbriar HOA appeals and asserts that the district co

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Matlock Place Aparemtns, L.P. v. Jeffry Druce

Appellants Matlock Place Apartments, L.P., JR TX 1, LLC, Hagop Kofdarali, Individually, and Robbie L. Sebern Burns, Individually appeal the trial court’s judgment rendered on a jury’s verdict in favor of Appellee Jeffry Druce Properties, LLC (Druce Properties).[1] Appellants contend in four issues and numerous sub-issues that the evidence is legally and factually insufficient to support the j

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Wesley Carl Retherford, Jr., d/b/a Whole House Inspection Company v. Frank Castro

Wesley Retherford, a TREC-licensed professional home inspector, appeals from a judgment entered against him pursuant to the Deceptive Trade Practices Act. TEX. BUS. & COM. CODE Ch. 17 (West 2011). Retherford was sued pursuant to the DTPA and for negligent misrepresentation. After a bench trial, the trial court entered a judgment for violations of the DTPA only. Retherford complains that the trial

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Allen Chadwick v. W. Kirk Burbage

Allen Chadwick Burbage ("Chad") appeals a judgment and permanent injunction entered in favor of W. Kirk Burbage and the Burbage Funeral Home (collectively, "Kirk"). Kirk sued his brother Chad for defamation on the basis of statements Chad made on a website and in letters to third parties. A jury awarded Kirk nearly $10,000,000 in compensatory and exemplary damages, and the trial court permanently

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