Misrepresentation Law
 
The City of Houston v. Government Employee Insurance Company

The City of Houston, appeals the trial court’s interlocutory order denying its plea to the jurisdiction.[1] In its sole issue, the City contends that the trial court erred in denying its plea because it has immunity pursuant to subsection (b) of the election-of-remedies provision of the Texas Tort Claims Act.[2]

We affirm.

Background

Jessica Gunn was driving a c

More...   $0 (12-29-2011 - TX)

The City of Houston v. Jessica Gunn

The City of Houston appeals the trial court’s interlocutory order denying its plea to the jurisdiction.[1] In its sole issue, the City contends that the trial court erred in denying its plea because it has immunity pursuant to subsection (b) of the election-of-remedies provision of the Texas Tort Claims Act.[2]

We affirm.

Background

On September 11, 2009, Jessic

More...   $0 (12-29-2011 - TX)

Alberto Rodriguez v. Government Employees Insurance Company

Alberto Rodriguez has filed a second-tier petition for writ of certiorari from an opinion rendered by the circuit court1 sitting in its appellate capacity. In his petition Rodriguez argued that the circuit court erred in affirming the summary judgment entered in the county court in favor of Government Employees Insurance Company (GEICO). He also asserted the county court erred in failing to award

More...   $0 (12-21-2011 - FL)

Anthony W. Jennings v. SSM Health Care St. Louis

Dr. Anthony Jennings ("Dr. Jennings") brought suit against SSM Health Care St. Louis ("SSM") in the Circuit Court of St. Charles County. He appeals from the trial court's granting of SSM's motion to dismiss for failure to state a claim upon which relief can be granted. Dr. Jennings argues that his claims were sufficiently pled to survive SSM's motion to dismiss. We affirm in part, and reverse and

More...   $0 (12-20-2011 - MO)

Edward J. Hanssen v. Genesis Health System

Edward and Connie Hanssen contend the district court was wrong in finding they waited too long to file their medical malpractice lawsuit against Genesis Health Systems (Genesis or the hospital). The Hanssens ask us to reverse the grant of summary judgment, urging that a genuine issue of material fact exists regarding both the date they knew about Edward’s injury and its cause, as well as whether

More...   $0 (12-21-2011 - IA)

John F. Helm v. Artie G. Kingston

This is an appeal from a judgment awarding damages and attorney‘s fees in a construction dispute. A jury found appellant, John F. Helm, liable for misrepresentation under the Deceptive Trade Practices-Consumer Protection Act (―DTPA‖), TEX. BUS. & COM. CODE ANN. §§ 17.41–.63 (West 2011), and awarded damages of over $75,000, plus $95,000 in attorney‘s fees, to appellee Artie G. Kingston.

More...   $0 (12-21-2011 - TX)

Baysystems North America, LLC v. Rosebud-Lott Independent School District

After a jury trial, the trial court entered a judgment against Appellant BaySystems North America LLC (BaySystems) and in favor of the plaintiff below, Appellee Rosebud-Lott Independent School District (the District), on the District’s negligent misrepresentation and DTPA claims. We will reverse and remand.

Background

The parties’ briefs and the record reflect the following undis

More...   $0 (12-22-2011 - TX)

Louise Lauer v. Pierce County

Louise Lauer and Darrell de Tienne separately own properties

that neighbor a lot owned by Mike and Shima Garrison. Through a Land Use Petition

Act (LUPA) petition, chapter 36.70C RCW, Lauer and de Tienne challenge a fish and

wildlife variance granted to the Garrisons by Pierce County (the County) to build a

single family residence within the protective buff

More...   $0 (12-15-2011 - WA)

Michael B. Moseley v. All Things Possible, Inc.

We granted a writ of certiorari to review the court of appeals' decision affirming the trial court judgment against Petitioner All Things Possible, Inc., for fraud in connection with a real estate transaction case, where the truth was discoverable in the public records. Moseley v. All Things Possible, Inc., 388 S.C. 31, 694 S.E.2d 43 (Ct. App. 2010). We affirm.

I.

Petitioner All Th

More...   $0 (12-12-2011 - SC)

Red Roof Inns, Inc. v. Donna Jolly and James Glick

A motel owner appeals a trial court’s judgment in favor of motel guests based upon jury findings that the motel owner violated the Texas Deceptive Trade Practices Act, asserting that the evidence at trial would not enable reasonable and fair-minded people to find that the motel owner represented that the motel was secure. Because we conclude the evidence is legally insufficient to support the tr

More...   $0 (12-15-2011 - TX)

Danielle Pickett v. Sheridan Health Care Center

Ernest T. Rossiello & Associates, P.C. successfully represented plaintiff Danielle Pickett in a Title VII retaliation suit against her employer, defendant Sheridan Health Care Center (“Sheridan”). The jury awarded $65,000 in damages to Pickett, and her attorneys then sought to recover attorneys’ fees in the amount of $131,665.88. The district court granted plaintiff’s fee request in part a

More...   $0 (12-15-2011 - IL)

Michael Lopez v. Nissan North America, Inc.

To regulate the accuracy of commercial measuring instruments, California has adopted the tolerance standards set by the National Institute of Standards and Technology (NIST). Business and Professions Code section 12500, subdivision (c),1 provides, in substance, that any commercial measuring instrument that is accurate within the relevant NIST tolerance standard is “correct.”

The instant

More...   $0 (12-05-2011 - CA)

Bank of Oklahoma v. Briscoe

Defendant, James Briscoe (Briscoe), seeks review of the trial court's grant of summary judgment to Plaintiff, Bank of Oklahoma, Trustee (BOK), in this action to foreclose a mortgage on Briscoe's home. We affirm in part, reverse in part, and remand.

On review of a trial court's summary judgment, we must look at the record in a light most favorable to the losing party--in this case,

More...   $0 (12-26-1995 - OK)

Erik E. Lang v. Warren W. Roche

Do principles of equity and fairness permit the redemption of property purchased by a judgment creditor at an invalid execution sale, though the statutory scheme characterizes execution sales as “absolute”? The answer is yes. Equitable redemption is available to those whose fundamental rights have been trampled. Citizens may not be dispossessed of their property by a “creditor” executing o

More...   $0 (11-29-2011 - CA)

Bernice Hudspeth v. Toyota Motor Credit Corporation

This case involves a dispute over a credit disability insurance policy underwritten by defendant/appellee Enterprise Life Insurance Company that plaintiff/appellant Bernice Hudspeth purchased when she bought a new car from defendant Sterling McCall Chevrolet-Toyota, Inc. The vehicle and insurance were financed through defendant Toyota Motor Credit Corporation.

We reverse and remand in par

More...   $0 (12-01-2011 - TX)

James Coddington v. State of Oklahoma

¶1 James Coddington was tried by jury and convicted of First Degree Murder in the District Court of Oklahoma County, Case No. CF-1997-1500. He received the death penalty. This Court affirmed Coddington's conviction, reversed the sentence, and remanded the case for resentencing. Coddington v. State, 2006 OK CR 34, 142 P.3d 437. Coddington again received the death penalty after a resentencing trial

More...   $0 (08-23-2011 - OK)

CDK Distribution, Inc. v. Rembrant Homes, Inc.

CDK Distribution, Inc. sued Rembrant Homes, Inc. on a breach of contract theory. Rembrant counterclaimed on a fraud and misrepresentation theory.

Docket Sheet

More...   $4698 (11-20-2011 - OK)

Novare Group, Inc. v. Sarif

We granted certiorari to determine whether the Court of Appeals erred when it reversed the trial court’s grant of judgment on the pleadings on Purchasers’ claims for fraud, negligent misrepresentation, negligent supervision, and violation of the Georgia Fair Business Practices Act (“FBPA”). We now hold that the trial court properly granted judgment on the pleadings, and, therefore, we reve

More...   $0 (11-21-2011 - GA)

Tamos Biro v. Victor H. Matz

This appeal originates from a contract for the purchase of commercial real estate in Danbury that was deeded to the buyers. The buyers appeal from the trial court’s judgment granting the sellers’ motion for summary judgment. On appeal, the buyers claim the court erred in finding there was no material question of fact with respect to their claims of breach of contract, negligent misrepresentati

More...   $0 (11-27-2011 - CT)

Richard Fellows v. Robin Tennant Colburn

The defendants, Robin Tennant Colburn and Ronald and Richard Tennant, appeal an order of the Superior Court (Sullivan, J.) denying their motion to dismiss this action by the plaintiffs, Richard and Cheryl Fellows and Benjamin Bellerose, for negligence and violation of federal law for lack of personal jurisdiction. We reverse.

The trial court’s order recites, or the record supports, the fo

More...   $0 (11-22-2011 - NH)

Hopkins & Carley v. Timothy Gens

Respondent Hopkins & Carley (H&C) secured an arbitration award against appellant Timothy Gens on a debt for unpaid bills for legal services. Gens moved unsuccessfully to vacate the award, and judgment was duly entered against him. Six months later, he brought a motion to set aside the judgment under Code of Civil Procedure section 473, subdivision (b) (§ 473(b)). Although the motion included perf

More...   $0 (11-21-2011 - CA)

Harris, Inc. v. Foxhollow Construction & Trucking, Inc.

This case involves an action for breach of contract and attendant claims of breach of the covenant of good faith and fair dealing, unjust enrichment, fraud, and indemnification. After a bench trial, Harris, Inc. (Harris), the plaintiff, lost on all claims. We affirm the district court’s judgment, except for its attorney fee awards, which we vacate.

I.

BACKGROUND

In early 200

More...   $0 (11-02-2011 - ID)

Barry Wallman v. Benjamin Suddock

Plaintiffs/appellants appeal the denial of their motions for summary judgment and the grant of defendants/respondents‟ motions for summary judgment. We conclude that defendants were entitled to summary judgment, and thus we affirm.

FACTUAL AND PROCEDURAL HISTORY

Plaintiffs Barry Wallman, Stan Wallman, and Nancy Wallman (the Wallmans) are general partners of plaintiff Sea Val Enterp

More...   $0 (11-17-2011 - CA)

Bever Properties, LLC v. Jeffry Huffman Custom Builders, LLC

Appellants Bever Properties, L.L.C. and Jesse M. Taylor, D.D.S., P.A. appeal the summary judgments granted appellees Jerry Huffman Custom Builder, L.L.C., a/k/a Jerry Huffman Custom Builders, L.L.C.; Plano Parkway Office Condominiums, a/k/a Plano Parkway Office Owners Association; Dr. Mary Ellen Kirwan, d/b/a Kirwan Chiropractic; and Dr. JoJo Cheung, D.D.S., d/b/a Esthetic Image Dentistry, and th

More...   $0 (11-16-2011 - TX)

Susan J. Salehi v. Surfside III Condominium Owners' Association

A party contemplating litigation to enforce the covenants, conditions, and restrictions (CC&Rs) of a condominium project should get the "ducks in a row." That is to say, such party should be ready to go forward procedurally and prove its case substantively. Failure to do so subjects the losing party to an award of attorney fees. Here, a condominium owner, Susan J. Salehi, filed such a suit in prop

More...   $0 (11-14-2011 - CA)

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher