Misrepresentation Law
 
George Rabon v. Arrow Exterminating, Inc.

Arrow Exterminating, Inc. (Arrow) and Twin City Fire Insurance Co. (collectively, Appellants) appeal from the circuit court's order reversing the Appellate Panel and finding that George Rabon was an employee of Arrow and suffered a compensable injury. Appellants argue the court erred in reversing the Appellate Panel because Rabon made a material misrepresentation in his employment application, wh

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Alphonsus O. Ezeoke v. Cynthia Tracy

Alphonsus O. Ezeoke appeals from an order awarding attorney’s fees and expenses as sanctions against him and in favor of Cynthia Tracy. We reverse and remand.

BACKGROUND

This appeal arises from litigation in which attorney Ezeoke represented Jossie Herrera and attorney Tracy represented Natanael Herrera.

Jossie and Natanael Herrera were divorced on April 2, 2008. Acting on

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Kathleen Mayer v. Countrywide Home Loans

After Kathleen Barbara Mayer defaulted on her mortgage, Countrywide Home Loans (Countrywide) foreclosed on the property. Mayer filed suit, alleging that Countrywide violated Minnesota’s Farmer-Lender Mediation Act (FLMA), Minnesota Statutes § 583.20-583.32 (2008), by failing to engage in mediation before foreclosure. Countrywide moved for summary judgment, and in her memorandum in opposition to

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Debra Parks v. Alpharma, Inc.

Debra Parks, the Appellant, filed a one-count complaint in the Circuit Court for Baltimore City alleging that she had been “wrongful[ly] terminat[ed] . . . in violation of public policy” from her job at Alpharma, Inc., the Appellee, a pharmaceutical company incorporated in Delaware, which had been headquartered in Bridgewater, New Jersey until being acquired in November of 2008 by King Pharmac

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Wayne DeMarco v. Travelers Insurance Company

What are the responsibilities of an insurance company when a single motor vehicle collision results in multiple claims being asserted against the insureds, which claims in the aggregate exceed the policy limits? That, in essence, is the question that this appeal calls upon us to answer.

The defendant, Travelers Insurance Company (Travelers),1 appeals from the Superior Court’s grant of par

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C & J Vantage Leasing Co. v. Thomas Wolfe d/b/a Lake MacBridge Golf Course

Thomas Wolfe d/b/a Lake MacBride Golf Course and Thomas Wolfe, individually (hereinafter collectively referred to as Lake MacBride), seek a ruling reversing the district court‘s entry of summary judgment in favor of C & J Vantage Leasing Company, assignor to Frontier Leasing Corporation, assignee, and dismissal of Lake MacBride‘s counterclaims and third-party claims. The court of appeals affir

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Mark Peak v. Ellis Adams

Iowa has a strong public policy favoring settlements. This appeal decides the enforceability of a “Release of All Claims” that plaintiff, Mark Peak, signed on the advice of his attorney. Peak broke his leg while helping defendants, Ellis and Rachel Adams, move furniture using a rented U-Haul truck. The liability insurer for U-Haul paid its policy limits of $20,000 to Peak and his attorney in e

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Annett Holdings, Inc. v. Kum & Co., L.C.

A dishonest employee of a trucking company put money in his pocket while claiming to be buying fuel for his fellow employees. This fraud was perpetrated at a truck stop, where the employee used his company credit card to obtain cash while reporting purchases of fuel. The truck stop paid out the cash, accepting the employee’s bogus explanation that the money was for other employees’ fuel purcha

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Troy Myers v. Farm Bureau Town & Country Insurance Company of America

Plaintiff Troy Myers (Myers) brought suit against defendant Farm Bureau Town & Country Insurance Company of Missouri (Farm Bureau) following Farm Bureau’s denial of Myers’ personal property claim after a fire loss. A jury found in favor of Myers for breach of contract and vexatious refusal to pay, and the trial court entered judgment according to the jury’s verdict. Farm Bureau appealed, and

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George McCullough v. Commerce Bank

George McCullough ("McCullough) and James Cranston ("Cranston") (collectively "Appellants") appeal from the trial court's judgment denying their motion for new trial after a jury trial resulted in a verdict in favor of Commerce Bank on claims of employment discrimination. Appellants contend that the trial court erred in: (1) applying the wrong standard to claims raised in their motion for new tria

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The Estate of Jerry A. Amaro v. City of Oakland

This interlocutory appeal requires us to resolve only the following question certified by the district court: whether the doctrine of equitable estoppel should apply where a plaintiff believes she has a 42 U.S.C. § 1983 claim but is dissuaded from bringing the claim by affirmative misrepresentations and stonewalling by the police. We hold that the equitable doctrine does apply in such a context a

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Richard M. Owen v. Option One Mortgage Corporation

Appellants, Richard M. Owen and Marsha Long Owen (“the Owens”), appeal the trial court’s dismissal of their tort claims against appellee, Option One Mortgage Corporation, a/k/a Sand Canyon Corporation (“Option One”), and they also appeal the trial court’s award of an injunction bond to Option One. In three issues, the Owens argue that the trial court erred (1) in sustaining Option One

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Robert B. Allen v. Devon Energy Holdings, L.L.C.

This appeal is from a traditional summary judgment in a securities fraud lawsuit. The dispute arises out of the redemption of a minority interest owned by Robert Allen in a closely-held natural gas exploration and development company, Chief Holdings, LLC. Allen claims that Chief and Trevor Rees-Jones, Chief’s manager and majority owner, fraudulently induced him to redeem his interest two years

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Berry v. Stevens

¶1 This is an appeal from a judgment and decree of the district court of Caddo county, refusing the rescission and cancellation of a deed executed the 1st day of November, 1929, by the plaintiffs, David Berry and wife, to the defendants A. J. Stevens, Theodore Pruett, and Grover C. Wamsley, conveying an undivided two-fifths interest in 160 acres of land in Caddo county, Okla., to said grantees, a

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White v. Harrigan

¶1 In this opinion E. A. Harrigan et al. will be referred to as plaintiffs. and S. O. White et al. as defendants; they so appearing in the trial court. This is a suit by the plaintiffs to cancel a deed, alleged to have been secured from them by fraud, and certain other deeds and instruments of writing for the reason the same were a cloud on the title to the lands involved in this suit. The judgme

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Foreman v. Henry

¶1 This action was originally commenced by Charlie Willie Henry, defendant in error, against Fanny Bell Foreman, plaintiff in error. The amended petition upon which the cause was tried was filed in the district court of Sequoyah county on the 11th day of May, 1919.

¶2 The facts as shown by the testimony were that Fannie Bell Foreman was the second wife of Hiram V. Lender, and stepmother o

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United States of America v. General Dynamics

Relator Dimitri Yannacopoulos brought this qui tam suit under the federal False Claims Act. He alleges that defendants General Dynamics Corporation and Lockheed Martin Corporation violated the False Claims Act in a number of ways in a sale of F-16 fighter jets to Greece, which paid for the jets with money borrowed from the United States.

The district court granted summary judgment against Y

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Andrea J. Felts v. CLK Management, Inc.

{1} The opinion filed in this case on March 2, 2011, is hereby withdrawn, and the following opinion is filed in its place. The motions for rehearing filed by Defendants are denied.

{2} In this consolidated case, Defendants CLK Management, Inc. (CLK) and Cash Advance Network, Inc. (CANI) (collectively, Defendants) appeal the district court’s denial of their respective motions to compel a

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Clarence E. Doerr v. Joe V. Henry

¶1 This is a real estate mortgage foreclosure action in which the defending mortgagors filed a counterclaim for cancellation of the mortgage, rescission of the real estate sales contract, and damages for breach of contract and fraud.

¶2 The trial court granted the plaintiffs a decree of foreclosure and denied the defendants relief on their counterclaim.

¶3 We reverse and reman

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John Gish v. ECI Services of Oklahoma, Inc.

¶1 Appellant seeks review of the order of the trial court denying a Motion for New Trial/Remittiter and Judgment Not Withstanding the Verdict (JNOV) filed by Defendant/Appellant ECI Services of Oklahoma, Inc., a subsidiary of Equity Corporation International of Texas now known as SCI Oklahoma Funeral Services, Inc. (ECI) after entry of a $4.5 million jury verdict in favor of Plaintiff/Appellee Jo

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Kerline Ferere v. William Shure, M.D.

The plaintiff appeals from: (1) orders granting the defendants’ motions for attorney’s fees and costs under section 57.105(1), Florida Statutes (2008), following a mistrial; and (2) final judgments for the defendants following a second trial. We reverse the orders granting the defendants’ motions for attorney’s fees and costs, but affirm the final judgments.

The plaintiff sued her

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Novastar Mortgage, Inc. v. Shedrick Arbonnetta Bucknor

Novastar Mortgage, Inc., challenges the trial court's order granting Shedrick Arbonnetta Bucknor's motion to set aside and vacate the final judgment of foreclosure and to void the foreclosure sale, the certificate of sale, and the certificate of title. Because the trial court granted Bucknor's motion without first conducting an evidentiary hearing, we reverse.

Novastar moved to foreclose th

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Jerette Lucas v. ADT Security, Inc.

In this workers’ compensation case, Claimant challenges an order of the Judge of Compensation Claims (JCC) denying benefits on the ground she violated section 440.105, Florida Statutes (2006), by making false or misleading statements for the purpose of obtaining workers’ compensation benefits. Claimant also challenges the JCC’s findings in the alternative that she is not entitled to temporar

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Glenn M. Moss, Jr. v. Robert Kroner

Glenn Moss, Jr. appeals the dismissal of his action against Robert Kroner and Robert E. Kroner Insurance Services, Inc.1 (collectively, the Kroner defendants) after they successfully demurred to his Fourth Amended Complaint and the trial court denied leave to amend. We reverse the judgment, conclude that Moss stated two viable causes of action under the Corporations Code, and remand the matter to

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Meadow Valley Contractors, Inc. v. State of Utah Department of Transportation

¶1 This appeal comes to us following a bench trial in a breach of contract action. The trial court concluded that the Utah Department of Transportation (UDOT) breached its contract with Meadow Valley Contractors (MVC) when UDOT’s project engineer told MVC and its subcontractor, Southwest Asphalt Paving (Southwest), that they could not use “ribbon paving” on portions of an Interstate 215 fre

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