Misrepresentation Law
 
Elk Ridge Lodge, Inc. v. George M. Sonnett

[¶1] George M. Sonnett, Jr., and Wendy Z. Burgers-Sonnett purchased approximately twenty acres of land and improvements in Sublette County, Wyoming, from Elk Ridge Lodge, Inc. To finance part of the purchase price, the Sonnetts gave Elk Ridge a promissory note secured by a mortgage on the property. They later defaulted on the note, and Elk Ridge filed suit against the Sonnetts seeking judgment an

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Jerry Lee Bustos v. A&E Television Networks

Can you win damages in a defamation suit for being called a member of the Aryan Brotherhood prison gang on cable television when, as it happens, you have merely conspired with the Brotherhood in a criminal enterprise? The answer is no. While the statement may cause you a world of trouble, while it may not be precisely true, it is substantially true. And that is enough to call an end to this litiga

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Mike Touris v. Flathead County

¶1 Mike Touris and Chuck Sneed (“Touris”) appeal from an order of the District Court, Eleventh Judicial District, Flathead County, granting summary judgment in favor of Flathead County, Bigfork Land Use Advisory Committee, Flathead County Planning Board, Flathead County Board of Commissioners, Flathead County Planning and Zoning Office, Flathead County Zoning Administrator Jeff Harris, and Do

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Randy Hoffer v. City of Boise

Randy Hoffer challenges the district court’s dismissal of three of his five tort claims against the City of Boise (the City). The district court dismissed Hoffer’s claims of tortious interference with contract and defamation against the City because it held as a matter of law that under the Idaho Tort Claims Act (ITCA) and this Court’s holding in Sprague v. City of Burley, 109 Idaho 656, 710

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Mark Strawn v. Farmers Insurance Company of Oregon

2 The defendants in this case -- which we will collectively refer to in the
singular as Farmers1 3 -- have petitioned this court to reconsider its opinion affirming the
4 trial court judgment against it for approximately $900,000 in compensatory damages and
5 $8 million in punitive damages. Strawn v. Farmers Ins. Co., 350 Or 336, ___ P3d ___
6 (2011). In the petition, Farmers conte

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Scott Slagle v. Josh Prickett, M.D., Nikki Long, M.D. and Nalini Reddy, M.D.

Appellant, Scott Slagle, appeals the trial court's judgment, dismissing his health care liability case against Appellees, Dr. Nalini Reddy, Dr. Josh Prickett, Dr. Nikki Long, and Diane Ott. In six issues on appeal, Slagle complains of the trial court's entry of summary judgment and dismissal of the case, alleges violations of the federal and state constitutions, alleges there was ex parte communic

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Ashleigh Pruell v. Caritas Christi

In September 2009, Ashleigh Pruell and Amy Gordon filed this putative class action in Massachusetts Superior Court against named hospitals in the Caritas Christi hospital network and two of its senior executives (collectively, "Caritas"). Pruell and Gordon, employees of Caritas, purport to represent a class of over 12,000 Caritas hospital employees and claim that they and other class members were

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Cat Charter, LLC v. Walter Schurtenberger

The Federal Arbitration Act (the “FAA” or the “Act”), 9 U.S.C. § 1 et seq., provides for expedited and limited judicial review of arbitration awards, id. §§ 9–11. Section 10(a) of the Act delineates four grounds that permit a court to vacate an award. The question here is whether arbitrators “exceeded their powers”—thereby justifying vacatur of their award under § 10(a)(4)—wh

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Phillip A. Collins v. America's Servicing Company

Phillip Collins, one of the many Americans who purchased a house in the early 2000s, filed suit against America’s Servicing Company (ASC), claiming it violated the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. §§ 2605, et seq., as well as Indiana’s Home Loan Practices Act (IHLPA), IND. CODE § 24-9-1-1 et seq., when, after he fell behind in his payments, it assessed monthly late f

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Hope Huerta v. Bioscrip Pharmacy Services, Inc.

Following a catastrophic rejection of her transplanted kidney in May of 2006, plaintiff-appellant Blanca Valdez-Huerta, by and through her mother, Hope Huerta, (collectively, “Huerta”), brought this diversity jurisdiction action against BioScrip Pharmacy Services, Inc. (“BioScrip”) in the District of New Mexico. Huerta asserted claims under New Mexico law for strict products liability, neg

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Jane Uche Amadi, Constance Nnadi, and World Anointing Center Ministries, Inc. v. City of Houston

In this case brought under the Texas Tort Claims Act (“TTCA”),[1] the appellants challenge the trial court’s order granting the City of Houston’s plea to the jurisdiction. Because we conclude that the City of Houston (the “city”) has consented to suit, we reverse and remand.

BACKGROUND

Jane Uche Amadi, Constance Nnadi, and World Anointing Center Ministries, Inc. (col

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Lawrence Marshall Dealership v. Ian Meltzer

The trial court entered a take-nothing judgment against Lawrence Marshall Dealerships after a jury excused Ian Meltzer’s breach of contract because of mutual mistake. On appeal, Lawrence Marshall argues the trial court erred in submitting the mutual-mistake question to the jury because there was no evidence that Meltzer offered to restore to Lawrence Marshall the consideration he received under

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Drury Southwest, Inc. v. Louie Ledeaux #1, Inc.

The Appellee’s motion for rehearing is granted in part and denied in part. We withdraw our opinion and judgment of April 13, 2011, and substitute this opinion and judgment.

Drury Southwest, Inc. appeals the trial court’s judgment awarding Louie Ledeaux #1, Inc. over one million dollars in damages under the Texas Deceptive Trade Practices Act (DTPA). Drury raises several issues: (1) th

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Denise Cox v. Zurn Pex, Inc.

Minnesota homeowners brought this action1 against Zurn Pex, Inc. and Zurn Industries, Inc (Zurn) alleging that brass fittings used in the company's cross linked polyethylene (PEX) plumbing systems are inherently defective. In pretrial motions the homeowners sought class certification for their consumer protection, warranty, and negligence claims, and Zurn moved to strike the testimony of two of th

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Schreiber Foods, Inc. v. Lei Wang

In a diversity suit that presents issues of Wisconsin common law, Schreiber Foods charges Lei Wang with fraud. The district court granted summary judgment in favor of the defendant on the ground that the suit was barred by Wisconsin’s version of the economic-loss doctrine of tort law.

Lei Wang is an American citizen of Chinese descent who owns an automotive-parts supply business in Chicag

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Ines Orta v. Michael Suarez

Ines Orta appeals from a final judgment of dissolution of marriage denying her petition to relocate to California with the parties’ minor child. For the following reasons, we reverse.

The parties were married on October 9, 2002, in Caracas, Venezuela. The petitioner husband, Michael Suarez, then fifty-three years old, is a Florida resident and self-employed consulting engineer. The respon

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Residential Savings Mortgage, Inc. v. Ramona Keesling

Ramona Keesling filed suit against Residential Savings Mortgage, Inc., based on claims of fraud and negligence regarding Residential's solicitation of and inducement to Keesling to take out a new mortgage loan. Residential appeals a nonfinal order denying its motion to transfer venue from Pinellas County to Broward County. We reverse and direct the trial court on remand to transfer venue to Browa

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Schneider v. Liberty Asset Management.

. New roof and brand new central air. Has large closets in both bedrooms, formal dining room, kitchen also has room for dining, large living room, oversized, detached garage. Home is in great established neighborhood and located right across from a park."

Drake testified that he did not discuss the information to be put in the MLS statement with Boldea. Drake testified that he never saw the

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Jason L. Osterhaus v. Jean Betty Toth

This case arises out of the sale of a home which was later discovered to have structural flaws. Jason Osterhaus, a first-time home buyer, brought an action against the seller (Jean Betty Toth), Toth's real estate agent (Jeffrey Schunk), and Schunk's company (TopPros Real Estate, Inc.). Osterhaus alleged deceptive and unconscionable acts under the Kansas Consumer Protection Act (KCPA), K.S.A. 50-62

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Kyle Edward Hicks v. La'Kesha Marie Haynes Hicks

In this divorce case, Kyle Edward Hicks (“Husband”) complains of errors in a domestic relations order and in the final decree of divorce. He also contends that the trial court abused its discretion by awarding appellee, La’Kesha Marie Haynes Hicks (“Wife”), attorney’s fees and expenses in the order denying Husband’s motion to correct or reform the judgment. We affirm the final decr

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Jessica Bowwer v. AT&T Mobility

Jessica Bower appeals from the judgment entered after the trial court sustained without leave to amend the demurrer of AT&T Mobility, LLC, AT&T Inc. and AT&T Corporation (collectively, AT&T) in this action based on Bower‟s alleged payment of $15.50 as part of her purchase of a cellular telephone. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

1. Bower’s Original Complaint

On

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Phyllis Williams v. DeJeaux Williams

A divorced mother appeals the superior court’s denial of four motions to reconsider child support, visitation arrangements, appointment of a court custody investigator, and her share of her ex-husband’s military retirement pay. We affirm the superior court’s decision on each issue except for visitation, which we decline to reach on mootness grounds. We also reject the mother’s claim that t

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Geoffery E. Neff v. Sandtrax, Inc.

Plaintiffs appeal from a judgment regarding the boundary between their parcel and defendants' parcel. The boundary dispute arises from the existence of two possible locations for a section corner: the "BLM corner" or the "Buckingham corner."(1) The boundary between plaintiffs' and defendants' parcels depends on the corner's location, resulting in a disputed area of .12 acres. Finding for defendant

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Parker Jensen v. Kari Cunningham

¶1 This appeal is the latest stage in a protracted dispute between the State of Utah and Barbara and Daren Jensen regarding the proper medical care of the Jensens’ son, Parker. In it, we must balance the right of parents to direct the medical care of their child with the State’s interest in protecting the health and safety of children within its borders.

¶2 A doctor who was treating P

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Bob & Sherri Bahr v. Jim & Melodee Imus v.

¶1 Rob and Sherri Bahr and Ione Senn (the “Bahrs”) filed this suit to challenge the location of the boundary between their residential property and that of their neighbors, Jim and Melodee Imus.

The district court entered summary judgment in favor of the Imuses, concluding that the Bahrs were precluded from challenging the boundary established by a fence on the property under the doctr

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