Misrepresentation Law
 
Alvin Kaltman v. All American Pest Control, Inc.

In this appeal, a husband and wife filed complaints against a pest control company and its employee after the employee allegedly treated the couple’s home with a pesticide that was not approved for residential use. We consider whether the circuit court erred in sustaining demurrers to the homeowners’ claims of negligence, willful and wanton conduct, and negligence per se. The principal issue w

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Dunn, McCormack & MacPherson v. Gerald Connolly

In this appeal, we consider whether the circuit court erred when it sustained Gerald Connolly's ("Connolly") demurrer and held that Dunn, McCormack & MacPherson ("Dunn") failed to state a prima facie cause of action for tortious interference with a contract.

I. Facts and Proceedings Below

Dunn, a Virginia law firm, served as legal counsel to the Fairfax County Redevelopment and Housi

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Ricky L. Pittman v. Cuyahoga County Department of Children and Family Services

Defendant-Appellant Cynthia Hurry née Keller appeals the district court’s order denying her summary judgment on Plaintiff-Appellee Ricky Pittman’s claims under 42 U.S.C. § 1983. Hurry, a social worker employed by the Cuyahoga County Department of Children and Family Services (“CCDCFS”), was the primary case worker for Pittman’s son Najee, who was removed from his mother’s custody by

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Debbie McCravy v. Metropolitan Life Insurance Company

Plaintiff Debbie McCravy sued Defendant Metropolitan Life Insurance Company ("MetLife"), alleging, among other things, breach of fiduciary duty, and seeking damages under the "other appropriate equitable relief" provision of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1132(a)(3). The district court granted McCravy summary judgment, but limited her damages to the return of h

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Roger Burt Williams and Michelle S. Williams v. Richard Dardenne and Marilyn Dardenne

Roger and Michelle Williams appeal from a judgment based on a jury verdict in favor of Richard and Marilyn Dardenne, awarding the Dardennes damages for foundation repairs to a house the Dardennes purchased from the Williamses. In two issues, the Williamses argue that (1) the Dardennes’ claims fail as a matter of law on the basis of an “as is” provision in the parties’ sale contract and the

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Jacob Glasser v. Volkswagen of America, Inc.

Objector-appellant David Murray appeals from the district court’s order awarding attorneys’ fees and costs to Plaintiffappellee Jacob Glasser. Murray, who expressly disavows any financial interest in the fee the defendant was ordered to pay to Plaintiff’s counsel, has failed to demonstrate how he has suffered injury as a result of the fee order. We therefore dismiss his appeal for lack of st

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Robert J. Henrichs v. Chugach Alaska Corporation

A former director, accused of misconduct while serving as chair of a corporate board, appeals a jury verdict finding him liable for breach of fiduciary duty.

He also appeals a superior court order banning him from serving on the corporation’s board of directors for five years. The director argues the superior court erred by:

(1) refusing to instruct the jury on what he refers to as

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Hannon, Inc. v. Ronny Scott, d/b/a Dollar Land

Appellant Hannon, Inc. appeals from an adverse judgment in favor of Appellee Ronny Scott, d/b/a Dollar Land. In ten issues, Hannon challenges the trial court’s findings and conclusions regarding Hannon’s breach of contract claim and Ronny’s fraud counterclaim. We will suggest a remittitur of damages, but in all other respects, we will affirm.

II. Factual and Procedural Background

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Edgar L. Hull, Jr. v. South Coast Catamarans, L.P.

In this case, a buyer bought a new boat from a dealer. The buyer alleged that the boat was defective. The buyer sued the dealer, its sales representative, and the boat’s manufacturer. A visiting judge presided over a trial of the case, and a jury returned a verdict in favor of the buyer. The defendants moved for a new trial. The district judge granted the defendants’ motion for new tria

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Katherine Allen v. Jack Steele

In this appeal we review the court of appeals’ decision that plaintiffs Jack and Danette Steele stated a claim for negligent misrepresentation against an attorney with whom they did not have an attorney-client relationship. Steele v. Allen, 226 P.3d 1120, 1124 (Colo. App. 2009). The Steeles allege that attorney Katherine Allen provided them incorrect information about a statute of limitations, w

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Lawrence Jamere Taylor v. State of Oklahoma

¶1 Lawrence Jamere Taylor, Appellant, was tried by jury in the District Court of Tulsa County, Case Number CF-2008-2033, and found guilty of Count 1, murder in the first degree, in violation of 21 O.S.Supp.2006, § 701.7(A); and Count 2, shooting with intent to kill, in violation of 21 O.S.Supp.2007, § 652(A). The jury sentenced him to life imprisonment without possibility of parole in Count 1,

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Oklahoma Attorneys Mutual Insurance Company v. Capron

¶1 Appellants Stephen Capron and the law firm of Capron & Edwards, PLLC (C&E) appeal the trial court's entry of summary judgment against them in favor of Appellee Oklahoma Attorneys Mutual Insurance Company (OAMIC) in this declaratory judgment action. After reviewing the record and finding no reversible error, we find this case appropriate for summary affirmance as provided by Oklahoma Supreme Co

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Daniel Ben Tennell v. Horsehead Corporation

¶1 Petitioner Daniel Ben Tennell (Claimant) seeks review of an order of a three-judge panel of the Workers' Compensation Court affirming the trial court's decision to deny his claim. In this review proceeding, Claimant challenges the trial court's order as lacking sufficient specificity to permit intelligent review, and the order of the three-judge panel as affected by errors of both fact and law

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Worker's Auto Insurance Company v. Guy Carpenter & Company, Inc.

Workmen‘s Auto Insurance Company (company) sued Guy Carpenter & Company, Inc. (Carpenter) for negligence, breach of fiduciary duty and breach of contract. After the trial court eliminated the fiduciary duty claim during pretrial proceedings, a jury decided in favor of Carpenter. The company appeals. It contends that the trial court erred when it granted summary adjudication regarding the allegat

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Keith Margerison v. Charter Oak Homeowers Association

¶1 Plaintiffs/Appellants Keith Margerison and Robert McCullough appeal summary judgment entered in favor of Defendant/Appellee Charter Oak Homeowners Association. Appellants and Association both sought summary judgment declaring whether Appellants' gates could remain in a fence Association installed along its fencing easement on Appellants' properties. The record on appeal shows disputed material

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The City of Houston v. Maguire Oil Company

The City of Houston appeals from a judgment in favor of Maguire Oil Company and others[1] arising from an inverse condemnation claim predicated on the erroneous invocation of an inapplicable city ordinance to revoke Maguire’s natural gas drilling permit. We affirm the trial court’s judgment.

Background

The fight over Maguire’s thwarted effort to drill for natural gas near Lake

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Petroleum Solutions, Inc. v. Bill Head d/b/a Bill Head Enterprises and Titeflex Corporation

This appeal pertains to a substantial leak of diesel fuel from an underground storage system located at the Silver Spur Truck Stop in Pharr, Texas. By thirteen issues, appellant, Petroleum Solutions, Inc. (“PSI”), challenges the jury’s verdict in favor of appellees, Bill Head d/b/a Bill Head Enterprises (“Head”) and Titeflex, Inc., and sanctions issued by the trial court, which included

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James and Linda Zimmerhanzel v. Johnnie G. Green, III and Stormwater Research Group

James and Linda Zimmerhanzel appeal from summary judgments entered in favor of Johnnie Green, III and Stormwater Research Group (SRG).

The Federal Emergency Management Agency (FEMA) creates maps of special flood hazard areas (SFHA), which are defined as areas of land that would be inundated by a flood having a one percent chance of occurring in any given year. See Nast v. State

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DeAnna Hofstetter v. Loya Insurance Company

This appeal concerns the applicability of an excluded driver endorsement provision in an auto insurance policy. DeAnna and Phillip Hofstetter appeal the trial court’s traditional summary judgment in favor of Loya Insurance Company. They contend that the endorsement provision was procured by misrepresentations and was not enforceable. They also assert that the testimony of the policyholder was

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Pakal Enterprises, Inc. v. Lesak Enterprises, L.L.C. DBA Pro Surv

Appellants, Pakal Enterprises, Inc. (“Pakal”) and Rene Dominguez, appeal the trial court’s dismissal of their suit against appellees, Lesak Enterprises LLC d/b/a Pro Surv and Toby P. Couchman (collectively, “Lesak”), for failure to comply with Chapter 150 of the Texas Civil Practice and Remedies Code. In three issues, Pakal and Dominguez argue that the trial court erred in (1) determini

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AMS Construction Company, Inc. v. Osman L. Sosa

In this case, an employer sues its staff leasing company for its failure to comply with its agreement to provide workers’ compensation insurance for one of the employer’s injured workers. A jury found that the staff leasing company failed to comply with the agreement, that its failure was not excused, and that it committed fraud. The trial court rendered judgment on the jury’s breach of co

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Phillip David Schaub v. Steven VonWald

After a bench trial, the district court1 found that Steven C. VonWald, the director of the Minnesota facility in which Philip D. Schaub was incarcerated, was deliberately indifferent to Schaub’s serious medical needs in violation of the Eighth Amendment. The court awarded Schaub $214,000 in compensatory damages and $750,000 in punitive damages. VonWald appeals both the judgment and the award of

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Amy Andrews n/k/a Amy Coleman v. Louis S. Andrews

Amy Andrews, n/k/a Amy Coleman (Coleman), and Louie S. Andrews (Andrews) were granted a dissolution of marriage on 31 March 2004. There was one child born of the marriage, Jessica. The dissolution decree granted joint legal and physical custody of Jessica to Coleman and Andrews, and did not establish a formal custody schedule. In mid-2007, Coleman learned that Andrews intended to move to Wyoming.

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PBM Products, LLC v. Mead Johnson & Company

Appellee PBM Products, LLC (PBM) filed this action pursuant to the Lanham Act, 15 U.S.C. §1125(a), against Appellant Mead Johnson & Company, LLC (Mead Johnson) alleging that Mead Johnson distributed more than 1.5 million direct-to-consumer mailers that falsely claimed PBM’s baby formula products were inferior to Mead Johnson’s baby formula products. After a jury found that Mead Johnson had en

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Linda Jurek v. Gary E. Kivell

This appeal arises out of a long-running family dispute in which Linda Jurek fought over ownership of a home with her father, Joseph Forrest, in three separate lawsuits. In the first suit, Jurek entered into a mediation agreement with Forrest in which she agreed to a settle her claims. Jurek later brought this suit alleging that Forrest and his lawyer, Gary Kivell, fraudulently induced her to si

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AK Morlan
Kent Morlan, Esq.
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