Misrepresentation Law
 
The New York City Employees' Retirement System v. Steven P. Jobs

This litigation arises out of the issuance of an allegedly
false and misleading proxy solicitation for a stock option plan.
Plaintiff-appellant New York City Employees’ Retirement
System (“NYCERS”) alleged that the false solicitation denied
it its right to an informed shareholder vote and caused it to
suffer economic loss through share dilution. The district court
dis

More...   $0 (01-28-2010 - )

C. Allen Foster v. Wintergreen Real Estates Company

Allen Foster (“A. Foster”), Susan Foster (“S. Foster”), and William Jones (“Jones”) (collectively, “Plaintiffs”) appeal the judgment of the United States District Court for the Western District of Virginia, which dismissed their Complaint against Wintergreen Real Estate Company (“WREC”), Richard Carroll (“Carroll”), Peter Farley (“Farley”), Timothy Hess (“Hess”), an

More...   $0 (01-29-2010 - )

Richard Shoalmire and Patricia Shoalmire v. U. S. Title of Harrison County

Before Richard and Patricia Shoalmire purchased a tract of Panola County land and what turned out to be a mobile home located on that land, the previous property owners, Thaddie Ray and Jimmie Lynn Pool Greer (the Greers), may have taken steps to have the mobile home recognized as part of the real property, rather than as personal property. Also before closing, the Shoalmires had visited the prop

More...   $0 (01-26-2010 - TX)

Michael A. Freedman v. Comcast Corporation, et al.

Appellant, Michael A. Freedman, claimed that appellee, the group of corporate entities known and commonly referred to as “Comcast,” violated the 1997 Maryland Wiretapping and Electronic Surveillance Act, Md. Code (1974, 2006 Repl. Vol.), § 10- 402 et seq. of the Courts and Judicial Proceedings Article (“CJ”). Appellant filed suit in the Circuit Court for Baltimore City and the parties fil

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Jane Doe-2 v. McLean County Unit District No. 5 Board of Directors

From 2002 to 2007, Jon White was an elementary schoolteacher in two central Illinois school districts, first the McLean County School District and then the Urbana School District. During that time, he sexually abused several female students in both districts.

In this appeal, we address the liability of the McLean County School District for allowing White’s abuse to occur. The case is more

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Triad Leasing & Financial, Inc. v. Rocky Mountain Rogues, Inc.

In this case, an equipment owner had been leasing construction equipment to one of its customers. At the suggestion of the equipment owner, the customer agreed to enter into a lease-purchase agreement if the equipment owner could find an entity that would finance the transaction. The equipment owner contacted a leasing broker, who contacted a financing entity that agreed to purchase the equipment

More...   $0 (01-27-2010 - ID)

Martin Schnall v. AT&T Wireless Services, Inc.

This case asks our court to decide whether Washington will

become a locus of nationwide class action litigation. In the context of this case, we

believe the trial court did not abuse its discretion by declining to certify such a class. To

the extent a class action is feasible here, the only appropriately certified class for

plaintiffs' contract claims is

More...   $0 (01-21-2010 - WA)

Royce Homes, L.P. v. Deborah F. Bates

Appellant, Royce Homes, L.P., appeals the order of the trial court confirming an arbitration award and final judgment in favor of appellees, a group of homeowners (“homeowners”). In three issues, Royce Homes argues that (1) the trial court abused its discretion by failing to appoint the arbitrator specified in the parties’ arbitration agreement; (2) the trial court erred in failing to vacate

More...   $0 (01-22-2010 - )

Julie Nieto v. Blue Shield of California

Plaintiff and appellant Julie Nieto failed to disclose information about her medical condition and treatment on a health insurance application she submitted to defendant and respondent Blue Shield of California Life & Health Insurance Company (Blue Shield). She filed an action against Blue Shield after it rescinded her insurance policy. The trial court granted Blue Shield‘s motion for summary ju

More...   $0 (01-19-2010 - CA)

Michael Crowe v. County of San Diego

This civil rights case arose from the investigation and prosecution of innocent teenagers for a crime they did not commit. Michael Crowe, Aaron Houser, and Joshua Treadway were wrongfully accused of the murder of Michael’s 12-year-old sister Stephanie Crowe. After hours of grueling, psychologically abusive interrogation—during which the boys were isolated from their families and had no access

More...   $0 (01-21-2010 - CA)

Jeffrey J. Grisamore v. State Farm Mutual Automobile Insurance Company and Randall Sisk

Jeffrey J. Grisamore appeals the circuit court's grant of summary judgment in favor of State Farm Mutual Automobile Insurance Company and State Farm's claim representative, Randall Sisk, and the dismissal of his claims for negligent misrepresentation and fraudulent misrepresentation against State Farm and Sisk. Grisamore contends that the circuit court erred in dismissing his claims against State

More...   $0 (01-12-2010 - MO)

Government Employees Insurance Company v. Aaron Hersey

This case arises out of a supplemental citation proceeding brought by plaintiff, Government Employees Insurance Company (GEICO), against third-party respondent, American Access Casualty Company (AACC), to discover assets and satisfy a judgment in an underlying negligence action that was entered in favor of GEICO against AACC’s insured, Aaron Hersey. The circuit court ultimately entered a judgmen

More...   $0 (01-15-2010 - IL)

Orlando Residence Ltd. v. Kenneth E. Nelson

¶1 These cases arise from Orlando Residence’s efforts to collect on a Tennessee judgment against Kenneth Nelson. As part of those efforts, Orlando Residence obtained a judgment in Wisconsin based on the Tennessee judgment. Kenneth and his wife, Susan Nelson, appeal the Wisconsin judgment along with an order denying relief from the judgment. The Nelsons argue that the Tennessee judgment is n

More...   $0 (12-30-2009 - WI)

Cash Rent-A-Car, Inc. v. Old American County Mutual Fire Insurance Company, and Affirmative Insurance Services, Inc.

Appellant, Cash Rent-A-Car (“RAC”), challenges the trial court’s rendition of summary judgment in favor of appellees, Old American County Mutual Insurance Company (“Old American”) and Affirmative Insurance Services, Inc. (“Affirmative”), in RAC’s suit against appellees for conversion, trespass, fraud, negligent misrepresentation, breach of contract and bailment agreement, and viola

More...   $0 (01-14-2010 - TX)

Arete Partners, LP v. Rudolf W. Gunnerman

Arete Partners, L.P. sued Rudolf Gunnerman for breach of contract and fraud in connection with a settlement agreement entered by the parties. Gunnerman appeals from the district court’s judgment finding in favor of Arete on its fraud claim, arguing that the district court erred by: (1) misapplying Texas law to find that Gunnerman had fraudulent intent; (2) finding fraudulent intent based on the

More...   $0 (01-15-2010 - TX)

BCD, L.L.C. v. BMW Manufacturing Company, L.L.C.

Clifford Rosen, a developer serving as the principal behind the entities of BCD LLC, Rosen Campus I LLC, CR-MERC LLC, and Rosen-WT Management LLC, appeals from the grant of summary judgment against him on his claims of tortious interference with contract, intentional interference with prospective contractual relations, and civil conspiracy. The district court disposed of the case on alternative gr

More...   $0 (01-14-2010 - SC)

Robert J. Triffin v. Automatic Data Processing, Inc.

Plaintiff, Robert J. Triffin, appeals from an order entered on July 1, 2008. The order was entered by Judge Donald S. Goldman and finds that Triffin by clear and convincing evidence committed a fraud on the court. The order goes on to award defendant, Automatic Data Processing, Inc. (ADP), counsel fees and costs in the amount of $44,000 and outlines various sanctions by way of an injunction agains

More...   $0 (01-11-2010 - NJ)

Marvin C. Weinstat v. Dentsply International, Inc.

This is an appeal from an order decertifying a class of dentists as to their causes of action under the unfair competition law (UCL)1 and for breach of express warranty against the manufacturer of the Cavitron ultrasonic scaler (Cavitron). What prompted the decertification? An appellate court decision interpreting the Proposition 642 amendments to the UCL as requiring that all class members—not

More...   $0 (01-07-2010 - CA)

Cell Therapeutics, Inc. v. Lash Group, Inc.

The False Claims Act (“FCA”) was designed to encourage reporting of false or fraudulent claims that are submitted to the federal government for approval or payment. Typically a relator—a whistle-blowing employee, a business partner or competitor—brings suit “for the benefit of the United States.” Mortgages, Inc. v. U.S. Dist. Ct., 934 F.2d 209, 210 (9th Cir. 1991) (per curiam). The gov

More...   $0 (01-06-2010 - WA)

Lawrence W. Ferguson v. Alice M. Strutton

Alice M. Strutton ("Client") appeals a judgment entered against her in favor of Lawrence W. Ferguson ("Attorney") on his Petition to Enforce Attorney's Lien brought pursuant to section 484.130.1 Attorney's suit was based on a written contingency fee agreement executed by Client. Client claims the trial court erred by 1) striking her pleadings for failure to comply with the court's order that she p

More...   $135804 (12-30-2009 - MO)

Sandra Kirkland v. Wyeth

The plaintiffs, women and next-of-kin of deceased women, sued a number of manufacturers of hormone replacement therapy drugs, asserting the drugs caused breast cancer. The defendants, manufacturers of hormone replacement therapy drugs (“manufacturers”), removed the cases to federal court. The plaintiffs moved to remand to state court on the grounds that complete diversity of citizenship was la

More...   $0 (01-06-2010 - AR)

Excavation Technologies, Inc. v. Columbia Gas Company of Pennsylvania

Before performing excavation work for a waterline extension project, appellant requested appellee mark the locations of gas lines around the work sites pursuant to the One Call Act (Act).1 Appellee improperly marked some lines and failed to mark others. As a result, appellant struck various gas lines, which hampered its work, resulting in economic damages of $74,502.06; appellant did not any susta

More...   $0 (12-29-2009 - PA)

Louis R. Vallies v. Sky Bank

In this putative class action, the sole issue presented by this appeal is whether a plaintiff must prove detrimental reliance in order to recover actual damages sustained because of a disclosure violation under § 1640(a)1 of the Truth in Lending Act (“TILA”), 15 U.S.C. §§ 1601–67. The District Court, following persuasive authority from our sister courts of appeals, concluded that detrimen

More...   $0 (01-01-2010 - PA)

Connecticut State Dental Association v. Anthem Health Plans, Inc. d.b.a. Anthem Blue Cross & Blue Shield, of CT

These consolidated appeals require us to decide whether § 502(a)(1)(B) of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1132(a)(1)(B), completely preempts one or more of Plaintiffs’ state law claims, thus providing a basis for federal question jurisdiction. Plaintiffs, Martin J. Rutt (“Rutt”) D.D.S., Michael Egan (“Egan”), D.D.S., and Connect State Dent

More...   $0 (12-30-2009 - FL)

David Kaufman v. William Langhofer, D.V.M. and Scottsdale Veterinary Clinic

¶1 This appeal arises out of a veterinary malpractice action filed by plaintiff/appellant David Kaufman (“Kaufman”) against defendants/appellees, William Langhofer, DVM, and Scottsdale Veterinary Clinic (collectively, “Dr. Langhofer”) over the death of Salty, Kaufman’s scarlet macaw. The principal issue on appeal is whether a pet owner is entitled to recover emotional distress and loss

More...   $0 (12-23-2009 - AZ)

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