Misrepresentation Law
 
Cell Therapeutics, Inc. v. Lash Group, Inc.; Documedics Acquisition Co., 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

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Tim Emberton v. GMRI Inc. f/k/a General Mills Restaurants, Inc. (D/B/A Red Lobster Restaurant #349), et al.

This is an appeal from a Court of Appeals' opinion reversing the Judgment of the Warren Circuit Court in favor of Appellant/ Cross- Appellee, Tim Emberton ("Emberton"), on the grounds that his personal injury action against Appellee/Cross-Appellant, GMRI Inc . ("GMRI"), was untimely filed and thus barred by the statute of limitations. For reasons that GMRI actively concealed Emberton's probable ca

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Academic Imaging, LLC v. Soterion Corp.

Academic Imaging, LLC, and Newark Health Imaging, LLC (“NHI”), filed suit against Soterion Corp., Soteria Imaging Services, Inc., and other parties, in connection with Academic’s purchase of Soterion’s interest in NHI, which Academic and Soterion owned jointly. Academic and NHI brought a number of causes of action in tort and contract, including conversion, violation of Ohio Rev. Code § 1

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TexVa, Inc. and R. Bradley Bierman v. Boone, James and Cindy Hayes

TexVa, Inc. (“TexVa”) and R. Bradley Bierman (“Bierman”) appeal the trial court's order granting the special appearances of Cindy Hayes (“Hayes”) and James Boone (“Boone”), both residents of California. Appellants contend that the trial court erred in sustaining the special appearances of Boone and Hayes. For the reasons set forth below, we conclude that Hayes' and Boone's contact

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Kevin Walker v. John Morgan, Mike Lindsay and Lindsay & Morgan, PLLC

This is an appeal from a summary judgment in a lawsuit by a client against his attorneys. In his response to the motion for summary judgment on his professional negligence claim, appellant failed to raise a material fact issue concerning causation or damages. He is not entitled to any recovery under his other claims. We affirm the trial court's judgment.

Kevin Walker and Angela Walker cont

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Netrana, L.L.C. v. TXU Business Services Company

In five issues, which can be properly construed as two, appellant, Netrana, L.L.C. ("Netrana"), challenges a summary judgment granted in favor of appellee, TXU Business Services Company ("TXU"). We affirm.

I. Background

On June 2, 2006, Netrana, a consulting firm, contracted with TXU to provide project management services. The agreement provided the following:

ARTICLE 6: TERM

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Jan Lubin v. Farmers Group, Inc.

The issue in this interlocutory appeal is whether the class action filed by the attorney general in this case was properly certified. Under former article 21.21, section 17 of the insurance code, the Department of Insurance (the "Department") may ask the attorney general to institute a class-action lawsuit to recover from an insurer damages for injuries done to the insurance-buying public. See for

More...   $0 (11-09-2009 - )

Reserves Development, L.L.C. v. Crystal Properties, L.L.C.

In this second appeal from the Superior Court, Reserves1 seeks a reversal of the trial judge’s reduction in damages awarded to Reserves for breach of contract and misrepresentation. Reserves argues that the trial judge erred when he offset damages based on conclusions that were unsupported by the record and the product of an illogical deductive process. With the exception of the offset of $5,461

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Schering-Plough Healthcare Products, Inc. v. Schwarz Pharma, Inc. and Kremers Urban, LLC

The parties to this Lanham Act suit are manufacturers of an oral laxative the chemical name of which is polyethylene glycol 3350. Schering, the plaintiff, sells its version under the trade name “MiraLAX.” MiraLAX is an over-the-counter drug. The four defendants sell the generic version of the drug under its chemical name (except that defendants Kremers and Schwarz also use the name “GlycoLax

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Laura Schmidt v. Medicallodges, Inc.

Laura Schmidt brought an action against her former employer, Medicalodges, Inc. (“Medicalodges”), for hostile work environment sexual harassment in violation of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-2(a)(1). She appeals the district court’s denial of her motion for a new trial after the jury found that Medicalodges was not liable for the harassment Ms. Schmidt suffered at the

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James Siracusano v. Matrixx Initiatives, Inc.

Matrixx Initiatives, Inc. (“Matrixx”) is a pharmaceutical company that sells cold products through its wholly-owned subsidiary, Zicam, LLC. One of its main products is Zicam Cold Remedy, which comes in several different forms.1 Plaintiffs-Appellants are lead plaintiff, NECA-IBEW Pension Fund, and named plaintiff, James Siracusano, in a class action brought against Matrixx and three Matrixx exe

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Theresa Leigh v. Richard Kuenstler, Jr.

After an automobile accident with an underinsured motorist, appellant Theresa Leigh sued the other driver, her own automobile insurers, and her insurance agent, Richard Kuenstler Jr. As relevant to this appeal, she alleged that Kuenstler was negligent and acted unconscionably in failing to obtain uninsured/underinsured motorist coverage in an amount at least equal to her primary insurance policy=

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Jerome Mitchell, Jr. v. Fortis Insurance Company

In this case, a policyholder brought causes of action for breach of contract and bad faith rescission against his insurance company, and sought actual and punitive damages for the company’s termination of his health care insurance from original issuance on the grounds of a purported misrepresentation. The jury awarded the policyholder $36,000 in actual damages on the breach of contract claim,

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Steve R. White v. Heng Ly Lim

¶1 The language of 60 O.S. Supp. 2003 §8371 provides that: the "sole and exclusive civil remedy at common law or otherwise" under the Residential Property Condition Disclosure Act (Disclosure Act), 60 O.S. 2001 §831, et seq. "shall be an action for actual damages;" awards "shall not2 include the remedy of exemplary damages"; and the Disclosure Act "applies to, regulates and determines rights, d

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Bank of Oklahoma, N.A. v. Red Arrow Marina Sales & Service, Inc.

¶1 Certiorari was granted to settle the first-impression question whether a creditor who does not impose liability on a mortgage debtor for the deficiency that remains after a foreclosure sale may maintain a suit against the debtor and other parties for fraud in the inducement of the loan that is secured by mortgage. In short, we are asked to decide whether the mortgage debt's satisfaction under

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The Mega Life and Health Insurance Company v. Donald D. Pieniozek

This appeal is the second appeal in this case before the Court. In the first appeal, the Court vacated the district court’s grant of summary judgment in favor of Mr. Pieniozek (“Pieniozek”) on Mega Life and Health Insurance Company’s (“Mega”) claim for rescission of Ms. Pieniozek’s life insurance policy and Pieniozek’s counterclaim for breach of contract, and remanded the case for

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Christianne Vreeken v. Lockwood Engineering, B.V., et al.

This action involves a dispute over the parties‟ respective rights upon termination of a joint venture. Appellants Jan Vreeken (Vreeken); Gergbroeders Meijer Belegging, B.V., a Netherlands corporation (Gergbroeders); Lockwood Engineering, B.V., a Netherlands corporation (Lockwood); and Third-Party Appellants Lockwood Packaging Corporation (LP) and Lockwood Packaging Corporation Idaho (LPI) file

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William B. White v. Doris Bowman, et al.

William B. White (plaintiff) appeals the judgment of the Circuit Court of Greene County dismissing his claims against defendants Douglas R. Eckhoff and Sandy L. Eckhoff (Eckhoffs) and granting summary judgment in favor of defendant Doris Bowman (Bowman). We affirm the summary judgment for Bowman. We reverse the dismissal as to Eckhoffs and remand to the trial court for further proceedings.

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Steve Everly v. Knoxville Community School District, Musco Sports Lighting, LLC and Randy Flack

In this case, we must decide if the district court properly dismissed plaintiff’s cause of action. We also review by certiorari the district court’s award of sanctions against the plaintiff’s attorney. The court of appeals affirmed the dismissal and the award of sanctions. Because we agree with the court of appeals’ and district court’s decisions regarding the dismissal, we affirm that p

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Falmouth Ox-Bow Realty Trust, et al. v. Joseph and Ruth Black

Falmouth Ox-Bow Realty Trust, et al. sued Joseph and Ruth Black on a breach of contract theory claiming that they failed to transfer title to property they owned. The Blacks counter-claimed, alleging breach of contract, violations of Chapter 93A, and fraud and misrepresentation.

More...   $2500000 (10-17-2009 - MA)

Ibrihim Kiswani v. Phoenix Security Agency, Inc., et al.

Plaintiff-Appellant Ibrihim Kiswani (“Kiswani”) appeals from the magistrate judge’s order that denied reconsideration of his post-trial motions. Because Kiswani failed to meet our quaint rules on timing of appeals, the magistrate judge’s opinion is affirmed.

I. BACKGROUND

Kiswani was arrested outside a nightclub on July 31, 2004, and charged with aggravated unlawful use of a

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John Wesley Green v. Edna L. Green, et al.

Champs-Elysees, Inc. (“Champs-Elysees”) began in 1983 in the living room of Edna Green,2 a former Nashville school teacher. Ever since its founding, Champs-Elysees has been a small, closely held business. The Green family and a small number of other persons have owned and operated the company. Edna Green’s sons, John Wesley Green and Mark Green, and her daughterin- law, Dianne Green, who is

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James Kendall v. Integrated Interiors, Inc., Integrated Acoustical Interiors, Inc., Robert Pingston, and Janet Pingston

Plaintiff James Kendall filed this action alleging that he was wrongfully terminated from his employment with defendants,1 contrary to public policy, for refusing to engage in illegal activity. Plaintiff also alleged that defendants violated the Bullard-Plawecki Employee Right to Know Act, MCL 423.501 et seq., by knowingly placing false information in his personnel file.

The trial court gra

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Janell S. Marin v. IESI TX Corporation

Appellant, Janell S. Marin appeals from a judgment in favor of appellee, IESI TX Corporation ("IESI"). The judgment was rendered in accordance with the jury's findings that Marin committed forgery, misapplication of fiduciary property, fraud, and conversion. In nine issues, Marin challenges the trial court's admission of evidence, the legal and factual sufficiency of the evidence, and the award o

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SCTW Health Care Center, Inc., Stan Steele, Wynell Suitt and WTCS Health Care Center, Inc. v. AAR Incorporated

Appellants, SCTW Health Care Center, Inc., Stan Steele, Wynell Suitt and WTCS Health Care Center, Inc., (collectively “SCTW”), were sued by AAR, Incorporated (“AAR”) for failing to pay for mold remediation and storage services that AAR had provided. After a trial by jury, the trial court awarded AAR $422,049.05 in damages, pre-judgment interest and attorney’s fees. SCTW contends the tria

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