Duped into parting with thousands
of dollars to reserve a vacation rental property in Belize that
apparently did not exist, plaintiff Peter Hiam sued the owner of the
website on which he found the ersatz tropical villa, claiming that
the website's guarantee misled him. The district court granted
summary judgment to the website's owner, HomeAway.com, Inc.
("HomeAway"). On ap... More...   $0 (04-21-2018 - MA)

Charles Jones and Josh Watson seek to hold Royal
Administration Services, Inc. (“Royal”) liable for several
telephone calls made in violation of the Telephone Consumer
Protection Act (“TCPA”), 47 U.S.C. § 227, by telemarketers
employed by All American Auto Protection, Inc. (“AAAP”).
Though a broad range of agency theories may form the basis
4 JONES V. ROYAL ADMIN. SVCS.
... More...   $0 (04-09-2018 - NV)

¶1 Bruce W. Lauritzen purchased five lots of undeveloped
real property in Hurricane, Utah based on a description in a
recorded subdivision plat map. Lauritzen then purchased title
insurance for these lots through First American Title Insurance
Company (First American). Subsequently, Lauritzen learned that
the plat map had a material defect: one of his lots partially
overlap... More...   $0 (04-08-2018 - UT)

After the engine of a brand new Mercedes-Benz died, the
car’s manufacturer offered to repurchase the car for the full
amount less the $3,090 the buyer paid the dealer for additional
products and services (“dealer add-ons”). After the buyer sued
the manufacturer for breach of the implied warranty of
merchantability under the Song-Beverly Consumer Warranty Act
(the Act) (Civ.... More...   $0 (04-07-2018 - CA)

This appeal involves a putative class action brought by consumers in four states who alleged that Appellees Owens Corning and Owens Corning Sales, LLC (collectively, Owens Corning) sold defective roof shingles and misrepresented the shingles’ expected useful life. Appellants challenge an order of the United States District Court for the Western District of Pennsylvania denying class certification.... More...   $0 (03-22-2018 - PA)

Following a four-day bench trial, the court entered
judgment in favor of Eleanor Licensing LLC and Denice
Shakarian Halicki and against Classic Recreations, LLC, T&D
Motor Company, Jason Engel and Tony Engel (collectively
Classic), ordering that Eleanor Licensing retain possession of a
vehicle identified as “Eleanor No. 1,” which had been
manufactured by Classic pursuant to... More...   $0 (03-22-2018 - CA)

At issue in this appeal is whether mortgage servicers can be "debt collectors"
under California's Rosenthal Fair Debt Collection Practices Act (the Rosenthal Act; Civ.
Code,1 § 1788 et seq.). There is a split of authority among the many federal district
courts that have considered the issue, and there is a paucity of California authority
addressing the question.
In this case, t... More...   $0 (03-14-2018 - CA)

This appeal, brought by three tobacco companies (“Appellants”), challenges on multiple grounds the judgment entered against them and in favor of Pauline Burkhart for compensatory and punitive damages. The judgment was awarded after a bifurcated, ten-day trial in which the jury found in Burkhart’s favor on her claims of negligence, strict liability, fraudulent concealment, and civil conspiracy. Thi... More...   $0 (03-12-2018 - FL)

With the Medical Device Amendments of 1976, Congress added comprehensive medical device approval processes to the Federal Food, Drug, and Cosmetic Act, prescribing tiers of federal requirements for certain devices corresponding to the device’s inherent risk level. In exchange for compliance with the strictest federal mandates, Congress afforded manufacturers express preemption from state laws impo... More...   $0 (03-02-2018 - PA)

David Demers, an attorney, sent a letter on behalf of his client to the attorney for James and Patricia Hagy. The letter indicated that the Hagys would not have to pay the balance on their loan and that the lender would not pursue any other remedies against the Hagys. That seemed like good news for the Hagys. Little did Demers know that this epistle would lead to six years (and counting) of litiga... More...   $0 (02-26-2018 - OH)

Doyle Lowther, William J. Doyle, John A. Lowther and Chris W. Cantrell; Gomez
Trial Attorneys, John H. Gomez and Deborah S. Dixon; Niddrie Addams Fuller, Rupa G.
Singh for Real Parties in Interest Anthony Shamrell and Daryl Rysdyk.
In this writ proceeding, we decide an issue of apparent first impression: Does the
Supreme Court's analysis of the admissibility of expert opinion evide... More...   $0 (02-19-2018 - CA)

Qwinstar Corporation and Pro Logistics, LLC, engaged in negotiations that
culminated with Qwinstar agreeing to purchase Pro Logistics and employ its
owner—Curtis Anthony2—for a term of five years. A few months after the sale,
Qwinstar terminated Anthony’s employment and filed this lawsuit against him,
alleging that it did not receive the inventory it bargained for in the sale. Anth... More...   $0 (02-18-2018 - MN)

Dennis Godelia and Sterling Youmas appeal the District Court’s dismissal of their case against ZOLL Services, LLC (“ZOLL”), which brought seven claims under Florida law. Mr. Godelia is suing individually and as the personal representative of the estate of Debra Godelia, who was his wife. Mr. Youmas was Ms. Godelia’s son. Ms. Godelia went into cardiac arrest while wearing an external defibrillator ... More...   $0 (02-11-2018 - FL)

This is an Engle progeny case1 brought by plaintiff James Smith, Sr. against defendant R.J. Reynolds Tobacco Co. (“Defendant”) to recover damages based on the death of his wife, Wanette Smith, from tobacco-related diseases caused by Mrs. Smith’s decades-long history of smoking Defendant’s cigarettes. We face only one issue:2 whether the district court should have reduced the jury’s compensatory da... More...   $0 (01-31-2018 - FL)

Tammy Gutierrez sued defendant CarMax Auto Superstores California,
LLC (CarMax) alleging breaches of express and implied warranties, intentional and
negligent misrepresentation, breach of contract, unfair competition under Business and
Professions Code section 17200 (UCL), and a violation of the Consumer Legal Remedies
Act (CLRA; Civ. Code, § 1750 et seq.). CarMax demurred to Gutie... More...   $0 (01-31-2018 - CA)

Natasha Mueller suffered a severe bout of food poisoning after she was served contaminated fish at a resort in the Dominican Republic while on her honeymoon. She and her husband sued several affiliated companies that sold and managed their vacation package. They filed their suit in federal court in the Eastern District of Wisconsin, where they live and purchased their trip. The vacation contract, ... More...   $0 (01-27-2018 - WI)

In four issues, Tony and Cynthia Jimenez appeal from the trial court’s
judgment awarding possession of real property to Appellee David McGeary. We
affirm.
Background
In August 2010, Metlife Home Loans foreclosed on the Jimenezes’ home
and then sold the property to Federal National Mortgage Association. Jimenez v.
2
Fed. Nat’l Mortg. Ass’n, No. 02-15-00229-CV, 2016 WL 36... More...   $0 (01-25-2018 - TX)

In Aas v. Superior Court (2000) 24 Cal.4th 627, 632 (Aas), this court held
that the economic loss rule bars homeowners suing in negligence for construction
defects from recovering damages where there is no showing of actual property
damage or personal injury. We explained that requiring a showing of more than
economic loss was necessary to preserve the boundary between tort and con... More...   $0 (01-19-2018 - CA)

Plaintiffs’ son tragically perished in a fire at plaintiffs’ home in June 2010. Believing that the fire was caused by a defective lithium ion battery cell from their son’s laptop, plaintiffs filed a products liability suit against separate manufacturers of the laptop, battery pack, and indi-vidual battery cells. Plaintiffs supported their causation the-ory solely through testimony from two expert ... More...   $0 (12-17-2017 - WI)

This case under the Song-Beverly Consumer Warranty Act (Civ. Code,
§ 1790 et seq., Act), concerned an allegedly defective car which could not be repaired
after multiple attempts. Plaintiff Allen Kirzhner accepted an offer of compromise
pursuant to Code of Civil Procedure section 998 (998 offer) from defendant MercedesBenz
USA, LLC, including a restitution provision identical to Civ... More...   $0 (12-15-2017 - CA)

Pasadera Builders, LP appeals the trial court’s order granting Todd Hughes’s motion to confirm an arbitration award and denying Pasadera’s motion to vacate a portion of the arbitration award. Pasadera contends the trial court erred in refusing to vacate the portion of the arbitration award finding neither party was a prevailing party entitled to attorney’s fees, expenses, and arbitration costs und... More...   $0 (12-13-2017 - TX)

This is an appeal from the entry
of judgment for the defendants in a products liability case brought
by the plaintiff, Town of Westport ("Westport"). The defendants
are Monsanto Company, Solutia, Inc., and Pharmacia Corporation
(collectively "Pharmacia"). Westport filed suit under
Massachusetts law against Pharmacia, seeking to recover the cost
of remediating Westport Middl... More...   $0 (12-12-2017 - MA)

Betco Corporation purchased the assets
of two bioaugmentation companies from Marilyn and
Malcolm Peacock. The Asset Purchase Agreement included
the sale of equipment at the Peacocks’ Beloit, Wisconsin plant.
Betco asked Malcolm to remain at the Beloit plant after the
sale as president. Eventually, Betco discovered that the Beloit
plant was delivering defective products to c... More...   $0 (11-27-2017 - WI)

APPEAL from an order of the Superior Court of San Diego County, Joel R.
Wohlfeil, Judge. Reversed and remanded with directions.
Morris, Manning & Martin, Lewis E. Hassett; Boss Law Firm and Daniel R. Salas
for Defendants and Appellants.
Day Law Offices and Montie Stowell Day for Plaintiff and Respondent.
Robert Klem sued Access Insurance Company (Access Insurance) and AccessMore...   $0 (11-22-2017 - CA)

An independent contractor providing liquid manure disposal
services purchased a used Case IH tractor from a John Deere implement
dealer. When the tractor proved to be a “lemon,” the contractor brought
claims against multiple parties, including the implement dealer. The
trial court granted all of the defendants’ motions for summary judgment.
The contractor appealed and we transf... More...   $0 (11-08-2017 - IA)