Warranty Law
 
Berkeley Cement, Inc v. Regents of the University of California

Berkeley Cement, Inc. (Berkeley) appeals from the judgment entered
against it after a jury trial in this dispute over construction of a building on the Merced
campus of the University of California. Berkeley contends the jury’s findings on the
complaint and on the cross-complaint were fatally inconsistent; the trial court incorrectly
instructed the jury that a particular specificat... More...
   $0 (01-09-2019 - CA)

Bann-Shiang Liza Yu v. Liberty Surplus Insurance Corporation




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Generally, as a fundamental rule, when a civil litigant sues for monetary
damages, “the amount demanded must be stated.” (Code Civ. Proc., § 425.1... More...
   $0 (01-07-2019 - CA)

RUBY KUMAR - vs - USA INSULATION





This matter emanates from a February 28, 2017 contract between the
parties, whereby USA Insulation agreed to insulate the exterior walls of Ms. Kumar’s
residence in Lakewood, Ohio, with USA Premium... More...
   $0 (01-03-2019 - OH)

Jamie L. Etcheson v. FCA US LLC




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Plaintiffs and appellants Jamie L. Etcheson and Kelly M. Etcheson brought an
action under the Song-Beverly Consumer Warranty Act (Civ. Code,1 § 17... More...
   $0 (12-29-2018 - CA)

State of Tennessee v. Lance Loveless





In September of 2012, the defendant was the mayor of the City of New Johnsonville, Tennessee. While searching eBay, the defendant found a yellow Ford Lightning truck for sale in Columbia, South Car... More...
   $0 (12-20-2018 - TN)

State of Tennessee v. Lance Loveless




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In September of 2012, the defendant was the mayor of the City of New Johnsonville, Tennessee. While searching... More...
   $0 (12-14-2018 - TN)

Shirlean Warren v. KIA Motors America, Inc.

A jury awarded plaintiff and appellant, Shirlean Warren, $17,455.57 in damages
pursuant to the Song-Beverly Consumer Warranty Act (Civ. Code, § 1790 et seq.)
(the Song-Beverly Act), commonly known as California’s “lemon law.” (Goglin v. BMW of
North America, LLC (2016) 4 Cal.App.5th 462, 467, fn. 5 (Goglin).) As part of the
judgment, the court awarded Warren $115,848.24 in attorney... More...
   $0 (12-12-2018 - CA)

STATE OF KANSAS v. ANTHONY EUGENE KELLEY












Since 1989, Kelley has been in the custody of the Kansas Department of Correc... More...
   $0 (12-04-2018 - KS)

Sleepy's, LLC v. Select Comfort Wholesale Corporation




At all relevant times, Sleepyʹs LLC (ʺSleepyʹsʺ or the ʺplaintiffʺ) was a bed
and mattress retailer obtaining products for resale from a variety of
manufacturers. In that endeavor, it entered into a ʺRetail Partnershipʺ with... More...
   $0 (12-03-2018 - NY)

DLI Properties, LLC v. Cherokee Hill

Plaintiff DLI Properties, LLC filed an unlawful detainer action against defendant
Cherokee Hill after she failed to pay rent and defaulted on the parties’ lease agreement.
Defendant raised as an affirmative defense plaintiff’s failure to comply with Civil Code
section 1962’s1 disclosure requirements. On appeal, defendant contends section 1962,
subdivision (c), bars a “successor own... More...
   $0 (11-29-2018 - CA)

Virginia Callahan; T.G. v. Pacific Cycle, Inc.





Virginia Callahan and her minor granddaughter T.G. (“Appellants”) initiated this
action against Pacific Cycle and Toys “R” Us (“Appellees”). Appellants alleged various
strict liability, negligence, and breach of warranty claims, all arising from an acci... More...
   $0 (11-24-2018 - MD)

SI 59, LLC v. Variel Warner Ventures, LLC

SI 59 LLC (appellant) appeals from a judgment of dismissal
following a demurrer to its Second Amended Complaint (SAC) by
Variel Warner Ventures, LLC (Variel Warner), Variel Builders,
LLC, (Variel Builders), Verdugo Management & Investment, Inc.
(Verdugo), Troxler Residential Ventures XIX, LLC (Troxler), and
Troxler Venture Partners, Inc. (Troxler Venture) (collectively
resp... More...
   $0 (11-19-2018 - CA)

Felix Huerta v. Kava Holdings, Inc.

Defendant Kava Holdings, Inc., dba Hotel Bel-Air
(defendant) terminated two restaurant servers after they were
involved in an altercation during work. One of the fired
employees, plaintiff Felix Huerta, sued defendant on a variety of
legal theories, most of which were dismissed before or during
trial. The trial court granted defendant’s motion for nonsuit as to
plaintiff’s ... More...
   $0 (11-16-2018 - CA)

Stephen Dye and Douglas Bohn v. Tamko Building Products, Inc.




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You’ve undoubtedly heard of—and for that matter probably accepted the terms of—a “shrin... More...
   $0 (11-02-2018 - FL)

MATTHEW M. WALKER VERSUS THE MANITOWOC COMPANY, INC., ET AL. CONSOLIDATED WITH JIM LEE HANKINS VERSUS THE MANITOWOC COMPANY, INC., ET AL.





At the time of the accident, Plaintiffs were employed as riggers for
BWW. BWW and Morris Material, Inc., entered into a contract for BWW to
fabricate and assemble a port gantry crane, which is a large tower crane with a steel
su... More...
   $0 (10-20-2018 - LA)

Trucker Durnford v. MusclePharm Corp.




Tucker Durnford brought California consumer claims
against MusclePharm Corporation, a manufacturer of
nutritional supplements, for making false or misleading
statements about the protein in one of its products. The
district court dismissed Durnford’s action as preempted by... More...
   $0 (10-19-2018 - CA)

Jason Castle v. Mary Castle






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Mary and Jason married in 1999 in Tuscaloosa, Alabama. At the time, Mary was
twenty-three years old, and Jason was twenty-five. During their marriage, the Castle... More...
   $0 (10-17-2018 - MS)

Harvey Lee Funches v. Progressive Tractor and Implement Company, L.L.C.





Harvey Lee Funches lost his left arm when his vehicle collided with a piece of farm equipment being towed by a pickup truck as the two passed one another on a Mississippi road. The only live dispute left in this case is Funches’s suit against Progressive Tractor and Implement Company,... More...
   $0 (10-15-2018 - MS)

Shavonda Hawkins v. The Kroger Company

Trans fat has become increasingly recognized as a
dangerous substance and a leading cause of numerous serious
ailments, including heart disease and diabetes. Food and Drug
Administration (“FDA”) regulations govern the information
reported within a food product’s Nutrition Facts Panel on the
product’s label.1 As for trans fat, FDA regulations provided,
at all relevant times,... More...
   $0 (10-09-2018 - CA)

United States of America v. Treyton Lee Thomas





Raleigh, NC - Treyton Thomas Pleads Guilty to Multi-Million Dollar Investment Fraud Scheme and Income Tax Evasion

TREYTON LEE THOMAS, age 62, pled guilty to wire fraud, affecting a financial institution, and income tax evasion. In pleading guilty, THOMAS, agreed to p... More...
   $0 (10-04-2018 - NC)

National Federation of the Blind v. The Container Store, Inc.




Appellees/Plaintiffs, the National Federation of the Blind ("NFB"), Mika Pyyhkala, Lisa
Irving, Jeanine Kay Lineback, and Arthur Jacobs ("individual
plaintiffs"),1 filed a complaint in district court against
Appellant/Defendant, the Container Store, Inc. ("Container
Sto... More...
   $0 (09-23-2018 - MA)

Cheryl Searcy v. R.J. Reynolds Tobacco Company, et al. Middle District of Florida Federal Courthouse - Tampa, Florida

Cheryl Searcy (“Plaintiff”) sued the defendants, R.J. Reynolds Tobacco Company and Philip Morris Inc. (together, “Defendants”) for unintentional and intentional torts arising from the death of her mother, Carol Lasard, alleging that Lasard’s illnesses were caused by her addiction to cigarettes manufactured by Defendants. The jury found for Plaintiff on both the unintentional and intentional tort c... More...   $0 (09-12-2018 - FL)

William Brady v. Bayer Corporation

In 1925, Merck Pharmaceuticals sent a letter to Morris Fishbein, chairman
of the Journal of the American Medical Association. The letter said, “We have been
recently startled by the unexplainable demand on the part of our customers for Sodium
Borate C. P. Powder. From our representatives, we have learned that a Dr. Brinkley, of
Milford, Kansas, has broadcast recommendations for the... More...
   $0 (09-08-2018 - )

Ridge Natural Resources, LLC, Calvin Smajstrla, Christopher Hawa and Wilson Hawa v. Double Eagle Royalty, LP Ridge Natural Resources LLC Mineral Rights

Although an in-depth examination of oil-and-gas principles is not necessary to resolve the merits of this appeal, we pause briefly to define the various rights at issue in a mineral estate so as to ground our subsequent discussion and provide context as to what rights the McDaniels purportedly believed they were conveying, and what rights may have actually been conveyed in the agreement the Mc... More...   $0 (09-02-2018 - TX)

Wendy Younger v. El Paso County Emergency Services District No. 2 and El Paso County, Texas

Wendy Younger purchased the lot at issue in the Montana Vista area in 1997. She purchased the property as part of an agreement between the Paso View Christian Association and the Montana Vista Volunteer Fire Department. Due to a rash of fires and resulting property loss in the area, the Association donated two lots on Kyle Road to the Fire Department in exchange for the department building a... More...   $0 (09-02-2018 - TX)

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