Magnuson Moss Law
 
Paul F. Basselen v. General Motors Corporation, et al.

Plaintiffs, Paul F. Basselen and Dena Basselen, initiated an action against defendants, General Motors Corporation (GM), Larry Roesch Chevrolet, Inc. (Roesch or dealer), and the First National Bank of Chicago (bank), in the circuit court of Du Page County. Their complaint contained the following six counts: (1) a breach of express warranty claim under the Magnuson-Moss Warranty--Federal Trade C... More...   $34034 (07-01-2003 - IL)

Jeanette Joyner v. Sibley Memorial Hospital, et al.

Joyner was a part-time clerk typist in the Medical Records Department ("MR") and a part-time clerk typist in the Medical Staff Privileges Department ("MSP") at Sibley. This appeal arises out of a series of events involving Joyner and Stanton, who was an employee of the hospital and Joyner's then supervisor in MR.

A. Facts

Joyner is an African-American female who was sixty-one years of a... More...   $0 (06-18-2003 - DC)

James Atkinson v. Elk Corporation, etc.

Atkinson filed a complaint on December 22, 1999 against Elk and Lyle Thomas doing business as Pacific Coast Roofing (hereinafter Pacific). The first cause of action alleged breach of express warranty under the Song-Beverly Consumer Warranty Act (hereinafter Song-Beverly) (Civ. Code, § 1790 et seq.) against Elk. The second cause of action alleged breach of implied warranty under Song-Beverly... More...   $0 (06-11-2003 - CA)

Manuel Urrutia v. Jose A. Alicea, M.D.

Manuel Urrutia injured himself at work on June 14, 1996. Mr. Urrutia went to see Dr. Jose A. Alicea on July 11, 1996. Dr. Alicea diagnosed the injury as chondromalacia of the patella of traumatic origin or traumatic patellofemoral pain. On August 30, 1996, when Mr. Urrutia did not improve as expected, Dr. Alicea ordered a Magnetic Resonance Imaging (MRI) test. The MRI was administered at anothe... More...   $0 (05-02-2003 - TX)

Frederick J. Peet v. Cecelia Randolph.

Frederick Peet, the plaintiff, appeals from the trial court's judgment amending the court's previous dismissal without prejudice to one with prejudice. The plaintiff argues (1) the trial court lacked jurisdiction to amend the dismissal to one with prejudice; and (2) even if the court had jurisdiction, the court abused its discretion in amending the dismissal without prejudice to a dismissal with p... More...   $0 (04-15-2003 - MO)

Carolyn Kenney v. Wal-Mart Stores, Inc.

Carolyn Kenney is the grandmother of Lauren Kenney, a minor child, and the mother of Lauren's father, Christopher. Chris Kenney and Lauren's mother, Angela Miles (now Angela Mueller), were never married and had not sought a formal declaration of visitation rights. Chris had regular visitation with Lauren "at least every other weekend" and sometimes during the week. When keeping Lauren, Chris wo... More...   $0 (04-01-2003 - MO)

Armando V. Moreno at al. v. Deric Sanchez

Buyers brought suit against a home inspector for failing to discover and report certain defects in the house they ultimately purchased. The trial court sustained without leave to amend the inspector's demurrer to the buyer's second amended complaint. The court found the one-year statute of limitations specified in the home inspection contract barred all causes of action whether sounding in to... More...   $0 (03-17-2003 - CA)

Madera Production Company vs. Atlantic Richfield Company, Et Al.

Madera Production Company appeals the summary judgment granted in favor of Atlantic Richfield Company (ARCO), Wagner & Brown, Limited (W&B), C. W. Resources (CWR), Carl Westerman, Westerman Royalty Company (WRC), and Laura Jane Westerman as executrix for the estate of H. G. Westerman (the Estate) (collectively, Appellees).

Madera contends the trial court erred in transferring venue from D... More...   $0 (03-13-2003 - TX)

Richard Clark, individually, Julie Clark, individually, Allan Clark and Michael Clark, minors, v. Prudential Properties

Appellant, Richard Clark (Mr. Clark), was a passenger in a vehicle driven by his wife, Julia Clark (collectively, the Clarks). As the Clarks proceeded on Highway 95 in Nevada, a truck driven by Ed Rutherford (Rutherford) approached from the opposite direction. As the two vehicles passed, a pipe struck the drive train of Rutherford's truck, bounced on the pavement and came through the windshi... More...   $0 (03-11-2003 - ID)

Micheal Locklear v. Jon Litscher

1. PER CURIAM. Micheal Locklear appeals from orders dismissing his habeas corpus petition. The issues relate to computation of Locklear's sentences. We affirm.

2. Locklear filed a petition for writ of habeas corpus in December 2000. The named respondent was Secretary of Corrections Jon Litscher. Locklear alleged that he was being detained beyond his maximum discharge date. The court iss... More...   $0 (03-06-2003 - WI)

Gary Schonscheck v. Paccar,Inc.

Kenworth Truck Company appeals a judgment finding it in violation of Wisconsin's lemon law, Wis. Stat. § 218.0171.1 Kenworth argues: (1) Gary Schonscheck's demand failed to satisfy the statutory requirements of the lemon law because it did not specifically indicate what form of relief was demanded; (2) Kenworth is not liable for components that it did not manufacture and that were excluded fro... More...   $0 (03-04-2003 - WI)

Martin B. Judge v. Blackfin Yacht Corporation, et al.

In these consolidated appeals, plaintiff seeks to reverse the trial judge's grant of defendants'See footnote 11 motion for a new trial; and third-party defendant, Clarks Landing Marina, Inc. (Clarks Landing), seeks to reverse the judge's denial of its motion for judgment notwithstanding the verdict. We reverse the grant of a new trial and the denial of judgment notwithstanding the verdict (J.N.O... More...   $0 (02-13-2003 - NJ)

Jeanie Edwards, as personal representative of the Estate of Gregory Allen Pope, Deceased, v. Wexford Health Services, Inc.

Wrongful death claim by the family and estate of a David L. Moss Correction Center inmate to died after he began vomiting and convulsing at the Tulsa County Jail on June 8, 1998. Gregory Allen Edward's sister, acting as the personal representative of Mr. Allen's estate claimed that nursing employees of Wexford Health Services failed to respond in a timely and appropriate fashion to a call for ass... More...   $1 (01-29-2003 - OK)

Gary Marland, Trustee of Marland Enterprises, Inc., et al. v. Safeway, Inc.

Gary Marland, Trustee of Marland Enterprises, Incorporated, appeals the district court’s order awarding summary judgment to Safeway, Incorporated, the Appellee, on Marland’s claims for breach of contract and deceit. Finding no reversible error, we affirm.

I.

Marland Enterprises, Incorporated filed suit against Safeway, Incorporated ("Safeway") in the Circuit Court for Montgomer... More...   $0 (01-17-2003 - MD)

Jacque Moedt v. General Motors Corporation

Jacque Moedt sued General Motors Corporation for an alleged breach of an automobile warranty. The matter was settled in substance, but Moedt appeals from the attorney's fees award, arguing that the trial court abused its discretion by failing to award her sufficient fees. General Motors cross-appeals the fee award; it challenges the court's finding that Moedt could even recover fees pursuant... More...   $712 (12-30-2002 - AZ)

Brandon McKnight v. Corrections Corporation of America

Brandon McKnight was a prisoner in the Tulsa County Jail (David L. Moss Corrections Center) that is managed by Corrections Corporation of America (CCA) in January 2001. He became involved in a dispute with Joshua Cudjoe. One of CCA's corrections officers told a fellow officer not to place Cudjoe in the same cell with McKnight. Plaintiff claimed that Cudjoe assaulted and battered him when they w... More...   $1 (12-30-2002 - OK)

Stephen M. Moss v. Camp Pemigewassett, Inc., et al.

Stephen Moss, a former archery counselor at Camp Pemigewasset, a summer camp for boys ("the Camp"), claims that he was defamed by the Camp's director, Robert Grabill. The gravamen of the complaint is that Grabill stated to an assistant counselor that he had received a complaint regarding Moss through the State of New Hampshire concerning inappropriate contact with boys at the Camp-an admittedly fa... More...   $0 (11-27-2002 - NH)

Magnuson Properties Partnership v. City of Coeur D'Alene

Magnuson Properties Partnership (Magnuson) sued the City of Coeur d'Alene (City) for breach of an alleged contract to reimburse Magnuson for extending a sewer line to adjacent property as a condition for approving Magnuson's plan to develop its own property. The district court dismissed Magnuson's lawsuit because Magnuson failed to provide the City notice of its claim within 180 days from when... More...   $0 (11-26-2002 - ID)

Campanale & Sons, Inc., et al. v. Donald Evans, Secretary of Commerce

UnknownThis case involves regulation of one of New England's most famed resources: the American lobster. Despite the lobster's somewhat other-worldly appearance with its protruding eyes, spindly legs, and oversized claws, its meat is highly valued by epicures across the country, making the lobster fishery one of the most competitive and valuable fisheries in North America. As a result of this comp... More...   $0 (11-25-2002 - RI)

Leasing One Corperation v. Caterpiller Financial Services Corp.

Leasing One Corporation ("Leasing One") appeals the trial court's entry of partial summary judgment in favor of Caterpillar Financial Services Corporation ("Caterpillar") on Caterpillar's complaint for replevin, declaratory relief, and damages. Leasing One presents two issues for our review, which we consolidate and restate as whether genuine issues of material fact preclude summary judgment for ... More...   $0 (10-09-2002 - IN)

Stephanie Needham, b/n/f Marilee and James Needham, and Marilee and James Needham, Individually v. Coordinated Apparel Group, Inc., et al.

Defendants, comprised of the manufacturers, distributors and retailers of a cotton garment that ignited, injuring Stephanie Needham, appeal from a judgment based on a jury verdict in favor of plaintiffs, Stephanie and her parents, on their negligence, breach of warranty and products liability claims. Defendants contend the court erroneously: (1)denied their motion for judgment as a matter of l... More...   $0 (10-07-2002 - VT)

Village of Riverdale v. Allied Waste Management, Inc., et al.

Plaintiff, the Village of Riverdale, filed a complaint for injunctive relief against defendants, Allied Waste Transportation, Inc., Suburban Warehouse, Inc., and Frank M. Ward, Sr., seeking to enjoin defendants from continuing to operate their waste disposal, storage and recycling facility. The complaint alleged defendants were operating the facility without obtaining the requisite permits and lic... More...   $0 (10-01-2002 - IL)

John Martin, et al. v. Automobili Lamborghini Exclusive, Inc., et al.

Appellants, Brian Neiman ("Neiman"), Saul Smolar ("Smolar") and John Martin ("Martin"), (together "Appellants"), in Case No. 00-12489, appeal the district court's order sanctioning them for perpetration of fraud on the court. In Case No. 01-13659, Appellants appeal the district court's order awarding more than one and a half million dollars in attorneys' fees and costs to Appellees. In Case No. 01... More...   $0 (10-01-2002 - FL)

Chrysler Financial Company, L.L.C. v. William E. Flynn, Jr., et ux.

Chrysler Financial Company, L.L.C. ("CFC") appeals from a judgment entered in accordance with verdicts reached following jury trial in favor of William E. Flynn, Jr. ("Bill") on CFC's petition for replevin and Bill's counterclaim counts for trespass, conversion, and breach of contract, and in favor of Bill's wife, Grace A. Flynn ("Grace"), on her counterclaim count for negligent infliction of emot... More...   $0 (09-27-2002 - MO)

Michael Shane Davis, et ux. v. Southern Energy Homes, Inc.

The important question presented in this appeal is whether the Magnuson-Moss Warranty Act permits or prohibits the enforcement of pre-dispute binding arbitration clauses within written warranties. We hold that the Magnuson-Moss Warranty Act permits binding arbitration and that a written warranty claim arising under the Magnuson-Moss Warranty Act may be subject to a valid pre-dispute binding arbitr... More...   $0 (09-20-2002 - AL)

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