Warranty Law
 
Edward Davidson v. Seterus, Inc.

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)

Pauline Burkhart v. R.J. Reynolds Tobacco Company Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

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

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Walter Shuker; Vivian Shuker v. Smith & Nephew, P.L.C.; Smith & Nephew, Inc. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

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

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James R. Hagy, III v. Demers & Adams; David J. Demers Southern District of Ohio Courthouse - Cincinnati, Ohio

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

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Apple, Inc. v. The Superior Court of San Diego County, Anthony Shamrell, Real Party in Interest

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

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Qwinstar Corporation v. Curtis Anthony District of Minnesota Federal Courthouse - Minneapolis, Minnesota

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

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Tony R. Jimenez and Cynthia L. Jimenez v. David McGeary Tarrant County Courthouse - Fort Worth, Texas

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

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Dennis Godelia v. Zoll Services, LLC Southern District of Florida Courthouse - Miami, Florida

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)

James Smith, Sr. v. R.J. Reynolds Tobacco Company, et al. Middle District of Florida Federal Courthouse - Tampa, Florida

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

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Tammy Gutierrez v. CarMax Auto Superstores California Kern County Courthouse - Bakersfield, California

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 and SCoot Mueller v. Apple Leisure Corporation d/b/a Apple Leisure Group, Apple Vacations, L.L.C., AM Resorts, LLC and Am Resorts, L.P. Eastern District of Wisconsin Federal Courthouse - Milwaukee, Wisconsin

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)

McMillin Albany, LLC v. The Superior Court of Kern County, Carl Van Tassel, Real Parties in Interest

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)

Pasadera Builders, LP v. Todd Hughes

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)

S.V. Gopalratnam v. Hewlett-Packard Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

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)

Allen Kirzhner v. Mercedes-Benz USA, LLC

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)

Town of Westport v. Monsanto Company, Solutia, Inc. and Pharmacia Corporation District of Massachusetts Federal Courthouse - Boston, Massachusetts

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 Corporations, Ltd. v. Malcolm D. Peacock, Marily Peacock, B. Holdings, Inc. and E. Holdings, LLC Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

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)

Robert Klem v. Access Insurance Company

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 Access

More...   $0 (11-22-2017 - CA)

Jason Cannon v. Bodensteiner Implement Company, et al. Iowa Supreme Court

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

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International Medicine Center Enterprtises, Inc. and Edward R. Rensimer, M.D. v. Sconet, Inc. and Thomas F. Hurley Harris County Courthouse - Houston, Texas

International Medicine Center Enterprises, Inc. (“IMC”) and Edward R. Rensimer, M.D. (“Rensimer”) are appealing the judgment in favor of ScoNet, Inc. (“ScoNet”) and Thomas F. Hurley (“Hurley”), rendered after a jury trial. IMC and Rensimer argue that: (1) the trial court erred by granting a directed verdict against them on their Deceptive Trade Practices Act (“DTPA”) claim; (2) the trial court err

More...   $0 (10-26-2017 - TX)

Tammy Fernandez v. Raj Singh

Tammy Fernandes successfully sued vexatious litigant Raj Singh and his wife
Kiran Rawat individually and as trustees of the Sita Ram--or “Sitaram”--Trust (Trust), for
wrongful eviction and related claims. She obtained an award of compensatory and
punitive damages, as well as costs and attorney fees. All defendants filed a joint notice of
2
appeal through counsel. While Rawat a

More...   $0 (11-03-2017 - CA)

Charles D. Wallace v. Hattie Leslie Wallace

Charles D. Wallace and Hattie Leslie Wallace1 were divorced on January 8, 2006. The agreed divorce decree awarded both Charles and Hattie fifty percent ownership, as tenants in common, of a house and lot located at 706 Carpenter Drive, Garland, Texas (the Property), and provided a procedure for the sale of the Property. After Charles’s death on April 8, 2016, Hattie filed this suit to enforce the

More...   $0 (10-09-2017 - TX)

Charles Brooks v. Calatlantic Homes of Texas, Inc., f/k/a Standard Pacific of Texas, Inc. and Standard Pacific Corp.

Charles Brooks appeals a summary judgment granted in favor of appellees based on a statute of repose. Under the statute, certain suits against persons who construct an improvement to real property must be brought within ten years after the construction of the improvement. TEX. CIV. PRAC. & REM. CODE ANN. § 16.009 (West 2002). The issue presented in this appeal is whether the statute of repose bars

More...   $0 (10-09-2017 - TX)

Santiaga Herrera v. Gloria Coronel Alejos Harris County Courthouse - Houston, Texas

Santiaga Herrera owned and lived in a house with a garage apartment. Herrera sold the property to Gloria Alejos, who financed the purchase with a note made to Herrera. After closing, Alejos’s daughter, Banesa Coronel, moved into the
2
house, and Alejos allowed Herrera to stay in the garage apartment, where she was
living at the time of the sale.
Alejos later tried to evict Herrera,

More...   $0 (10-12-2017 - TX)

Jay Baska v. Rebecca McGuire Harris County Courthouse - Houston, Texas

Appellant, Jay Baska, challenges the trial court’s judgment in favor of appellee, Rebecca McGuire, in her suit against Baska for breach of contract and fraud. In his first through third issues, Baska contends that the statute of frauds1 bars
1 See TEX. BUS. & COM. CODE ANN. § 26.01 (West 2015).
2
McGuire’s breach-of-contract claim and, if sustained, he is entitled to a remand for
r

More...   $0 (10-12-2017 - TX)

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