Warranty Law
 
Neal Kaste v. Land O'Lakes Purina Feed, LLC

Plaintiffs Neal and Nancy Kaste operate a dairy
farm in Tillamook County, and contracted with defendant,
Land O’Lakes Purina Feed LLC, to provide them with feed
for their dairy cows. That feed sickened a number of plaintiffs’
cows and killed others, causing plaintiffs to incur veterinary
expenses to care for the cows as well as other losses.
Plaintiffs sued defendant, alleg... More...
   $0 (03-08-2017 - OR)

Elness Swenson Graham Architects, Inc.; Cross-Appellants, RLJ II-C Austin Air, LP; RLJ II-C Austin Air Lessee, LP; and RLJ Lodging Fund II Acquisitions, LLC v. RLJ II-C Austin Air, LP; RLJ II-C Austin Air Lessee, LP; and RLJ Lodging Fund II Acquisitions, LLC // Cross-Appellee, Elness Swenson Graham Architects, Inc.

Appellant Elness Swenson Graham Architects, Inc. (Elness) appeals from a final
judgment in favor of appellees RLJ II-C Austin Air, LP; RLJ II-C Austin Air Lessee, LP; and RLJ
Lodging Fund II Acquisitions, LLC (collectively, RLJ). RLJ also filed a cross-appeal against Elness.
Elness raises five issues on appeal, challenging RLJ’s right to bring suit for breach of contract, the
trial... More...
   $0 (03-08-2017 - )

Central Bank and Real Estates Owned, LLC v. Timothy Hogan, et al.

In this case, we deal with the question of whether participation agreements in connection with a loan transaction transferred security interests in the underlying property or only a contractual right to the proceeds from the originating bank. For the reasons expressed below, we conclude that the participating agreements transferred security interests in the underlying property to the participating... More...   $0 (03-03-2017 - IA)

Eugene and Mary McClain v. State Farm Fire and Casualty Company

Appellants Eugene and Mary McClain (the McClains) appeal the trial court’s orders granting appellee State Farm Fire and Casualty Company (State Farm) judgment as a matter of law on the McClains’ claims that State Farm had a
1See Tex. R. App. P. 47.4.
2
duty to defend. Concluding that State Farm had no duty to defend the McClains
as a matter of law, we affirm the trial court’s summa... More...
   $0 (03-02-2017 - TX)

Nemoria Coria v. Christopher Jide Ogidan and Moses Gbolabo

Appellant Nemoria Coria purchased a home from appellees Christopher Jide Ogidan and
Moses Gbolabo. She later sued appellees for breach of contract and DTPA violations. The trial
court entered a take-nothing judgment in favor of appellees. In four issues, appellant argues the
trial court erred by (1) entering a take nothing judgment when the undisputed evidence
established appellees... More...
   $0 (02-28-2017 - TX)

Global Quest, L.L.C. v. Horizon Yachts, Inc., Horizon Group, et al. Husby Global Litigation Support Services Serving Your Court Reporter Needs Nationwide 866-584-0070

Plaintiff Global Quest, LLC appeals from the district court’s grant of summary judgment to defendants on all but one count of plaintiff’s amended complaint and to defendant Horizon Yachts, Inc. on its counterclaim for foreclosure of a promissory note. Plaintiff appeals from the district court’s entry of partial final judgment pursuant to Rule 54(b) of the Federal Rules of Civil Procedure.1 We reve... More...   $0 (02-25-2017 - FL)

Ty Howerton v. Dr. Michael N. Wood and Cindy Wood

Appellant Ty Howerton appeals from the trial court’s final judgment that confirmed an arbitration award entered in favor of appellees Dr. Michael N. Wood and Cindy Wood (the Woods). We affirm the trial court’s judgment.
1See Tex. R. App. P. 47.4.
2
I. BACKGROUND
This appeal arises from a home renovation that went horribly wrong. In
2010, the Woods bought a home in Mansfield, Te... More...
   $0 (02-23-2017 - TX)

Josette Taylor v. Intuitive Surgical, Inc.

Manufacturers have a duty to provide warnings to
consumers about the risks of their products pursuant to the Washington product
liability act (WPLA), chapter 7.72 RCW. In this case, a manufacturer sold a
surgical device to a hospital, which credentialed some of its physicians to
perform surgery with the device. The manufacturer's warnings regarding that
device are at the heart ... More...
   $0 (02-09-2017 - WA)

James Brand v. Shaunte Degrate-Greer

This case involves a landlord-tenant dispute. In eight issues, Appellant
James Brand appeals the judgment rendered by the trial court in the suit brought
against him by his former tenant, Appellee Shaunte Degrate-Greer (Degrate-
Greer), for breach of contract and for violations of the property code. Because
we hold that Brand was legally entitled to withhold $129 of Degrate-Greer’s... More...
   $0 (02-09-2017 - TX)

Linda Ann Parrish Richardson and Gary Bruce Richardson, co-trustees of the M.C. Parrish, Jr. Testamentary Trust, et al. v. Donald Roger Mills, et al

The heirs, devisees, and assigns of Robert Lindsay and June C. Harris1 (Appellants) filed a motion for rehearing. We grant the motion, withdraw our December 30, 2016 opinion and judgment, and substitute the following opinion and a corresponding judgment in their place.
This suit involved the construction of a 1906 instrument pertaining to the minerals under certain property and a 1908 release.... More...
   $0 (02-08-2017 - TX)

KB Texas Investments, LLC v. Roderick Spiller and Ann Marie McGill

KB Texas Investments, LLC, appellant, sued Roderick C. Spiller and Ann Marie McGill, appellees, to remove an encroaching fence, driveway, and concrete slab, formerly a garage, and to settle a boundary dispute between two lots in Harding Heights, Harris County, Texas. Following a jury verdict in favor of Roderick and
2
Ann Marie, the trial court signed a judgment, indicating appellees had a... More...
   $0 (01-26-2017 - TX)

Benito Santibanez v. Alejandro Diron

Benito Santibanez sued Alejandro Diron for Deceptive Trade Practices Act violations after a used vehicle Santibanez purchased “as is” from Diron encountered significant mechanical problems within days of the purchase. Diron filed a no-evidence and a traditional motion for summary judgment. Santibanez
2
filed a single response but did not include any summary-judgment evidence. The trial cou... More...
   $0 (01-24-2017 - TX)

James Harvey Jordan v. Eddie R. Jensen

¶ 1 Here, we consider whether Utah Code section 78B-2-206 bars a challenge to a tax title based on a tax sale effected without notice to an interested party. On May 25, 2000, Uintah County conducted a tax sale, yet failed to provide the record mineral interest owners notice of the sale. Now, over a decade later, the purchaser of the tax title and the individuals who were the record owners of the m... More...   $0 (01-11-2017 - UT)

State of Tennessee v. Jonathon D. Brown

On July 16, 2014, the Defendant was indicted by the Robertson County Grand Jury for two counts of aggravated rape on alternative theories, two counts of especially aggravated kidnapping on alternative theories, one count of especially aggravated burglary, and one count of theft of property over the value of $1,000. The especially aggravated burglary charge was dismissed prior to trial on the Stat... More...   $0 (12-02-2016 - TN)

BRIGHT HOUSE NETWORKS v. AT&T CORP., AND BREVARD COUNTY SCHOOL BOARD

In December 2013, the School Board issued an RFP seeking proposals from
vendors who could provide “Internet Provider Wide Area Network” services to its schools.
The new contract would replace the School Board’s existing contract (with AT&T) to
provide those services. The RFP required each proposer to provide sealed bids, which
would be ranked by a selection committee when ope... More...
   $0 (11-22-2016 - FL)

CAR WASH CONSULTANTS, INC. vs. N/S CORPORATION

This matter comes before the court a second time. The facts and
circumstances giving rise to this litigation are set forth in our prior opinion and
need not be set forth in full herein. See N/S Corp. v. Car Wash Consultants, Inc.,
No. 11-0174, 2012 WL 1439084, at *1 (Iowa Ct. App. Apr. 25, 2012). In sum,
this litigation concerns a car wash manufactured by N/S Corporation and... More...
   $0 (10-14-2016 - IA)

Quentin Thomas Henry, et al. v. Greater Ouachita Water Company

Plaintiffs are contract customers of defendant or household members
of the homes defendant contracted with to provide service. Defendant,
Greater Ouachita Waterworks, Inc. (“Greater Ouachita”), provides water
service to plaintiffs at their homes and/or places of employment. On August
4, 2015, plaintiffs filed a petition for damages and an injunction related to
the water ... More...
   $0 (10-13-2016 - LA)

UNION PACIFIC RAILROAD COMPANY V. SEECO, INC.

Appellant Union Pacific Railroad Company (Union Pacific) appeals from the
Faulkner County Circuit Court’s judgment and order filed on September 18, 2015, and
agreed final order filed on November 5, 2015, finding that the mineral rights in question
were owned in fee simple by separate appellees, individual members of the Tyus family
(collectively the Tyus family). On appeal, Un... More...
   $0 (10-05-2016 - AR)

E.F. Johnson Company v. Infinity Global Technology f/k/a Infinity Gear and Technology, LLC, et al.

Kirmuss operated an electronics business that specialized in radio-related products. In
2007, at a trade show in Hong Kong, he discovered a speaker microphone with a built-in global
positioning system (the GPS-Mic), manufactured by Wintectronics (Wintec). Kirmuss believed
the GPS-Mic could transform communications for first responders and military units, so he
arranged to mee... More...
   $0 (10-03-2016 - TX)

WESTERN DERMATOLOGY CONSULTANTS, P.C. v. VITALWORKS, INC., ET AL.

In this certified appeal, the plaintiff, WesternDermatologyConsultants,P.C.,claimsthatthe Appellate Court improperly reversed the judgment of the trial court, which found that the defendants, VitalWorks, Inc. (VitalWorks),1 and Cerner Physician Associates, Inc. (Cerner), had violated the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes § 42-110aetseq.,2 bymakingmisrepresentationsi... More...   $0 (09-07-2016 - CT)

State of Tennessee v. Tabitha Gentry, aka Abka Re Bay

This case arises from the unauthorized breaking into and entering of a Shelby County residence. For her role in these events, a Shelby County grand jury indicted the Defendant for theft of property valued over $250,000 and aggravated burglary. At a trial on these charges, the parties presented the following evidence: Jon Dickens, a MarxBensdorf Realtors agent, testified that he began his involv... More...   $0 (08-14-2016 - TN)

Haley Hadlock v. Chipotle Mexican Grill, Inc.

Norman, OK - Haley Hadlock sued Chipotle Mexican Grill, Inc. on a negligence theory claiming to have been injured and/or damaged as a direct result of contracting and E. coli 026 infection from eating food purchased at Chipotle's restaurant at 765 Asp Avenue, Norman, Oklahoma on November 18, 2015.

The Petition filed by the Plaintiff alleged as follows:

I . At all times relevant h... More...
   $0 (08-09-2016 - OK)

ANCHOR TANK LINES, LLC and NEW YORK OIL HEATING INSURANCE FUND v. UNITED STATES

Old Anchor, formerly known as Mystic Tank Lines Corporation, was an oil transportation company incorporated in Delaware and headquartered in Astoria, New York. Pls.’ Opp’n to Def.’s Mot. to Dismiss (“Pls.’ Opp’n”) Ex. 4 (Indictment, United States v. Baldari, No. 1Three separate actions are pending in this court based on these suits in the district ... More...   $0 (07-16-2016 - DC)

Gregory W. Smith and Stephanie Smith v. D.R. Horton, Inc., Tom's Vinyl Siding, LLC, Lutzen Construction, Inc., Boozer Lumber Company, All American Roofing, Inc., Myers Landscaping, Inc., Defendants

D.R. Horton is a corporation specializing in residential construction. In March 2005, the Smiths entered into a home purchase agreement (the Agreement) with D.R. Horton for the design and construction of a new home in Summerville, South Carolina. The Agreement is organized into numbered paragraphs and lettered subparagraphs, and sets forth the various responsibilities of the parties prior to and ... More...   $0 (07-09-2016 - SC)

DES MOINES FLYING SERVICE, INC. vs. AERIAL SERVICES INC.; CEDAR VALLEY AVIATION, LLC; and KIRK P. FISHER

On February 20, 2009, Cedar Valley Aviation, a wholly owned subsidiary of Aerial Services, Inc. (ASI), brought a Piper 522AS (Cheyenne II) in for maintenance to Des Moines Flying Service, Inc. (DMFS). Among numerous other checks and repairs, DMFS noted both the pilot’s and copilot’s windshields were “delaminated” and installed new windshields. The replaced windshields were original to the aircra... More...   $0 (06-09-2016 - IA)

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