Warranty Law
 
United States ex rel. O’Donnell v. Countrywide Home Loans, Inc

This case arises in the context of the post-financial-crisis restructuring of the Full Spectrum Lending Division (“FSL”) of Countrywide Home Loans. Prior to the events at issue in this case, FSL had been the subprime lending division of Countrywide; after the collapse of the subprime market in 2007, Countrywide undertook a transformation of FSL into a prime origination division with the goal of se... More...   $0 (05-30-2016 - )

Josh Carnley d/b/a AIM To Please v. Barry W. Cone d/b/a J. Cones Fleet Services

Tulsa, OK - Josh Carnley d/b/a AIM To Please sued Barry W. Cone d/b/a J. Cones Fleet Services claiming:

1. Plaintiff is a resident of Tulsa County, Oklahoma and the Contract that is the subject _ ··
matter of this lawsuit was entered into in Tulsa County, Oklahoma.

2. Upon information and belief, Defendant is a residents of Tulsa County or thtrprincipal 0

place of b... More...
   $0 (05-18-2016 - OK)

Maureen Cain v. Aquidneck Consultnig Engineers, LLC Alias ABC LLC

Maureen Cain (Plaintiff) is a resident of the Town of Portsmouth, Rhode Island.
Sometime in 2008 or 2009, she decided to build a new house located at 29 Beach Street,
Portsmouth, Rhode Island. In 2009, to assist her on that project, she hired ACE to design the
foundation of the home. ACE is a structural engineering firm that is located in Newport, Rhode
Island. Pursuant to ... More...
   $0 (04-30-2016 - RI)

United States of America v. Andres Hernandez, Jr., a/k/a “Gordo" and Griselda Hernandez

Dallas, TX - Convicted Husband and Wife Sentenced to Additional Time in Federal Prison After Admitting They Interfered with the Government's Seizure of Their Property

A previously-convicted husband and wife from Dallas, who admitted selling property the government had planned to seize in connection with a marijuana trafficking and money laundering investigation, were sentenced to serve ad... More...
   $0 (04-26-2016 - TX)

Izzarelli v. R.J. Reynolds Tobacco Co

We have been asked by the United States Court of Appeals for the Second Circuit to consider whether the ‘‘[g]ood tobacco’’ exception to strict products liability contained in comment (i) to § 402A of the Restatement (Second) of Torts1 precludes an action in this state against a cigarette manufacturer for including additives and manipulating the nicotine in its cigarettes in a manner that ultimatel... More...   $0 (04-25-2016 - CT)

Lone Oak Homeowners' Association, Inc. v. Marshal Lowrance

Oklahoma City, OK - Lone Oak Homeowners' Association, Inc. sued Marshal Lowrance seeking injunctive relief to enforce condominium covenants:

1 . Plaintiff Association is an Oklahoma community association existing under the plat for Lone Oak Park Addition (the Addition), the Declaration of Conditions, Restrictions, Covenants and Easements for Lone Oak Park at Book 9317, Page I I 07, within... More...
   $0 (04-25-2016 - OK)

James F. Nuzzo v. Nuzzo Campion Stone Enterprises, Inc. f/k/a Corriveault Holdings, Inc.

On May 23, 2008, plaintiff filed a complaint, in which he alleged that he was owed a total
of $133,816 in unpaid commissions and severance pay in accordance with his understanding of
the Sales Commission Agreement signed by the parties.3 He contended that he had earned sales
commissions in the amount of $119,663. He acknowledged that NCS had already paid him
$15,761 in commis... More...
   $0 (04-22-2016 - RI)

Alexin, LLC v. Olympic Metals, LLC

Alexin is a manufacturer of aluminum extrusion ingots in Bluffton. Olympic is
an aluminum scrap broker located in Florida. In March 2013, Anita Eads, an
Alexin employee, communicated with Cecil Shiver, a sales representative for
Olympic, regarding Alexin’s desire to purchase a shipment of aluminum scrap.
On April 15, Alexin issued Purchase Order No. 16208 (“the purchase orde... More...
   $0 (04-21-2016 - IN)

Tyler Puckett v. Christine Zenthoefer

Tulsa, OK - Personal injury lawyer represented Plaintiff, who sued Defendant on a premises liability theory claiming:

I. Plainti ff was at all material times a resident of Tulsa County, Oklahoma.
2. Defendant Christine Zenthoefer was at all material times upon information and belief a resident of Tulsa County, Oklahoma.
3. Defendant Chris Zenthoefer was at all material times upon ... More...
   $1 (04-06-2016 - OK)

Darling's Auto Mall v. General Motors LLC

Viewed in the light most favorable to the jury’s verdict, the evidence in
the record supports the following facts. State v. Diana, 2014 ME 45, ¶ 2,
89 A.3d 132. Darling’s is a GM franchisee and authorized dealer in Ellsworth.
Pursuant to a Dealer Sales and Service Agreement between Darling’s and GM,
2 Darling’s performs warranty repairs on qualified GM vehicles and, in exch... More...
   $0 (04-01-2016 - MA)

R.J. Reynolds Tobacco Company v. Pamela Ciccone, etc.

This case involves a lawsuit filed in 2004 against R.J. Reynolds Tobacco
Company, by plaintiff Pamela Ciccone, as the personal representative of the estate
of her deceased husband, George Ciccone, a smoker from the age of eight who
died of lung cancer in 2002. After our Engle decision was issued, Ciccone
amended her complaint “to reflect her membership in the Engle class, alle... More...
   $0 (03-24-2016 - FL)

Kenworth of Indianapolis, Inc., et al. v. Seventy-Seven Limited, Convey All, LLC, Keller Trucking, Inc., et al.

This case involves a fleet of heavy-duty trucks manufactured by Paccar and sold
by Kenworth to the Plaintiffs.3 The Plaintiffs took delivery of the trucks
beginning in late 2005 and continuing into early 2006. For each truck, the
respective buyer signed a limited warranty agreement, which provided, in
pertinent part, for a one-year limitation period from the accrual of a caus... More...
   $0 (03-24-2016 - IN)

Robert Hurst vs. Nissan North America, Inc.

When certain Infiniti FX vehicles developed dashboard bubbling, Robert Hurst, on behalf
of himself and others similarly situated, filed a second amended petition seeking damages under
the Missouri Merchandising Practices Act (MMPA) and seeking certification of a class action
lawsuit against Nissan North America, Inc. (Nissan). The circuit court certified the class, which
inclu... More...
   $0 (03-23-2016 - MO)

Dave Karow and Tiffany Karow v. Evenflo Company, Inc.

Redwood City, CA - Jury Awards Couple $8 Million in Wrongful Death Products Liability Case

David Karow and Tiffany Karow sued Evenflo Companu, Inc. and others on products liability and negligence theories claiming that their daughter, Abigail Karow, age 7 months, suffocated as a direct result of the design of the Evenflow mattress, which they claimed was defective and unreasonably dangero... More...
   $8000000 (03-20-2016 - )

AMERISERV TRUST AND FINANCIAL SERVICES COMPANY v. USA

The VA issued a request for proposals in 2011 for the development and leasing of a hospital in Butler, Pennsylvania.
In June 2012, losing bidder Gilbane/Cedarwood Development (“Gilbane”) filed an agency-level bid protest with the government’s contracting officer, contending that Westar should not have received the award because it was not a responsible bidder. Am. Compl. ¶ 19, Ex. D; Am.... More...
   $0 (03-18-2016 - NY)

Lucille Ruth Soffer, etc. v. R.J. Reynolds Tobacco Company

Maurice Soffer died in May of 1992 from lung cancer caused by smoking.
After this Court issued its decision in Engle, 945 So. 2d at 1254, requiring class
members to file their own individual actions within a year, Soffer’s widow, Lucille
Soffer, brought a wrongful death action against R.J. Reynolds Tobacco Company
pursuant to that decision. Her complaint asserted four causes ... More...
   $0 (03-17-2016 - FL)

United States of America v. Sunland Pest Control Services, Inc., Grenale Williams and Canarie Deon Curry

Fumigation Company and Two Individuals Pled Guilty in Connection With Illegal Pesticide Application Resulting in Injuries to a Minor

Sunland Pest Control Services, Inc. (Sunland), Grenale Williams, 53, of South Bay, and Canarie Deon Curry, 40, of Riviera Beach, pled guilty today in federal court in Fort Pierce before United States District Court Judge Jose E. Martinez in connection with t... More...
   $0 (03-10-2016 - FL)

Thompson v. Pruitt Corporation

On January 11, 2011, Respondent, Mae Ruth Davis Thompson (Daughter), and her brother, Andrew Phillip Davis (Son), had their mother, Eula Mae Davis (Mother), transferred from Piedmont Medical Center to a nearby nursing home facility owned or operated by Appellant UniHealth Post Acute Care-Rock Hill (UniHealth). A UniHealth employee presented an Admission Agreement, an Arbitration Agreement (AA), a... More...   $0 (03-06-2016 - SC)

Wisconsin Pharmacal Company, LLC v. Nebraska Cultures of California, Inc

We review a published decision of the court of appeals1 reversing an order of
the Ozaukee County Circuit Court2 that granted summary judgment
to The Netherlands Insurance Company (Netherlands) and Evanston
Insurance Company (Evanston). Our review centers on a coverage
dispute between the insurers and their respective insureds,
Jeneil Biotech, Inc. (Jeneil) and Nebraska C... More...
   $0 (03-01-2016 - WI)

APACHE DEEPWATER, LLC, v. MCDANIEL PARTNERS, LTD

At issue in this case is how to calculate a production payment reserved in the assignment of
four oil and gas leaseholds. The four leases were assigned in one instrument. After two of the leases
terminated, a dispute arose over the production payment’s calculation. The payor asserted the
production payment should be reduced to reflect the loss of the underlying mineral-lease interes... More...
   $0 (02-26-2016 - TX)

R.J. Reynolds Tobacco Company v. Phil J. Marotta

In this Engle progeny case,1 R.J. Reynolds Tobacco Company (“the defendant”) appeals a final judgment entered in favor of Phil J. Marotta, as Personal Representative of the Estate of Phil Felice Marotta (“the plaintiff”), arguing that federal law implicitly preempts state law tort claims of strict liability and negligence based on the sale of cigarettes and that the use of the Engle defect finding... More...   $0 (02-24-2016 - FL)

R.J. Reynolds Tobacco Company, Philip Morris USA, Inc., Lorillard Tobacco Company and Liggett Group, LLC v. Marvine Calloway, as Personal Representative of the Estate of Johnnie Calloway

Tobacco defendants, R.J. Reynolds Tobacco Company (“RJ Reynolds”), Philip Morris USA Inc. (“Philip Morris”), Lorillard Tobacco Company (“Lorillard”),1 and Liggett Group LLC (“Liggett”), appeal a multi-million dollar final judgment. They raise several issues common to all and some individually.

They jointly argue the trial court erred in denying their motions for new trial based upon th... More...
   $0 (02-23-2016 - f)

Clark v. Leisure Woods Estates, Inc.

This appeal involves a series of landlord tenant disputes in the manufactured housing context. The plaintiffs, residents of Leisure Woods Estates (Leisure Woods),
a manufactured housing community in Orange, filed a complaint
alleging that the defendant, Leisure Woods Estates, Inc., which
owns, operates, and maintains Leisure Woods, failed to properly
maintain and repair the co... More...
   $0 (02-23-2016 - MA)

Shriners Hosps. for Children v. First United Methodist Church of Ozark

Shriners Hospitals for Children (Shriners) sought a declaratory judgment against First
United Methodist Church of Ozark (FUMC) regarding the transfer of property, a house,
to the church without authority. Shriners’ complaint asked that the deed conveying the
residence to FUMC be declared invalid because the attorney-in-fact was not authorized to
gift the residence to the church... More...
   $0 (02-20-2016 - AR)

Andrew Cotrupi v. 428 Lafayette, LLC

The trial court found, or the record supports, the following facts. The Condominium was created on August 11, 2006, pursuant to a declaration, which was recorded in the Rockingham County Registry of Deeds. The Condominium is a fourteen-unit building consisting of twelve residential units and two commercial units.
The declaration provides that fourteen of the parking spaces on the condomin... More...
   $0 (02-19-2016 - NH)

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