Warranty Law
 
Safeway, Inc. v. Rooter 2000 Plumbing and Drain SSS

This appeal arises out of a cross-claim for contractual and traditional
4 indemnification. The complaint alleged that Plaintiffs, Briana Fierro and Jason Fierro,
5 suffered injuries when a baby changing table collapsed in a Safeway store, and that
6 the collapse was the result of negligence on the part of Safeway, Inc. (Safeway) and
7 Rooter 2000 Plumbing and Drain SSS (Rooter). T... More...
   $0 (02-18-2016 - NM)

Q-2, L.L.C. v. Wayne Hughes, Sr.

¶1 We are asked to decide only one issue in this case: how and when does a party acquire title to property under the doctrine of boundary by acquiescence? Does title transfer by operation of law at the time the elements of boundary by acquiescence are met or by judicial decree at the time the trial court enters its order? This case arises out of a boundary dispute involving Wayne Hughes and Patric... More...   $0 (02-16-2016 - )

Joseph Grayzel, M.D. v. Boston Scientific Corp.

This is a contract dispute. Plaintiff Joseph Grayzel,
M.D., an interventional cardiologist, is the inventor of a
balloon catheter device used for cardiac angioplasty. He holds
a patent for that device (the "'629" patent1) and also for
variations of his invention that he subsequently created.
Dr. Grayzel brought a lawsuit in federal court against
defendant Boston Sc... More...
   $0 (02-14-2016 - NJ)

SHARRON JENKINS v. CHICAGO PACIFIC CORPORATION, et al

Sharron and Gerald Jenkins received, by quitclaim deed, property that had previously been used by the Chicago, Kansas and Nebraska Railway Company, the predecessor of Chicago Pacific Corporation, (Chicago Pacific) as a railroad track
running through the town of Holton. Use of the property as a railroad track has long since been abandoned. Gerald is now deceased and Sharron filed a quiet title... More...
   $0 (02-10-2016 - KS)

Erick Lopez v. Adam Huron D/B/A Adam's Mexican Food Products

Erick Lopez appeals a judgment entered against him based on a jury’s findings that he breached implied warranties relating to plastic bags he sold to Adam Huron d/b/a Adam’s Mexican Food Products.1 Lopez presents three issues on appeal asserting the trial court erred by: (1) entering judgment against him because no jury finding was requested or made regarding any statutory exception a claimant is... More...   $0 (02-03-2016 - TX)

Betty Jo Earley v. Bixby Auto Plaza, LLC Washington County Courthouse - Bartlesville, Oklahoma

Bartlesville, OK - Betty Jo Earley v. Bixby Auto Plaza, LLC

1. RESCISSION OF CONTRACT

2. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

3. BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY

4. BREACH OF IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE

5. DAMAGES

6. FRAUD

7. PRODUCT LIABILITY

Docket
Date Co... More...
   $0 (01-27-2016 - OK)

Titan Machinery, Inc. v. Patterson Enterprises, Inc.

Patterson is a Montana corporation headquartered in Missoula, which uses heavy equipment in the construction industry. Titan is an equipment rental company with several locations in the United States, including Missoula and Williston, North Dakota. In 2011, Patterson contracted for construction work in northwestern North Dakota and leased several items of heavy equipment from Titan. Patterson also... More...   $0 (01-21-2016 - ND)

Enogex Holdings, LLC, et al. v. Chart Energy and Chemicals, Inc., et al.

Tulsa, OK - Enogex Holdings, LLC, Enogex, LLC, Enogex Gathering & Processing, LLC and Engoex Products, LLC sued Chart Energy and Chemicals, Inc., Chart Industries, Pro Quip Corporation, Linde Process Plant, Inc. Stephanie Oakley Allen Special Administrator for the Estate of Donald R. Allen and William J. Leathen on personal tort, strict liability, and negligence theories claiming:

COME NO... More...
   $0 (01-11-2016 - OK)

BEN VILLARREAL JR., CLEO MARTINEZ, and LaCASA MARTINEZ TEXMEX, INC. vs. UNITED FIRE & CASUALTY COMPANY d/b/a UNITED FIRE GROUP

A restaurant was severely damaged by fire. The owners made an insurance claim, but much of the claim was denied. They ultimately sued the insurer for policy benefits. They obtained a jury verdict and judgment against the insurer, which the insurer paid. Thereafter, they brought a separate action against the insurer for bad faith, alleging it had lacked a reasonable basis for its prior refusal ... More...   $0 (01-08-2016 - IA)

Deere & Company & a. v. The State of New Hampshire, Kubota Tractor Corporation v. The State of New Hampshire, Husqvarna Professional Products, Inc. v. The State of New Hampshire

The pertinent facts follow. SB 126, enacted in 2013, amended RSA chapter 357-C to define “motor vehicle” as including “equipment,” which “means farm and utility tractors, forestry equipment, industrial equipment, construction equipment, farm implements, farm machinery, yard and garden equipment, attachments, accessories, and repair parts.” Laws 2013, 130:1 (quotations omitted); see RSA 357-C:1, ... More...   $0 (12-31-2015 - NH)

Lea Ann Tatham v. Bridgestone Americas Holding, Inc., et al

This products liability suit, filed by Lea Ann Tatham (“the Plaintiff”), arises from the failure of an automobile tire (“the tire”) sold by Bridgestone Retail Operations, LLC, and GITI Tire (USA) (collectively “the Defendants”). The manufacturer of the tire, GITI Tire (Hualin), a Chinese company, is not a party to the case. According to the Plaintiff‟s affidavit and deposition taken in thi... More...   $0 (12-26-2015 - TN)

Husteel Co. v. United States

Following the filing of a petition by U.S. Steel, Maverick, and other domestic producers
of OCTG, Commerce initiated anAD investigation of OCTG from Koreaon July 22, 2013. See
Certain Oil Country Tubular Goods from India, the Republic of Korea, the Republic of the
Philippines, Saudi Arabia, Taiwan, Thailand, the Republic of Turkey, Ukraine, and the Socialist
Republic of Vietnam:... More...
   $0 (12-24-2015 - NY)

Limoliner, Inc. v. Dattco, Inc

LimoLiner is a Massachusetts corporation that owns and
operates a fleet of luxury motor coaches that are known as
"Liners." Dattco is a Connecticut corporation that repairs and
services motor vehicles, including buses and coaches. The
undisputed facts are as follows.
On May 30, 2011, two LimoLiner employees met with two
Dattco representatives to discuss the possible... More...
   $0 (12-24-2015 - MA)

Barbara Graff v. Metro Structural Services, Inc. and Duralift Piers, Inc.

Tulsa, OK - Barbara Graff v. Metro Structural Services, Inc. and Duralift Piers, Inc.

1. Plaintiff is an individual who resides in Tulsa County, Oklahoma.
2. Defendant Metro Structural Services, Inc. ("Metro") is an Oklahoma corpn c:.n
that has its principal place of business in Tulsa County, Oklahoma.
3. Defendant Duralift Piers, Inc. ("Duralift") is an Oklaho... More...
   $0 (12-21-2015 - OK)

IDC Properties, Inc., et al. v. Goat Island South Condominium Association, Inc., et al

The plaintiffs in this consolidated appeal, IDC Properties, Inc. (IDC) and Thomas Roos (Roos) (collectively, plaintiffs), appeal from an entry of summary judgment in favor of the defendants, Goat Island South Condominium Association, Inc. (GISCA), America Condominium Association, Inc. (America), Capella South Condominium Association, Inc. (Capella), Harbor Houses Condominium Association, Inc. (Ha... More...   $0 (12-20-2015 - RI)

Mary Meeks v. Hologic, Inc.

On September 26, 2008, Dr. Kushna Damallie, an employee of The Women’s Clinic
(TWC), performed an outpatient diagnostic hysteroscopy and an endometrial ablation on
Meeks at the Northwest Regional Medical Center (NWRMC) in Clarksdale. Dr. Damallie
used a Novasure medical device manufactured and sold by Hologic to treat Meeks’s
menorrhagia. On September 28, 2008, Meeks returned to t... More...
   $0 (12-20-2015 - MS)

Lampkin Construction Co., Inc. v. Sand Specialties & Aggregates, LLC

In January 2012, Sand Specialties, Lampkin Construction, and CSWS Mineral
Resources entered into a Sale Agreement under which Sand Specialties agreed to sell gravel
and sand-mining equipment to Lampkin Construction and CSWS for $350,000. The
agreement was for eleven pieces of equipment; the largest piece of equipment was an Eagle
Sand Classifier. Lampkin Construction made the ini... More...
   $0 (12-20-2015 - MS)

Michael Shutes v. Universal Underwriters Service Corporation

Appellant Michael Shutes (“Shutes”) purchased a used 2006 Cadillac V6 CTS (“the vehicle”) from Suzuki Volvo of Memphis (“Suzuki”) on March 29, 2010. At the time of the vehicle purchase, Shutes also purchased a vehicle services contract (“services contract”) written by Appellee Universal Underwriters Service Corporation, d/b/a Zurich, (“Zurich”) for $1,707.00. The services contract pertained only... More...   $0 (12-17-2015 - TN)

GREEN v. USA

·Mr. Green's complaint is captioned "United States District Court for D.C. Washington D.C." and contains allegations directed to establishing a class action on behalf of "freedmen members [who] would have rights equal to those of [S]eminoles by blood." Compl. at 1. The complaint lists a variety of federal Indian treaties and refers to statutory provisions codified in
Title 25 of the United St... More...
   $0 (12-13-2015 - DC)

Safeway Insurance Company v.Tiffany Dukes, Robert Lee Hudson, Tawanda L. White, as Mother and Next Friend of Jeffrey L. Piggs, a Minor Child

Dukes applied for car insurance with Safeway in March 2012. The application
provided: “Applicant warrants that all regular, frequent drivers . . . are listed below . . . .”
Dukes listed only herself and signed the application warranting that there were no other
“regular, frequent drivers.” Safeway issued a policy to Dukes. In June 2012, Hudson was
driving Dukes’s car, with her... More...
   $0 (12-12-2015 - MS)

Mortgage Electronic Registration Systems, Inc. v. Carlton J. Ditto, et al.

In March 2005, Joseph L. Dossett and Gerald Dossett (collectively, ―the Dossetts‖) purchased property located at 5518 Oakdale Avenue in Chattanooga, Hamilton County, Tennessee (―the property‖ or ―the subject property‖), as joint tenants with the right of survivorship. The warranty deed for the property was recorded in the Register‘s Office for Hamilton County, ... More...   $0 (12-11-2015 - TN)

Knorr v. Norberg

In 2004, Robert and Cheri Knorr purchased a lot and constructed a home on Lake Audubon in McLean County. According to the Knorrs, the home was built to accommodate Cheri Knorr's Parkinson's disease and was intended to be their retirement home. When the real estate market declined, the Knorrs say they were forced to mortgage the lake property as well as some of their other property to stay current... More...   $0 (12-08-2015 - ND)

OBB Personenverkehr AG v. Sachs

Respondent Carol Sachs, a California resident, purchased a Eurail pass over the Internet from a Massachusetts-based travel agent. While using that pass to board a train in Austria operated by petitioner OBB Personenverkehr AG (OBB), the Austrian state-owned railway, Sachs fell to the tracks and suffered traumatic personal injuries. She sued OBB in Federal District Court. OBB moved to dismiss, c... More...   $0 (12-06-2015 - DC)

Lawing v. Univar

This case revolves around the packaging and labeling of sodium bromate, a chemical which contributed to a fire that occurred in a plant owned by Engelhard Corporation (Engelhard) in Seneca, South Carolina, in June 2004. At the time of the fire, Scott Lawing worked at Engelhard's Seneca plant as a maintenance mechanic.1 Engelhard produced a precious metal catalyst used in the automobile industry,... More...   $0 (12-05-2015 - SC)

Roskop Dairy v. GEA Farm Tech.

Roskop Dairy, L.L.C. (Roskop Dairy), owned by Michael Roskop (Roskop), is a commercial dairy operation. GEA Farm Technologies, Inc. (GEA), manufactures automated dairy equipment used in dairy systems. Midwest Livestock Systems, Inc. (Midwest), was an authorized dealer of GEA products. Roskop Dairy sued the defendants for damages allegedly stemming from the “Dematron 60 Air Detacher Package” (Demat... More...   $0 (12-04-2015 - NE)

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AK Morlan
Kent Morlan, Esq.
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