Warranty Law
 
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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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Steven Hale v. Jim Norton Chevrolet, LLC and General Motors, LLC

Tulsa, OK - Steven Hale sued Jim Norton Chevrolet, LLC and General Motors, LLC on an auto negligence theory claiming:

1. Steven Hale is an individual and a truck driver for Oklahoma Custom
Courier, LLC The Defendant Jim Norton Chevrolet, LLC, is a limited liability company
doing business in Tulsa County, State of Oklahoma The Defendant, General Motor
Company, Chevrolet Divisio

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Maryland Casualty Company v. Premier Painting GC, LLC, Paul Davis Systems of Tulsa, LLC v. Paul Davis Restoration

Tulsa, OK - Maryland Casualty Company sued Premier Painting GC, LLC, Paul Davis Systems of Tulsa, LLC v. Paul Davis Restoration on negligence theories claiming:

Plaintiff, MARYLAND CASUALTY COMPANY as subrogee of Petroleum
Equipment Institute (“MCC” or ‘Plaintiff”), for its Petition against Defendants Premiere
Painting 0(2, Inc. (“Premiere”) and Paul Davis Systems of Tulsa d/b/a P

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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,

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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

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Tania B. King v. Phoenix Residential Construction, LLC, Brad Boone, McGraw Davisson Stewart, LLC d/b/a McGraw Realtors, Sherri Sanders and Robert Curnutt

Tulsa, OK - Tania B. King sued Phoenix Residential Construction, LLC, Brad Boone, McGraw Davisson Stewart, LLC d/b/a McGraw Realtors, Sherri Sanders and Robert Curnutt on breach of contract, recission, fraud, negligence and other theories claiming:

For her claims against Defendants Phoenix Residential Construction, LLC (�Phoenix�) and Brad Boone (�Boone�), collectively (�Defenda

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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:

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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

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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

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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

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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

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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

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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

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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)

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