Warranty Law
 
United States of America v. John Wesley Clark

Charlotte NC - Charlotte-Area Appliance Repairman Sentenced To 30 Months On Wire Fraud And Tax Fraud Charges

The Defendant Received over $576,000 in Payments for Fraudulent Warranty Claims.

Chief U.S. District Judge Frank D. Whitney sentenced John Wesley Clark, 43, of Charlotte, to 30 months in prison on wire fraud and tax fraud charges, receiving over $576,000 in payments for fr... More...
   $0 (12-03-2015 - NC)

Johnson v. Buskohl Construction, Inc.

John Buskohl and Buskohl Construction Inc. (collectively "Buskohl") appeal from a district court's judgment entered on a jury verdict and from an amended order denying a motion for a new trial. We conclude the district court erred in admitting hearsay evidence that did not fall within an exclusion or exception. We reverse the district court's judgment and remand for a new trial, because the distri... More...   $0 (12-03-2015 - ND)

Thomas DeMarco v. Sean Robert Stoddard, D.P.M

In this appeal, we consider whether the Rhode Island
Medical Malpractice Joint Underwriting Association (RIJUA) must
defend and indemnify a podiatrist in a medical malpractice
action pending in New Jersey following rescission of the
podiatrist’s medical malpractice liability policy. The policy
had been rescinded due to material misrepresentations concerning
the state... More...
   $0 (12-01-2015 - NJ)

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... More...
   $0 (11-30-2015 - OK)

Glossip v. Gross

After Oklahoma adopted lethal injection as its method of execution, it used a three-drug protocol of sodium thiopental (a barbiturate) to induce a state of unconsciousness; a paralytic agent to inhibit all muscular-skeletal movements; and potassium chloride to induce cardiac arrest. In 2008 the Supreme Court held that that protocol did not violate the Eighth Amendment’s prohibition against cruel a... More...   $0 (11-30-2015 - DC)

DALE GOETTSCH, KATHY GOETTSCH, MARGARET STEFFEN vs. THOMAS GOETTSCH, BRIAN GOETTSCH, CIRCLE G FARMS, INC., GOETTSCH FARMS

Petitioners Dale Goettsch, Kathy Goettsch, Margaret Steffen and Defendants Thomas
Goettsch and Brian Goettsch are shareholders of Circle G Farms, Inc., a closely-held Iowa farm
corporation. Defendants Tom Goettsch and Brian Goettsch, at all relevant times, have been
directors and officers of Circle G Farms, Inc. Paul Goettsch is no longer a shareholder but was
previously a dir... More...
   $0 (11-29-2015 - IA)

Akilah Louise Wofford, et al. v. M.J. Edwards & Sons Funeral Home Inc., et al.

Plaintiff/Appellee Akilah Wofford‘s father, L.C. Wofford, died on June 10, 2013 after suffering a heart attack in his yard. Ms. Wofford, who graduated from high school in 2008, was a college student at the time of her father‘s death. She was raised by her father. When her father passed away, her aunt assisted her with making the funeral arrangements. The family contacted Defendant/Appellant M.J. E... More...   $0 (11-26-2015 - TN)

328 Barry Avenue, LLC vs. Nolan Properties Group, LLC

The questions presented in this case concern the interpretation and application of
the 2-year statute of limitations in Minn. Stat. § 541.051, subd. 1(a) (2014), which applies
to actions “arising out of the defective and unsafe condition of an improvement to real
property.” Appellant 328 Barry Avenue, LLC (328 LLC) used respondent Nolan
Properties Group, LLC (NPG) as the gene... More...
   $0 (11-25-2015 - MN)

North Fork Land & Cattle, Lllp v. First American Title Insurance Company

Between 1983 and 1999, Ronald and Carol Hansen purchased five separate properties and combined them to form a ranch in Fremont County, Wyoming. The Hansens held title to four of the properties as husband and wife. They obtained title insurance on the properties from First American and were named personally as insureds. Mr. Hansen held title to the other parcel as trustee of his revocable trust... More...   $0 (11-24-2015 - WY)

STATE Of South Dakota v. THOMASON

In 2014, this Court vacated Kenneth Dale Thomason Jr.’s (Ken)
conviction of aggravated theft by deception. State v. Thomason, 2014 S.D. 18, 845
N.W.2d 640. We held that the State failed to prove all the elements of the offense.
Id. ¶ 30. After we vacated his conviction, the State charged Ken with two counts of
forgery in violation of SDCL 22-39-36 and SDCL 22-3-3 (aid and a... More...
   $0 (11-19-2015 - SD)

Wyo-Ben, Inc., a Corporation v. Boyd J. Van Fleet

The State of Wyoming issued a gentleman by the name of D.K. Jones a patent for the property involved in this case in 1955. A couple of decades passed before he and his wife (who was on the title by that time) entered into a mining lease which covered their property and some neighboring lands with Wyo-Ben on November 1, 1970. This conveyance is known as the Jones-Manning lease. [¶4] The lease al... More...   $0 (11-19-2015 - WY)

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... More...
   $1 (11-18-2015 - OK)

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... More...
   $0 (11-17-2015 - TN)

USF&G v. Ashley Reed

On July 12,2011, Plaintiff United States Fidelity and Guaranty Company ("USF&G")
filed a complaint against Defendants Ashley Reed Inc. ("Ashley Reed"), Scott Ressler, James
Ressler (collectively, the "Ashley Reed Defendants"), Fendi Adele, S.r.l., Fendi S.r.l, and Fendi
North America, Inc. (collectively, "Fendi"), seeking a declaratory judgment that three liability
insurance po... More...
   $0 (11-15-2015 - NY)

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... More...
   $0 (11-12-2015 - OK)

Harry Oliver Winkenhower v. George Allan Smith, independent executor of the Estate of Lyda Catherine Smith, Deceased

Appellant and appellee own real property in Bandera County. Appellee sued appellant seeking a partition of the property. Appellant filed a counterclaim seeking to enforce an oral agreement to convey the property into a family trust. Appellee filed a traditional and no-evidence motion for summary judgment on appellant’s counterclaims, which the trial court granted. The trial court later signed a De... More...   $0 (11-10-2015 - TX)

FCN, INC. v. United States of America

The Army issued the Request for Proposal (“RFP”) for the IT services on September 25, 2011. The solicitation will result in the award of multiple Fixed Price Indefinite Delivery/Indefinite Quantity (“IDIQ”) contracts, with a maximum amount of orders placed under each contract not to exceed $5,000,000,000 over a five year period. The RFP provides that proposals will be evaluated in a two-phase eval... More...   $0 (11-08-2015 - VA)

Chesapeake Exploration, L.L.C. v. Buell

In this case, which is before us on the certification of state-law questions by the United States District Court for the Southern District of Ohio, Eastern Division, we address whether, under Ohio’s Dormant Mineral Act, codified in R.C. 5301.56, a recorded lease of severed oil and gas rights, or the expiration of that lease, is a title transaction that constitutes a saving event to preclude the se... More...   $0 (11-05-2015 - OH)

Price v. Philip Morris, Inc.

The plaintiffs, Sharon Price and Michael Fruth, as individuals and on behalf of a class of similarly situated individuals, filed a petition in the circuit court of Madison County seeking relief from judgment pursuant to section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2012)). The circuit court denied the petition on the merits and the appellate court reversed In February, 200... More...   $0 (11-04-2015 - IL)

Jerome Cha v. 357 Incorporated d/b/a Reco Enterprises ADBA Reco Construction Co., et al.

Tulsa, OK - Jerome Cha sued 357 Incorporated d/b/a Reco Enterprises ADBA Reco Construction Co.,Phillips Slaughter Rose, Inc., Paul M. Rose, Danny R. Mitchell Architect, P.C., Danny R. Mitchell, Tulsa Tie Scaping, Inc.,Belongia Consultants, Inc., David L. Belongia, Chandler Materials Company, Bill Martin, Bebee Engineering and Ron Bebee on breach of contract, professional negligence, breach of impl... More...   $0 (10-29-2015 - OK)

Creative Artists Agency, LLC, Twisted Roads Touring, LLC, 4FINI, Inc., Brett Saliba, Sarah Siquieros F/K/A Sarah Baer, and Kevin Lyman v. Las Palmas Race Park, LLC Las Palmas Downs, Inc. and Front Porch Entertainment

Appellants, Creative Artists Agency, LLC, Twisted Roads Touring, LLC, 4FINI, Inc., Brett Saliba, Sarah Baer, and Kevin Lyman (collectively “Creative Artists”) appeal from the trial court’s denial of their motion to compel arbitration with appellees, Las Palmas Race Park, LLC, Las Palmas Downs, Inc., and Front Porch Entertainment, Inc. (collectively “Las Palmas”). By their first issue, appellants c... More...   $0 (10-29-2015 - TX)

CASPER LODGING v. AKERS

On October 15, 2003, Robert Akers agreed to sell to James Koehler a
“turn key Eighty-Four (84) unit Holiday Inn Express” in Casper, Wyoming. The
purchase price was set at $4,850,400. The hotel was not yet built; therefore, the
parties executed a contract entitled “Improvement Purchase Agreement”
(Agreement). The Agreement “set forth the terms and conditions under which
... More...
   $0 (10-29-2015 - SD)

Branch Banking & Trust Company et al. v. Rex A. Nichols and Claudene Nichols

In late 2005, Sonny began talking to Winfree about obtaining financing from Colonial Bank ("Colonial"), Winfree's employer, for the purchase of approximately 500 acres of real property in Stapleton, Alabama ("the Stapleton property"). The Nicholses intended to develop the Stapleton property into a subdivision. Both Sonny and Claudene had worked in the real-estate market in Baldwin County for seve... More...   $0 (10-26-2015 - AL)

Timothy Terry and Penny Terry v. William O'Brien and Susan Cain O'Brien

In the early 1980s, landlords William and Susan O’Brien purchased the subject
property, which is located in the Old North End of Burlington and includes a two-story house
and brick building (referred to as the creamery) with a common wall to the rear of the house.
The creamery has no fixtures and has never been inhabited. After landlords purchased the
property in 1982, the ho... More...
   $0 (10-24-2015 - VT)

Timothy Terry and Penny Terry v. William O'Brien and Susan Cain O'Brien

In the early 1980s, landlords William and Susan O’Brien purchased the subject
property, which is located in the Old North End of Burlington and includes a two-story house
and brick building (referred to as the creamery) with a common wall to the rear of the house.
The creamery has no fixtures and has never been inhabited. After landlords purchased the
property in 1982, the h... More...
   $0 (10-23-2015 - VT)

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