Warranty Law
 
Adams v. Manchester Park

Southfork Homes, Inc. (Southfork), petitioned this court for further review after the Nebraska Court of Appeals found an action brought against it for defective construction of a home was not barred by the applicable statute of limitations. We conclude the Court of Appeals erred, and we reverse, and remand to the Court of Appeals with directions to affirm the judgment of the district court. BACKGR... More...   $0 (10-23-2015 - NE)

Positive Progressions, Llc, a Wyoming Limited Liability Company, Northern Developmental Disability Service Providers, Inc., a Wyoming Corporation, and Nathan Cook v. Amy Landerman, F/K/A Amy Baxter

In November of 2010, Amy Landerman approached Nathan Cook about buying her business, Northern Developmental Disability Service Providers, Inc. (Northern). Mr. Cook expressed interest in buying the business. On January 24, 2011, Ms. Landerman emailed Mr. Cook and offered to sell Northern for $247,500. Mr. Cook indicated his interest in buying the business and the two agreed to meet at Northern’... More...   $0 (10-23-2015 - )

Jerry Weaks and Joyce Weaks v. Kathleen Jeanette White

On June 5, 2002, the Weakses, as sellers, and White, as purchaser, executed a document entitled “Contract for Deed” pursuant to which White agreed to make a down payment and monthly installments for ten years to purchase a small tract of land and a mobile home. White did not make a payment in December 2011, January 2012, or February 2012. In February 2012, the Weakses demanded that she pay the amo... More...   $0 (10-21-2015 - TX)

Jennifer Diane Nunez v. Pinnacle Homes, LLC and SUA Insurance Company

We granted the defendants’ writ application in this case to determine
whether the lower courts erred by imposing personal liability on the sole member
and manager of a limited liability company (“L.L.C.”). The issue presented concerns
the scope of the narrow professional duty exception to the general rule of limited
liability for members, managers, employees, and agents of an... More...
   $0 (10-16-2015 - LA)

Greater Boise Auditorium District v. Frazier

The District is a governmental subdivision that is organized under Idaho Code section 674901 and operates in Boise. The District currently operates the Boise Centre, a convention center in Downtown Boise. The District seeks to expand operations by acquiring a new facility (hereinafter the Centre Facility) being constructed near the Boise Centre. But the District, as a governmental subdivision, is ... More...   $0 (10-15-2015 - ID)

Lightning Oil Company v. Anadarko E&P Onshore LLC fka Anadarko E&P Company, LP

On August 19, 2015, this court issued an opinion and judgment in this appeal. Acting sua sponte, we withdraw our opinion and judgment of August 19, 2015, and substitute this opinion and judgment to clarify portions of the opinion. See TEX. R. APP. P. 19.1.
This is a subsurface trespass case between lessees of two adjacent mineral estates. Lightning Oil Company sued Anadarko E&P Onshore LLC to ... More...
   $0 (10-14-2015 - TX)

Commonwealth v. Occhiuto

At some point in 2009, the defendant became
the target of a drug investigation (code-named "Operation
Cryptonite") jointly conducted by Federal, State, and local law
enforcement agents. A cooperating witness, code-named "Olive,"
was enlisted to attempt to buy two ounces of "crack" cocaine and
thirty grams of heroin from the defendant, using money supplied
by the age... More...
   $0 (10-13-2015 - MA)

Morad El-Raheb v. OK Building Solutions, LLC and Lapolla Industries

Tulsa, OK - Morad El-Raheb sued OK Building Solutions, LLC and Lapolla Industries on breach of contract theories claiming:

1. At all times material hereto, Plaintiff, Morad El-Raheb, was and is a resident of City of Tulsa, County of Tulsa, State of Oklahoma.
2. The Defendant, OK Building Solutions Limited Liability Company (“OK Building”) is a domestic limited liability company.
3... More...
   $1 (10-09-2015 - OK)

Badilla v. Wal-Mart Stores East Inc.

Plaintiff, a tree trimmer, purchased a pair of Brahma brand men’s work boots
3 from Wal-Mart on October 19, 2003. The boots’ packaging described the boots as
4 “iron tough,” “rugged leather . . . men’s work boots.” The label also stated that the
5 boots “me[t] or exceed[ed] ASTM F2413-05 standards,” which “outlin[e] what
6 footwear employers must ensure employees use under the Occ... More...
   $0 (10-07-2015 - NM)

Rohrmoos Venture, Eric Langford, Dan Basso and Tobin Grove v. UTSW DVA Healthcare, LLP

Rohrmoos Venture's motion for reconsideration is denied. On the Court's own motion,
we withdraw our opinion dated August 3, 2015 and vacate the judgment of that date. This is
now the Court's opinion.
This case involves claims for breach of the implied warranty of suitability and breach of
contract arising out of a commercial lease. The jury found that both parties breached the leas... More...
   $0 (10-05-2015 - TX)

Financial Freedom Acquisition, LLC v. Standard Bank and Trust Company

On July 9, 2009, Mary Jane Muraida (Mary) and Standard entered into a consumer credit transaction for an adjustable rate home equity conversion mortgage, also known as a reverse mortgage, along with an adjustable rate note with Marquette National Bank.2 The note was secured by a condominium located at 10420 South Circle Drive, Unit 21B, Oak Lawn, Illinois, which was the property held in Trust No. ... More...   $0 (10-03-2015 - IL)

Virgil Holden v. Ford Motor Company

Oklahoma City, OK - Ford Motor Company wins products liability law suit

Virgil Holden, as the personal representative of the Estate of Carole Tapp, deceased, sued Ford Motor Company, Forest River, Inc., TRW Vehicle Safety Systems, Inc., Frank's Custom Trailer Sales and Country Ford Mercury, Inc. on products liability theories claiming:

1. Plaintiff Virgil Holden, a resident of Ok... More...
   $0 (10-02-2015 - OK)

Nadir N. Ali and Mumtaz Ali v. Flessner Enterprises, Inc.

Appellants Nadir N. Ali and Mumtaz Ali appeal the trial court’s judgment in favor of appellee Flessner Enterprises, Inc. (FEI). The trial court awarded damages in the amount of $145,543.37 and $4,500.00 in attorneys’ fees after a trial before the bench. The Alis challenge the trial court’s judgment by four issues. We affirm.
2
I. BACKGROUND
The Alis purchased a gas station by the name ... More...
   $0 (10-01-2015 - TX)

Red Boot Production Company, Inc., Barbara Landrum, Widow of Claude John Landrum, Eric Landrum, Matthew Wayne Landrum, Scott Michael Landrum, Dawn Ewing Mills, Tamara Ewing, Sean Ewing, Laura Ewing, J. Patrick Morris Sr., Joseph J. Morris, et al v. Samson Exploration, LLC and SM Energy Company F/K/A St. Mary Land & Exploration Company, et al

In this trespass to try title appeal that concerns oil and gas interests, the parties to the appeal dispute whether the trial court properly granted summary
2
judgment quieting title to a strip of land in use as an irrigation canal. Based on the summary judgment evidence, the trial court determined that a 1908 deed and a 1916 deed conveyed the grantor’s interest in the two tracts to the ce... More...
   $0 (10-01-2015 - TX)

Rice v. Sallaz

Dennis Sallaz and Renee Baird married in 1996. After having separated in the fall of 2003, they divorced on July 28, 2005. The property and debt issues were hotly contested, tried before the court on four separate occasions between November of 2005 and July of 2006, and determined in a written decision entered on October 30, 2007. Among the assets at issue in the divorce trial were Real Homes, LLC... More...   $0 (09-26-2015 - )

Hyundai Motor Co. v. Duncan

In this products liability action, Hyundai Motor Company, Ltd., and Hyundai Motor America, Inc. (Hyundai) appeal from a judgment entered on a jury verdict in favor of Keith Allen Duncan and Vanessa Duncan, Guardians and Conservators for Zachary Gage Duncan (Gage), and Keith Allen Duncan and Vanessa Duncan, Individually.1 Hyundai contends the circuit court erred in admitting the opinion testimony ... More...   $0 (09-20-2015 - VA)

Orlander v. Staples, Inc

On March 3, 2012, Plaintiff purchased a Hewlett Packard computer at a Staples store, and 2
also purchased Staples’s two-year “Carry-in” Protection Plan for $99.99. He was given a 3
Protection Plan Brochure (“the Contract”), as well as verbal assurances from a Staples sales 4
representative that “[t]he manufacturer’s warranty [would] not be sufficient to address issues that 5
ar... More...
   $0 (09-18-2015 - NY)

American Dream Team, Inc. v. Citizens State Bank

ADT is a real estate brokerage firm specializing in selling properties in the Cedar Creek Lake area of Henderson County, Texas. On January 23, 2010, it received the following system wide email sent by the marketer Point2 Real Estate:
23-Jan-2010
Prospect Email
You are receiving this email because Mr. Yang Hua Lopez has emailed you from your website.
Email: yanghl@informaticos.comMore...
   $0 (09-16-2015 - TX)

Andrew Orlander v. Staples, Inc.

21 Plaintiff Andrew Orlander, a resident and citizen of New York State, appeals from the
22 district court’s dismissal, under Fed. R. Civ. P 12(b)(6) for failure to state a claim, of his claims for
23 breach of contract and for violations of New York General Business Law (“N.Y. GBL”) Sections
24 349 and 350, which prohibit deception of consumers and false advertising. Defendant Staples... More...
   $0 (09-16-2015 - NY)

Badilla v. Wal-Mart Stores East Inc.

Kenneth Badilla (Plaintiff) bought a pair of work boots at Wal-Mart. He claims
8 the soles of the boots came unglued, causing him to trip and injure his back. More
9 than three years later, on September 20, 2007, he sued Wal-Mart and its store
10 manager (Defendants) for breach of express and implied warranties. In his complaint
11 Plaintiff seeks damages for personal injuries he ... More...
   $0 (09-16-2015 - NM)

Badilla v. Wal-Mart Stores East Inc.

Kenneth Badilla (Plaintiff) bought a pair of work boots at Wal-Mart. He claims
8 the soles of the boots came unglued, causing him to trip and injure his back. More
9 than three years later, on September 20, 2007, he sued Wal-Mart and its store
10 manager (Defendants) for breach of express and implied warranties. In his complaint
11 Plaintiff seeks damages for personal injuries he ... More...
   $0 (09-16-2015 - NM)

State Of Connecticut v. Bacon Construction Co.

.Thenameddefendant,BaconConstructionCompany,Inc.,1appealsfromthetrialcourt’sdenial of its motion for summary judgment, in which it argued thattheclaimshereinassertedbytheplaintiff,thestate of Connecticut, are all barred by the doctrines of res judicata and collateral estoppel2 because such claims wereorcouldhavebeenmadeanddecidedinanearlier arbitrationproceedinginitiatedbythedefendantpursuant to G... More...   $0 (09-14-2015 - CT)

TERRANCE LEE SCOTT and LAURIE A. SCOTT v. THE LEE AND DONNA METCALF CHARITABLE TRUST

On January 3, 1996, Donna Metcalf (Metcalf) transferred a 40-acre parcel of land
located near Lake Helena to Richard Thieltges (Thieltges) by warranty deed. The deed
stated that:
[Metcalf], for and in consideration of the sum of One Dollar and other valuable consideration... to her in hand paid by [Thieltges],... does by these presents grant, bargain, sell, convey, warrant and conf... More...
   $0 (09-12-2015 - WY)

Merchants Insurance Group v. Spicer

On December 30, 2011, Joel Estaban Perez was
seriously injured while working for Kevin Spicer, doing business
3 Established by St. 1985, c. 572, § 55, the Fund "provide[s], among other things, a source of payment for an employee who suffers a work-related injury while working for an employer who does not have workers' compensation insurance in violation" of G. L. c... More...
   $0 (09-09-2015 - MA)

Pelco Construction Company v. Chambers County, Texas

Pelco Construction Company filed suit against Chambers County, Texas, Kurt Amundson, and Amundson Consulting, Inc. over a construction contract. Chambers County counter-sued. The trial court granted summary judgment on liability in favor of Chambers County and Amundson Consulting on all claims in
2
the suit. The parties then proceeded to trial on Chambers County’s damages for its breach of... More...
   $0 (09-07-2015 - TX)

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