Warranty Law
 
Jet Trucking, LLC, Jacob E. Thurman and Sherry J. Thurman v. John H. Conway, Jr., John H. Conway, III, James D. Conway, J.H. Conway Trust

Tulsa, OK - Jet Trucking, LLC, Jacob E. Thurman and Sherry J. Thurman sued John H. Conway, Jr., John H. Conway, III, James D. Conway, J.H. Conway Trust on auto negligence theories.

1. Plaintiff, Jet Trucking. LLC is an Oklahoma limited liability company
with its business located in Owasso, Oklahoma.
2. Plaintiff, Jacob Thurman is an individual who resides in Rogers County,
Okl... More...
   $0 (09-03-2015 - OK)

Coghlin Electrical Contractors, Inc. v. Gilbane Building Co

This case requires us to resolve three issues
regarding a public construction contract that implements the
construction management at risk delivery method, pursuant to
G. L. c. 149A: (1) Does the owner who furnishes the plans and
specifications in a public construction management at risk
project give an implied warranty of their sufficiency for the
purpose intended,... More...
   $0 (09-02-2015 - MA)

Johnson v. U.S. Steel Corp

Benzene was first discovered and isolated from coal tar in the 1800’s but, today, is derived mostly from petroleum. (U.S. Dept. of Health & Human Services, Toxicological Profile for Benzene (2007) [as of Sep. 1, 2015], p. 2 (Benzene Profile).) It is a colorless liquid with a sweet odor that is widely used in the United States in the manufacture of lu... More...   $0 (09-02-2015 - CA)

Garnett v Strike Holdings LLC



Defendants Strike Holdings LLC and Strike Long Island, LLC (collectively, Strike) operated an indoor recreation facility that contained a go-kart racing track. On December 27, 2003, plaintiff rode as a passenger in a two-seat go-kart driven by her then boyfriend, third-party defendant, Lawrence Nadler. While driving on the track, they were allegedly bumped twice by other go-karts, allege... More...
   $0 (09-01-2015 - NY)

Tulsa Industrial Aurhtory and BOKF NA d/b/a Bank of Oklahoma v. Tulsa Airports Improvement Trust

Tulsa, OK - Tulsa Industrial Authority (Title 60 public trust) and BOKF, NA d/b/a Bank of Oklahoma sued Tulsa Airports Improvement Trust (a Title public trust) on breach of contract theories claiming:

Tulsa Industrial Authority, an Oklahoma public trust (hereafter the “Industrial Authority”), and BOKF, NA (d/b/a Bank of Oklahoma) for their Petition against Defendant, Tulsa Airports Improv... More...
   $1560000 (08-31-2015 - OK)

Kirkbride v. Terex USA






In 1980 Terex’s predecessor manufactured and sold the portable rock-crushing
plant at issue. As the name suggests, a rock-crushing plant is a large machine that
crushes larger rocks into smaller one... More...
   $0 (08-31-2015 - UT)

Mary M. Rawls v. Jeffrey Clark Rawls

When Mary Rawls and Jeffrey Rawls divorced in 2008, their Divorce Decree incorporated their agreement to divide bonus compensation that would be paid to Jeffrey in 2008 and for the following six years. Mary later sued Jeffrey to recover her share of bonus compensation that Jeffrey received from 2008 through
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2011. She also brought a bill of review attacking the 2008 Decree and a petition ... More...
   $0 (08-27-2015 - TX)

Benson v. Southern Cal. Auto Sales

Benson purchased a used Infiniti from SCAS on October 1, 2011. He alleged that he subsequently learned the car had a damaged frame. He also alleged the car’s price on the contract he signed was $1,496 higher than the advertised price ($24,995) and the contract falsely stated he did not make a deferred down payment, when he actually did.
Benson’s counsel sent SCAS two letters, both dated ... More...
   $0 (08-27-2015 - CA)

Larry Kirkbride v. Terex USA, LLC d/b/a Cedarapids

Plaintiff Larry Kirkbride was injured while attempting to dislodge a foreign object
from a portable rock-crushing plant manufactured by the predecessor of Defendant Terex
USA, LLC. Kirkbride brought a products-liability action against Terex, and a jury found
the company liable for failure to adequately warn of the plant’s dangers, for defectively
manufacturing a critical part insid... More...
   $0 (08-25-2015 - UT)

Alamo Recycling v. Anheuser Busch Inbev Worldwide

Plaintiffs Alamo Recycling, LLC (Alamo) and Chino Valley Recycling, LLC (Chino) operate “recycling center[s]” where beverage containers sold in California may be redeemed for their “California Redemption Value.” In this action, plaintiffs sued defendant Anheuser Busch Inbev Worldwide, Inc. and other companies that sell or distribute beverages containers in California (the Beverage Companies or de... More...   $0 (08-25-2015 - CA)

King Bradley, Jr. v. Ameristep, Inc. and Primal Vantage Co., Inc.

Plaintiffs King Bradley, Jr. (“Bradley”) and Christine Bradley
(“Christine”) appeal the district court’s grant of summary judgment in favor of defendants
No. 14-6087 Bradley, et al. v. Ameristep, et al. Page 2
Ameristep, Inc. and Primal Vantage Co., Inc. on this product liability suit in diversity. For the
reasons stated below, we reverse and remand for further proceedings.
More...
   $0 (08-24-2015 - TN)

Albert Morris and Tilda Morris, et al. v. Unified Housing Foundation Inc., et al.

Appellants were the plaintiffs in this suit for personal injuries, “malicious” contract breaches arising from an apartment lease, and federal civil rights violations. Their claims arose from an incident in which appellant Albert Morris was allegedly assaulted and injured without justification by an off-duty Parkland Hospital police officer and by City of Dallas police officers in the parking lot o... More...   $0 (08-24-2015 - TX)

Soto v. BorgWarner Morse TEC

In December 2009, Medina was diagnosed with mesothelioma, a type of cancer usually caused by exposure to asbestos. He filed a personal injury complaint against numerous defendants in March 2010, alleging causes of action for negligence, breach of implied warranty, strict products liability, fraud/failure to warn, and conspiracy to defraud/failure to warn. Medina preserved his testimony in video-... More...   $0 (08-21-2015 - CA)

Mike Birnbaum v. Gena J. Atwell

Mike and Beverly Birnbaum purchased a penthouse condominium unit in San Antonio in 2007. They had it remodeled and moved in two years later. Soon after they moved in, a rainstorm occurred and they discovered numerous water leaks throughout the unit.
The Birnbaums brought suit against the seller, Gena Atwell, Atwell’s realtor, Phyllis Browning, Browning’s company, and their own realtor, Mimi We... More...
   $0 (08-20-2015 - TX)

Needelman v. Dewolf Realty Co

Needelman entered into a one-year lease beginning on April 1, 2008, with the management company of DeWolf for an apartment on Greenwich Street in San Francisco (Greenwich apartment). DeWolf is an agent of M&H, the owner of the apartment building. After the lease expired on March 31, 2009, Needelman remained as a month-to-month tenant.
On December 22, 2011, DeWolf served Needleman with a t... More...
   $0 (08-19-2015 - CA)

Cooper v. Takeda Pharmaceuticals

Takeda, a pharmaceutical company headquartered in Japan, manufactures pioglitazone, a prescription drug used to treat type 2 diabetes, marketed in the United States since 1999 under the brand name Actos®. In 2006, plaintiff Jack Cooper was prescribed Actos® to treat his type 2 diabetes. He took Actos® continuously until he was diagnosed with bladder cancer in November 2011.
Jack and Nancy ... More...
   $0 (08-13-2015 - CA)

Joseph General Contracting, Inc. v. Couto

The appellant Anthony J. Silvestri1 appeals from the judgment of the Appellate Court affirming the judgment of the trial court in favor of the appellees, John Couto and Jane Couto.2 The trial court had found Silvestri personally liable for, inter alia, breach of contract, breach of implied warranty, and violation of the Connecticut Unfair Trade Practices Act (CUTPA),GeneralStatutes§ 42-110aetseq.T... More...   $0 (08-12-2015 - CT)

Edwin Aguero Jimenez v. Dole Food Company, Inc.

The “first-filed rule” is a well-established policy of the federal courts that “[i]n all cases of concurrent jurisdiction, the court which first has possession of the subject must decide it.” Smith v. McIver, 22 U.S. (9 Wheat) 532, 535 (1824). This rule permits the district courts, in their discretion, to stay, transfer or dismiss cases that are duplicates of those brought previously in other fede... More...   $0 (08-11-2015 - DE)

TOBIAS BERMUDEZ CHAVEZ, et al., v. DOLE FOOD COMPANY, INC., et al.

The “first-filed rule” is a well-established policy of the federal courts that “[i]n all cases of concurrent jurisdiction,
7
the court which first has possession of the subject must decide it.” Smith v. McIver, 22 U.S. (9 Wheat) 532, 535 (1824). This rule permits the district courts, in their discretion, to stay, transfer or dismiss cases that are duplicates of those brought previousl... More...
   $0 (08-11-2015 - PA)

Soto v. BorgWarner Morse

Secundino Medina died of asbestos-related mesothelioma. Medina’s estate, his daughters Patricia Soto, Yolanda Isaak, and Leticia Medina, and his great-grandson Eli Canett asserted claims for negligence, strict liability, and wrongful death against a host of defendants, alleging that their asbestos-laden products contributed to Medina’s mesothelioma. Their claims against defendant BorgWarner Mors... More...   $0 (08-05-2015 - CA)

Sanchez v. Valencia Holding Co.

The automobile sales contract in the present case has an arbitration agreement that provides, among other things, that arbitral awards of $0 or over $100,000 as well as grants but not denials of injunctive relief may be appealed to a panel of arbitrators. The arbitration agreement also has provisions that require the party appealing the award to front the costs of the appeal, preserve the right o... More...   $0 (08-03-2015 - CA)

Favero Farms v. Baugh

The Baughs owned twenty acres of land in Weber County, Utah. In 2004, they met with a wetlands consultant who informed them that there were wetlands on their property and that they therefore could not use fill dirt on the property without obtaining a permit from the United States Army Corps of
Favero Farms v. Baugh
20140711-CA 2 2015 UT App 182
Engineers. The Baughs had already pl... More...
   $0 (07-31-2015 - )

Kaye I. Johnson v. Danny Lee Gravitt

Norman, OK - Kaye I. Johnson sued Danny Lee Gravitt seeking a declaratory judgment claiming:

I. At all relevant times, Plaintiff was a resident of Oklahoma City, Cleveland County, State of Okiahoma, and as of on or about May 1, 2006, Plaintiff has been a resident of Oklahoma City, Oklahoma County, State of Oklahoma, for reasons hereinafter set forth.
2. At all relevant times, Defendan... More...
   $0 (07-24-2015 - OK)

NAMN, LLC v. Bernard J. Morello

Morello owns property at the northwest corner of 42d and Center Streets in Omaha, Nebraska. NAMN owns property immediately to the west of Morello’s property. Throughout this litigation, and hereinafter in this opinion, NAMN’s property is referred to as “Lot 9” and Morello’s property is referred to as “Lot 10.” A residential home is located on Lot 9, and there are no structures on Lot 10. Lot 10 se... More...   $0 (07-24-2015 - NE)

Toby Paul Couchman and Pro-Surv v. Elizabeth Cardona

Appellee, Elizabeth Cardona, filed suit against appellants, Toby Paul Couchman and Pro-Surv, for damages based on an allegedly incorrect land survey. Couchman and Pro-Surv filed a motion to dismiss based on Cardona’s failure to file a certificate of merit with her petition. Cardona nonsuited her claims against
2
Couchman and Pro-Surv and later filed the underlying suit based on the same un... More...
   $0 (07-23-2015 - TX)

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AK Morlan
Kent Morlan, Esq.
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