Warranty Law
 
JOANNE NEALE v. VOLVO CARS OF NORTH AMERICA, LLC; VOLVO CAR CORPORATION

Plaintiffs-Appellees Joanne Neale, Keri Hay, Kelly McGary, Svein Berg, Gregory Burns, David Taft, Jeffrey Kruger, and Karen Collopy (collectively “Plaintiffs”) filed suit on behalf of themselves and a nationwide class of current and former Volvo vehicle owners and lessees. Plaintiffs allege that a uniform design defect exists in the sunroof drainage systems in the following vehicles sold and leas... More...   $0 (07-23-2015 - )

Ed Rutledge v. Hewlett-Packard Company

This case is a class action brought by purchasers of notebook computers that were manufactured by Hewlett-Packard, Inc. (HP). Appellants are I Braun Degenshein (Degenshein), and Susanna Giuliano-Ghahramani (Giuliano-Ghahramani), both of whom are representative plaintiffs of a class of California residents who purchased certain HP notebook computers. The basis of appellants’ consumer action aga... More...   $0 (07-23-2015 - CA)

Joanne Neale v. Volvo Cars of North America, L.L.C.

This appeal involves a putative class action brought by consumers from six states alleging that Appellants-Defendants Volvo Cars of North America, LLC and Volvo
4
Car Corporation (collectively “Volvo”) sold certain vehicles with defective sunroof drainage systems. Volvo challenges the grant of class certification by the U.S. District Court for the District of New Jersey. For the reasons th... More...
   $0 (07-22-2015 - NJ)

Seth Baker v. Microsoft Corporation

Plaintiffs, a putative class of owners of Microsoft
Corporation’s (Microsoft) Xbox 360® video game console
(Xbox), appeal from the stipulated dismissal with prejudice
of their lawsuit and from the order striking their class
allegations. In striking the class allegations, the district court
deferred to an earlier class certification denial order involving
a similar putative ... More...
   $0 (07-20-2015 - WA)

ROGER JOHNSON and DOROTHY JOHNSON v. HAYMAN & ASSOCIATES, INC., HAYMAN RESIDENTIAL ENGINEERING SERVICES, INC. and HAYMAN RESIDENTIAL ENGINEERING SERVICES, LLC,

Roger and Dorothy Johnson appeal the circuit court’s grant of
summary judgment in favor of Hayman Residential Engineering Services, Inc.
(Hayman). The Johnsons sued Hayman on a theory of professional negligence
because Hayman made an allegedly substandard and inadequate structural
engineering report on the Johnsons’ home (the Home). The report was prepared for
Fannie Mae... More...
   $0 (07-16-2015 - )

Fairbanks Contracting and Remodeling, Inc. v. Anthony R. Hopcroft and Mary J. Hopcroft

Appellant Fairbanks Contracting and Remodeling, Inc., the defendant below, appeals a non-final order denying its motion to dismiss or transfer for improper venue. Appellant seeks to enforce a forum selection clause in a contract with the Appellees (plaintiffs below), Anthony and Mary Hopcroft. We agree that the clause is enforceable. Although Appellees’ complaint raises only a statutory claim of a... More...   $0 (07-15-2015 - FL)

In re Lennar Homes of Texas Sales and Marketing Limited, etc.

The court has considered relators’ petition for writ of mandamus and is of the opinion that relief should be granted regarding mediation and denied regarding arbitration. The trial court abused its discretion by appointing a
1See Tex. R. App. P. 47.4, 52.8(d).
2
mediator and assessing mediation costs in a manner not authorized by the parties’ contract. The portions of the petition addr... More...
   $0 (07-15-2015 - TX)

EOG Resources, Inc. v. Soo Line Railroad Company, d/b/a Canadian Pacific Railway

Soo Line Railroad Company and G-4, LLC appeal from a summary judgment declaring Soo Line does not own an interest in the minerals in and under certain Mountrail County property and G-4 does not hold a valid leasehold interest in the property. Soo Line and G-4 argue the district court erred in finding seven private deeds conveyed only easements and not a fee simple title to Soo Line's predecessor-i... More...   $0 (07-15-2015 - )

CFE Racing Products, Inc. v. BMF Wheels, Inc.

Plaintiff CFE Racing Products, Inc. (“Plaintiff”) appeals from the
order of the district court entering a narrow permanent injunction against BMF Wheels, Inc. and
BMF Wheels owner Brock Weld (“Defendants”) on February 24, 2014 following a jury trial that
resulted in a verdict for Plaintiff. Plaintiff argues that the injunction crafted by the district court
is inadequate, and that t... More...
   $0 (07-13-2015 - MI)

JOSEPH GENERAL CONTRACTING, INC. v. JOHN COUTO ET AL. JOHN COUTO ET AL. v. LANDEL REALTY, LLC, ET AL

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 (07-13-2015 - )

Robert C. Lisk v. Lumber One Wood Preserving, LLC

In this proposed class action, the named plaintiff asserts that wood he bought for a fence at his home was not properly pressure-treated and that it prematurely rotted. He asserts claims against the defendant wood manufacturer under Alabama law, first for violating the Alabama Deceptive Trade Practices Act, and second for breach of express warranty. The district court dismissed the claims.
Thi... More...
   $0 (07-12-2015 - )

McKenzie v. Ford Motor Co.

James McKenzie appeals from the trial court’s order awarding him only $28,350 of the nearly $48,000 in attorney fees he sought in this case, following the parties’ settlement of McKenzie’s claim under the automobile “lemon law” provisions of the Song-Beverly Consumer Warranty Act (Civ. Code, § 1790 et seq.). He contends the court abused its discretion by awarding him none of the attorney fees he ... More...   $0 (07-12-2015 - )

BRUENING ROCK PRODUCTS, INC. vs. HAWKEYE INTERNATIONAL TRUCKS,

Bruening Rock Products, Inc. purchased trucks from Hawkeye
International Trucks. In time, Bruening sued Hawkeye, alleging breach of its
contract to provide trucks with a gross vehicle weight rating (“GVWR”) of 74,000
pounds. The case was tried to a jury. At the close of Bruening’s evidence,
Hawkeye moved for a directed verdict on several grounds, including a theory that
... More...
   $0 (07-12-2015 - )

DONNA CANAVAN vs. JOE W. CONLAN, MICHAEL SAUSER, and CS & R, LLC d/b/a CORNERSTONE HOMES,

A home buyer appeals from an adverse judgment following jury trial of her
breach-of-contract, negligence, and misrepresentation claims against the seller.
Donna Canavan contends the trial court (1) erred in not granting a new trial when
the jury’s verdict was not sustained by sufficient evidence; (2) erred in failing to
grant a directed verdict in regard to the individual liab... More...
   $0 (07-11-2015 - )

POLLY M. RUHLAND, f/k/a/ POLLY MARIE (MOORE) GRANT v. SUE ELLIOTT and LORENA ELLIOTT, a/k/a LORENA ANNIS

This case arises from a dispute over the ownership of a 5.5-acre tract of real estate in Cloud County. The district court determined that Keith Elliott, who had at one time deeded away the land to his then-wife's daughter, had regained possession of the disputed tract through adverse possession. A panel of the Court of Appeals reversed on the issue subject to our grant of review, concluding that... More...   $0 (07-11-2015 - )

Wyle Inc. v ITT Corp

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered October 23, 2013, which denied defendants' CPLR 3211(a)(1) and (7) motion to dismiss plaintiffs' amended complaint asserting fraudulent inducement, affirmed, without costs.

The court properly concluded that the fraudulent inducement claim was not duplicative of the breach of contract claim.

The underlying facts... More...
   $0 (07-01-2015 - )

Kay Eckler v. Neutrogena Corporation

This case concerns congressional intent with respect to label information on
sunscreen products: is it to be determined solely by the federal agency it charged with
ensuring uniform labeling for those products, or, in addition, by each state through
private civil suits. Appellants Kay Eckler and Steve Engel filed separate actions against
respondent Neutrogena Corporation alleging t... More...
   $0 (07-01-2015 - CA)

Corina Munoz v. Chipotle Mexican Grill, Inc.

Plaintiffs Corina Munoz and Keresha Edwards appeal from an order denying certification of a class of approximately 26,000 nonexempt California current and former employees of defendant Chipotle Mexican Grill, Inc. (Chipotle) regarding what plaintiffs allege is Chipotle‘s policy to require employees to purchase slip-resistant shoes from a vendor, Shoes for Crews, in order to work at Chipotle‘s rest... More...   $0 (06-30-2015 - CA)

Richard E. Glossip v. Kevin Gross

Prisoners sentenced to death in the State of Oklahoma
filed an action in federal court under Rev. Stat. §1979, 42
U. S. C. §1983, contending that the method of execution
now used by the State violates the Eighth Amendment
because it creates an unacceptable risk of severe pain.
They argue that midazolam, the first drug employed in the
State’s current three-drug protocol,... More...
   $0 (06-30-2015 - DC)

Real Property Holding Indian River County, FL, LLC v. James R. Adams, et al.

Tulsa, OK - Real Property Holding Indian River County, FL, LLC sued James R. Adams, Mardila Trust and Mardila Enterprises for declaratory judgment seeting construction of a trust claiming:

1. On the 2 day of July 2010, judgment was rendered against, among others, defendant James R. Adams, jointly and severally, in Case No. 312009CAO1O591XXXXXX in the Circuit Court of the Nineteenth Judici... More...
   $0 (06-26-2015 - OK)

Carpon Construction, Inc. v. Michael John Hafaffey, Ashley Nichole Mahaffey p/a/k Ashley Nichole Brown

Tulsa, OK - Civil trial lawyer Steve Capron represented Capron Construction, Inc. on breach of contract theories against Michael John Hafaffey, Ashley Nichole Mahaffey p/a/k Ashley Nichole Brown claiming:

1. Plaintiff is an Oklahoma corporation doing business in Tulsa County, Oklahoma.More...
   $0 (06-22-2015 - OK)

Michael D. Galier v. Murco Wall Products and Welco Manufacturing Company

Oklahoma City, OK - Michael D. Galier, age 51, from Moore, Oklahoma sued Murco Wall Products and Welco Manufacturing o Company on products liability theories claiming that he developed malignant mesothelioma as a direct result of being exposed to products containing asbestos claiming:

Statement of Material Facts To Which No Genuine Issue Existed Before Trial:

1. Plaintiff filed ... More...
   $60000000 (06-12-2015 - OK)

Teri Sneberger v. Jerry Morrison d/b/a Jerry Morrison Construction and James Phillips

The petitioner and plaintiff below, Teri Sneberger, appeals a final order of the
Circuit Court of Randolph County entered on June 2, 2014, denying her motion for a new
trial in her civil action against the respondents and defendants below, Jerry Morrison, d/b/a
Jerry Morrison Construction, and James Phillips, arising out of the construction of her log
home. Following a three-day tr... More...
   $0 (06-11-2015 - WV)

Lee Ann Cholopisa v. Roy William Cholopisa

By two issues, appellant Lee Ann Cholopisa (Lee Ann) appeals the trial court’s division of property with appellee Roy William Cholopisa (Roy). Lee Ann asserts that (1) the trial court based its decision upon inadmissible hearsay evidence, and (2) Roy committed fraud. We affirm.
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I. BACKGROUND
Lee Ann and Roy married on January 2, 2002, and the couple separated in March 2010. On Apri... More...
   $0 (06-04-2015 - TX)

Lonnie Charles Smith v. City of Wichita Falls, Wichita County, and Wichita Falls Independent School District

This is an appeal from a suit for delinquent property taxes and foreclosure of a tax lien. In six issues, Appellant Lonnie Charles Smith, appearing pro se,
1See Tex. R. App. P. 47.4.
2
argues that he is not the owner of the property at issue and that he was denied procedural due process because he did not receive the tax assessments, so he could not challenge the valuation of the prope... More...
   $0 (06-04-2015 - TX)

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