Warranty Law
 
Justin Leber v. DKD of Davis, Inc.

Justin Leber and Katherine Neumann (collectively, Leber) sued DKD of Davis, Inc. (DKD), under California’s “lemon law,”1 after buying a Silverado truck with an allegedly defective transmission. Leber timely appeals from a judgment following the trial court’s order granting DKD summary judgment. We shall affirm.
1 The Song-Beverly Consumer Warranty Act, found at Civil Code section 1790 ... More...
   $0 (06-04-2015 - CA)

Michael Ney v. Farm Bureau Life Insurance Company

After the death of Shawn Ney (Shawn), his father, Michael Ney (Michael), filed a claim under a life insurance contract naming Shawn as the insured and Michael as the sole beneficiary. Farm Bureau Life Insurance Company (FBL) denied payment of the death benefit under the policy. Michael then filed a lawsuit seeking the policy value of the death benefit. The district court granted summary judgment i... More...   $0 (06-04-2015 - KS)

Francis Williams Montenegro and Lynda Williams v. Wells Fargo Bank, N.A., successor by merger to Wells Fargo Bank, Minnesota, N.A., as Trustee f/k/a Norwest Bank Minnesota, N.A., as Trustee for the Structured Asset Securities Corporation Amortizing Residential Collateral Trust Mortgage Pass-Through et al

Francis Williams Montenegro and Lynda Williams appeal a trial-court summary
judgment in a forcible-detainer suit awarding Wells Fargo Bank, N.A. possession of real property
(the Property) in Travis County. In several issues, appellants contend that they were denied due
process, that the county court did not have jurisdiction, that limitations barred the suit, and that
Wells Fargo w... More...
   $0 (06-03-2015 - F)

Gunboat Park Surplus & Militaria, LLC v. Joda Co., David Bershof and Parrish Company

Tulsa, OK - Gunboat Park Surplus & Militaria, LLC sued Joda Co., David Bershof and Parrish Company on breach of contract theories claiming:

1. The Plaintiff is an Oklahoma limited liability company with its principal place of business in Tulsa, Oklahoma.
2. Defendant Joda, Co. is a Colorado company with its principal place of business in Denver, Colorado. Defendant Joda Co. owns a war... More...
   $0 (06-01-2015 - OK)

Vernon L. Crownover v. Garland Keel



¶0 Appellant landowner neglected to pay taxes on certain real property in McIntosh County, Oklahoma. The property was sold at a tax sale and a tax deed was issued to the buyer. The landowner filed suit seeking to invalidate the tax deed and quiet title in himself, asserting that the sale and resultant deed were void because he was not given constitutionally sufficient notice of the sale... More...
   $0 (05-26-2015 - OK)

Maria Perez-Montes v. Live Oak Construction, Inc.

This appeal arises from the granting of both no-evidence and traditional motions for summary judgment in favor of appellee Live Oak Construction, Inc. (Live Oak) and against appellant Maria Perez-Montes, in a suit alleging claims for breach of contract and breach of warranty. Perez-Montes has brought a single issue on appeal, challenging the
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granting of Live Oak’s traditional motion fo... More...
   $0 (05-14-2015 - TX)

Betty Lou Adams v. Pfizer, Inc. f/k/a Wyeth, Inc. f/k/a American Home Products Corporation

Betty Lou Adams sued Pfizer, Inc. f/k/a Wyeth, Inc. f/k/a American Home Products Corporation; Wyeth Pharmaceuticals, inc.; Wyeth Pharmaceuticals, a Division of Wyeth, Inc.; Mona Motz, D.O.; and Standly Rogers, D.O. on product liability theories claiming:

1. This case involves the diet drugs fcnfluramine (Pondimin) and phentermine commonly known as fen phen and dexfenfluramine (Redux), whi... More...
   $1 (05-08-2015 - OK)

Alberto R. Garza and Leticia I. Garza, Individually and as Next Friends of Alexandra I. Garza and Kassandra R. Garza v. Melden & Hunt, Inc.

Appellants, Alberto R. Garza and Leticia I. Garza, individually and as next friends
of Alexandra I. Garza and Kassandra R. Garza (“the Garzas”), challenge the trial court’s
2
summary judgment in favor of appellee, Melden & Hunt, Inc. (“Melden”), a surveying and
engineering firm. We affirm.
I. BACKGROUND
The underlying dispute arose as a result of flooding at the G... More...
   $0 (05-07-2015 - TX)

Endura Products Corp and Novastar LP v. David A. Altemus

This is an appeal from a summary judgment order entered in favor of
Appellee, David A. Altemus. We affirm.
In 2003, Endura Products Corp and Novastar LP entered into an agreement
with World Wide Web Productions (WWWP). Under the terms of the agreement,
WWWP agreed to create a computer software system for each of Appellants’
businesses. Wesley Groves, WWWP’s Senior Program A... More...
   $0 (05-07-2015 - TX)

Joseph T. King v. Pierce Manufacturing, Inc.

Plaintiff-Appellant Joseph T.
King, as the administrator for the Estate of Gertrude King, appeals
from an order granting summary judgment to Defendant-Appellee
Pierce Manufacturing, Inc. ("Pierce") on claims that the allegedly
defective fire truck it manufactured was responsible for the
decedent's death.
Gertrude King ("Gertrude") was standing on the median of
a Cambrid... More...
   $0 (05-04-2015 - MA)

In the Estate of Rosa Elvia Guerrero, Deceased

Mike Hall Chevrolet, Inc. d/b/a Champion Chevrolet (Champion) brings this
interlocutory appeal from the trial court’s order denying its motion to compel
arbitration pursuant to the Federal Arbitration Act (FAA). See Tex. Civ. Prac. &
Rem. Code § 51.016 (providing that matters subject to the FAA may be appealed
under the same circumstances that an appeal from a federal court orde... More...
   $0 (04-23-2015 - TX)

United States of America v. Jerry D. Kerley and Jeffrey Whaley

Defendants-Appellants Jerry D. Kerley and Jeffrey Whaley were
convicted following a jury trial in the Eastern District of Tennessee of conspiracy to commit wire
fraud affecting a financial institution and bank fraud, wire fraud affecting a financial institution,
bank fraud, making a false statement to a financial institution, and money laundering, all arising
out of a mortgage frau... More...
   $0 (04-23-2015 - TN)

Ronald Fletcher v. Nancy Campbell

Stillwell, OK - Ronald Fletcher and Gwenlyn L. Fletcher, Trustees of the Roandl L. Fletcher and Gwenlyn L. Fletcher Revocable Trust dated June 23, 2008 sued Nancy Campbell, now Coon, Lucy Campbell and Jack Nofire, if livings, and their respective spouses, if any, if living, and in the alternative, their respective unknown successors, if deceased, etc. on a quiet title theories claiming:

C... More...
   $0 (04-14-2015 - OK)

KNJ Enterprises, Inc. v. Wilbanks & Wilbanks, P.C. and H. Erwin Wilbanks and Fidelity National Title Insurance Company

The trial court signed an order compelling arbitration of all claims between
appellant KNJ Enterprises, Inc. and appellees Wilbanks & Wilbanks, P.C., H.
Erwin Wilbanks, and Fidelity National Title Insurance Company (collectively
“Wilbanks”). Wilbanks initiated arbitration in conformity with the trial court’s
order. KNJ received notice of the arbitration initiated by Wilbanks ... More...
   $0 (04-14-2015 - TX)

W. L. "Lee" Barr, et ux v Bonita "Nita" I. Young

W. L. "Lee" Barr and Susan C. Barr appeal the trial court's judgment on an arbitration award favoring their former tenant, Bonita "Nita" Young. The Barrs, who sued for unlawful detainer, mainly contend the court erred in referring Ms. Young's damages counterclaims to mandatory arbitration. Because premise possession issues had been resolved, the trial court did not abuse its discretion in effectiv... More...   $0 (04-14-2015 - WA)

Larry Netahla v. Mike Netahla

This appeal arises out of a dispute over whether the mineral interest conveyed by a 1970 mineral deed terminated after 15 years, despite its recitation that it
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was "subject to" a continuing oil and gas lease covering the same property. We hold that the mineral deed terminated and thus reverse the district court and the Court of Appeals.
FACTUAL AND PROCEDURAL BACKGROUND
Plaintiff... More...
   $0 (04-10-2015 - KS)

Skye Astinana v. The Hain Celestial Group, Inc., et al.

A product labeled “all natural” or “pure natural” likely
evokes images of ground herbs and earth extracts rather than
chemicals such as “Polysorbate 20” or “Hydroxycitronellal.”
This class action alleges that false or misleading product
labels duped consumers seeking natural cosmetics into
purchasing products that were chock-full of artificial and
synthetic ... More...
   $0 (04-10-2015 - CA)

Ram's Gate Winery, LLC v. Joseph G. Roche

Appellant Ram’s Gate Winery, LLC (Ram’s Gate) bought a property in Sonoma County from respondents Joseph G. and Genevieve Roche (the Roches) upon which it intended to build a new winery. The sellers had agreed in the “Purchase and Sale Agreement” (Purchase Agreement) to disclose facts having a “material effect on the value of the ownership or use of the Property,” including geological ... More...   $0 (04-09-2015 - CA)

Hyundai Motor America v. Adam Rosen

“Nature, not judges, should be in charge of making mountains out of mole hills.” (Crum v. City of Stockton (1979) 96 Cal.App.3d 519, 524 (conc. & dis. opn. of Reynoso, J.).)
This writ petition came to this court on a request by petitioner Hyundai Motor America (Hyundai) to stay a scheduled judgment debtor examination of its president and chief executive officer over a dispute regarding an ... More...
   $0 (03-20-2015 - CA)

In the Matter of the Marriage of Jamileh Merrikh and David Hossien Merrikh

In this divorce case, we consider (1) whether the trial court abused its discretion by calculating appellant David Merrikh’s child support obligation based on his earning potential rather than his actual income after finding that he was intentionally underemployed, and (2) whether the evidence is legally and factually sufficient to support the trial courts findings of fact and conclusions of law... More...   $0 (03-17-2015 - \P)

Estate Land Company, Aaron Wiese, and Kamal Banani (Bannan) v. Anthony Wiese

In eleven issues, appellants, Estate Land Company, Aaron Wiese, and
Kamal Banani, complain the trial court lacked jurisdiction to sign a final judgment,
and that there is insufficient evidence to support the judgment. We affirm.
I. BACKGROUND
In 1999, Aaron Wiese (“Aaron”) and his brother, Anthony (“Tony”) Wiese,
purchased three properties in Houston, Texas: 812 Main St... More...
   $0 (03-10-2015 - TX)

C & M Exploration, LLC v. C. Mark Crawford, BDI, LLC, Calvin R. Hullum, aka Calvin Hullum, Bengalia Land & Cattle Company and Ring Energy, Inc.

Tulsa, OK C & M Exploration, LLC sued C. Mark Crawford, BDI, LLC, Calvin R. Hullum, aka Calvin Hullum, Bengalia Land & Cattle Company and Ring Energy, Inc. seeking specific performance of a contract claiming:

1. CM is an Oklahoma Limited Liability Company doing business in Tulsa County, State
of Oklahoma.
2. Crawford is an individual doing business in Tulsa County, State of Oklaho... More...
   $0 (03-05-2015 - ok)

Danny Griswold and Rhonda Griswold v. EOG Resources, Inc.

Austin, Texas oil and gas lawyer represented Plaintiffs.

This is a summary judgment appeal. Appellants Danny and Rhonda Griswold leased their mineral interest in 31.25 acres of land in Montague County to Appellee EOG Resources, Inc. Subsequently, the Griswolds sued EOG asserting claims for breach of contract and conversion. The Griswolds claimed that EOG had produced and sold minerals pur... More...
   $0 (03-05-2015 - TX)

Dallas National Insurance Company v. Calitex Corp., Elshir Enterprises, L.P. and Thomas, L.P.

This is an insurance coverage case. Appellees Calitex Corporation; Elshir Enterprises, L.P.; and Thomas, L.P. (collectively, “Calitex”) filed this lawsuit against appellant Dallas National Insurance Company (“DNIC”) seeking, in part, a declaration that DNIC owes a duty to indemnify Calitex respecting a judgment Calitex obtained (the “underlying judgment”) in a separate underlying lawsu... More...   $0 (03-03-2015 - TX)

Big Wood Ranch, LLC v. Water Users' Association of the Broadford Slough and Rockwell Bypass Lateral Ditches, Inc.

This action stems from attempts by the Water Users’ Association of the Broadford Slough and Rockwell Bypass Lateral Ditches, Inc. (Association) to collect assessments from Big Wood Ranch, LLC (BWR) for maintenance performed by the Association on the Broadford Slough (Slough) and Rockwell Bypass (Bypass), which are conduits for the delivery of surface water to property owned by BWR and some of it... More...   $0 (03-02-2015 - ID)

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