Warranty Law
 
Rajine Hess and Kelly Parsons v. Volkswagen of America, Inc.

¶1 To dispose of the appeal, we must determine a single issue:1 whether granting attorney fees exceeding $7 million in a multi-jurisdictional, class action law suit constitutes an abuse of discretion where $45,780 was awarded to the class as a whole. Here, the trial court originally determined the appropriate attorney fees to be $3,610,719.15 based on State ex rel. Burk v. City of Oklahoma City, ... More...   $0 (12-16-2014 - OK)

Chuck O'Dell v. Murphy Resources, Inc., Larence Smith and Lori Smith

Chuck O'Dell v. Murphy Resources, Inc., Larence Smith and Lori Smith

Issue # 1.
Issue: PROFESSIONAL NEGLIGENCE (PROFNEG)
Filed by: ODELL, CHUCK
Filed Date: 12/24/2008
Party Name: Disposition Information:

Defendant: MURPHY RESOURCES INC
Disposed: DISMISSED - WITH PREJUDICE, 09/30/2013. Dismissed- Settled.

Defendant: SMITH, LAWRENCE
Dispos... More...
   $1 (12-15-2014 - OK)

Hamid Rashidi v. Franklin Moser

In professional negligence actions against health care providers, recovery of noneconomic damages is capped at $250,000. (Civ. Code, § 3333.2, enacted as part of the Medical Injury Compensation Reform Act of 1975 (MICRA).)1 In any action, liability for noneconomic damages is several only, so that defendants pay in proportion to their share of fault. (§ 1431.2, part of the Fair Responsibility Act... More...   $0 (12-15-2014 - CA)

Ronald Fagg v. Csk Auto, Inc.

Over the course of several decades, Ronald Fagg was
exposed to various asbestos-containing products at work sites, during personal
automotive repairs, during time vacationing and living in the Libby, Montana area. He
was later diagnosed with asbestosis and asbestos related pleural disease. In this action,
he seeks damages from a number of seller and manufacturer defendants, who he<... More...
   $0 (12-08-2014 - WA)

Maurice Fowler v. Janssen Ortho, LLC

COMES NOW the Plaintiff by and through the undersigned attorneys of record, and for his multiple causes of action against the defendants, Janssen Ortho LLC, Ortho-McNeil-Janssen Pharmaceuticals, Inc., Johnson & Johnson Pharmaceutical Research & Development, L.L.C., and Johnson & Johnson (hereinafter “Janssen Defendants”), and Jennifer Perkins, APN, Thomas Atkinson, M.D., P.C., and Atkinson Fam... More...   $1 (12-05-2014 - OK)

Laura S. Wassmer and Stephen B. Hopper v. Jo N. Hopper

Stephen Hopper, Laura Wassmer and their stepmother Jo Hopper bring cross appeals from a summary judgment in a probate proceeding. The decedent, Max Hopper, married Jo Hopper in 1981. During the marriage, they purchased a home on Robledo Drive which they occupied until Max’s death on January 25, 2010. Max died intestate. The couple had no children. Max’s two children by a prior marriage, Stephe... More...   $0 (12-03-2014 - TX)

TFO Realty, L.L.C. v. Philip S. Smith

This is a suit to recover a broker’s commission following the sale of a property to the City of Dallas. TFO Realty, LLC appeals from adverse summary judgment rulings. In a single issue, TFO Realty argues the trial court erred by denying its motion for summary judgment and by granting the summary judgment motion filed by Philip S. Smith. We affirm the trial court’s judgment.
The facts of th... More...
   $0 (12-03-2014 - TX)

Shirley Brinkley v. Pliva, Inc.

In this diversity case, see 28 U.S.C. § 1332(a)(1), Shirley Brinkley, a citizen of
Blue Springs, Missouri, appeals the district court’s1 prejudicial dismissal of her claims
against Pliva, Inc. (Pliva), the New Jersey corporation that manufactured the
prescription medication metoclopramide which Brinkley alleges injured her.2 We
affirm.3
I. BACKGROUND
In February 2002, Br... More...
   $0 (12-03-2014 - MO)

Emily Hunsaker v. American Healthcare Capital

¶ 1 This appeal considers whether an out-of-state company subjected itself to personal jurisdiction in Utah by advertising that it was available to serve Utah clients, contracting with a Utah resident to determine the value of her Utah company, researching the value of that company using Utah-specific data, receiving payment from a Utah client, and directing the finished appraisal to a Utah recip... More...   $0 (11-20-2014 - TU)

Insurance Alliance v. Lake Texoma Highport, LLC and Bowood Partners, Limited

After its marina on Lake Texoma was damaged in a flood, Lake Texoma Highport, LLC sued its insurance broker, Insurance Alliance, and a London broker, Bowood Partners, Limited, because the policy in place at the time of the flood was not the policy Highport had requested. A jury returned a verdict in Highport’s favor. The trial court’s judgment ordered that Highport recover damages and attorney... More...   $0 (11-19-2014 - TX)

J. Felix Gonzalez-Limon v. Ruth Gonzalez

The sole issue raised in this appeal is whether the trial court erred in finding that J. Felix Gonzalez-Limon gave his interest in the real property located at 1226 Patton Boulevard (the “Property”) to Ruth Gonzalez. We affirm the trial court’s judgment.
BACKGROUND
Gonzalez-Limon and Gonzalez were married in 2004 and purchased the Property in March of 2009. In June of 2009, Gonzalez-... More...
   $0 (11-19-2014 - TX)

Helen Lin v. Mireya B. Coronado

Plaintiff Helen Lin (Lin) appeals from a judgment entered on an order sustaining a demurrer without leave to amend in favor of defendant Mireya B. Coronado (Coronado). In her operative first amended complaint, Lin alleges she “pooled” her $150,000 with $100,000 provided by River Forest Financial LLC (River Forest) and Elevation Investments LLC (Elevation) “in partnership for the purchase” ... More...   $0 (11-17-2014 - CA)

Juan Manuel Rivas v. Sylvia V. Rivas

This is an appeal from a final decree of divorce in which Husband challenges the divestiture of his separate property. The litigants have been before the Court before. In Rivas v. Rivas, 320 S.W.3d 391 (Tex.App.--El Paso 2010, no pet.), we reversed a default judgment of divorce on procedural grounds. The case was remanded and following a bench trial, the decree at issue was entered. Because the tr... More...   $0 (11-15-2014 - )

Dr.Ross G. Stone v. Nancy Stone and Alma Stone

Ross Stone appeals a final summary judgment in favor of Nancy Stone in a dispute involving the distribution of homestead property as part of the estate of their father Jerome Stone. The trial court held the transfer of the property to Nancy following Jerome’s death was not an impermissible devise of homestead property. We find the trial court erred in part, but nevertheless affirm the result.More...   $0 (11-12-2014 - FL)

Waterford Harbor Master Association v. Michael Landolt and Ann Wismer

Appellant, Waterford Harbor Master Association (“Waterford”), appeals a final judgment rendered in a suit for declaratory relief and monetary damages filed by appellees, Michael Landolt and wife, Ann Wismer, (“the Landolts”), and on Waterford’s counterclaim for declaratory relief. We affirm in part, and reverse and render in part.
2
I. BACKGROUND
Waterford Harbor is a subdivi... More...
   $0 (11-06-2014 - TX)

Doug Crownover and Karen Crownover v. Mid-Continent Casualty Company

Doug and Karen Crownover contracted with Arrow Development, Inc. (“Arrow”) to construct a house for them. Arrow performed defective work and then failed promptly to correct the work. The Crownovers spent a significant amount of money paying to correct the work themselves. An arbitrator found Arrow liable to the Crownovers for breaching its express warranty to repair non-conforming work and awa... More...   $0 (10-29-2014 - TX)

Classic Superoof, LLC v. Donna K. Bean

This is an appeal from a bench trial in which the trial court found in favor of appellee
Donna K. Bean on her contract and DTPA claims against appellant Classic Superoof LLC.
Classic raises seven issues on appeal: (1) the evidence is legally and factually insufficient to
support the trial court’s findings of fact and conclusions of law to support liability under Bean’s
contract... More...
   $0 (10-14-2014 - TX)

Luke Aaron Frazier and Connie C. Frazier v. Richard Goszczynski

Luke Frazier and his mother, Connie Frazier, took real property owned by Richard
Goszczynski without his consent. The scheme the Fraziers contrived to acquire the
property is based on a twisted and distorted view of the law of adverse possession under
color of title. After the Fraziers took possession of the property, the trial court ousted
them by entering a judgment quieting titl... More...
   $0 (10-10-2014 - FL)

Cass Filhiol v. Cars Protection Plus, Inc., Natame Partners, L.P. d/b/a Oklahoma Cars Protection Plus, City Auto Sales, LLC

Plaintiff, Cass Filhiol, for his claims against Defendants, C.A.R.S. Protection Plus, Inc., C.A.R.S. Protection Plus, Inc. d/b/a Oklahoma C.A.R.S. Protection Plus, and City Auto Sales, LLC, alleges and states as follows:
PARTIES, JURISDICTION. AND VENUE
1. Plaintiff is a resident of Tulsa County, Oklahoma.
2. C.A.R.S. Protection Plus, Inc. (“CARS”) is a corporation with its princip... More...
   $1 (10-07-2014 - OK)

Jimmy H. Campbell and Janice K. Campbell v. Concept Builders, Inc.

Tulsa, OK - Jimmy H. Campbell and Janice K. Campbell sued Concept Builders, Inc. on breach of contract theories.

On or about March 17, 2007, Plaintiffs and Concept executed a Contract oT.a1e of Real Estate (“Contract”) for the purchase of a residence located at 1410 N. Old Noah Piace, Sand Springs, OK (“Property”). See Ex. “A”, Contract.
2. Tinder the Contract, Concept was... More...
   $0 (10-03-2014 - OK)

April Scarlott v. Nissan North America, Inc.

Plaintiff-Appellant April Scarlott and Appellants Weisberg & Meyers, L.L.C. and Noah Radbil appeal the district court’s denial of Scarlott’s motion to remand, grant of summary judgment in favor of Defendants-Appellees Nissan North American, Incorporated (“Nissan”) and Hurricane Auto Care & Accessories, Incorporated (“Hurricane”),1 as well as the district court’s final
judgment an... More...
   $0 (09-30-2014 - TX)

Dennis A. Thomas and Debra A. Thomas v. The Unknown Heirs, Successors, and assigns of Charlyne P. Windham, Deceased

Yukon, Canadian County, Oklahoma - Dennis A. Thomas and Debra A. Thomas sued The Unknown Heirs, Successors, and assigns of Charlyne P. Windham, Deceased on a quite title theory alleging:

COME NOW, the Plaintiffs, pursuant to the Nonjudicial Marketable Titles Procedures Act, 12 OS. § 1141, and for cause of action against the Defendants alleges and states:
1. That Plaintiffs are the ow... More...
   $0 (09-26-2014 - OK)

Kings River Trail Association, Inc. v. Pinehurst Trail Holdings, L.L.C.

property on which golf courses and undeveloped acreage were located, on one side, and owners of nearby homes and two homeowners’ associations on the other side. In the appeal by the homeowners’ associations, we address whether the trial court erred in granting summary judgment as to the associations’ claims that they adversely possessed certain biking and hiking trails. We also determine whe... More...   $0 (09-25-2014 - TX)

Clarence Stumhoffer, Heir of the Estate of Robert Brian Stumhoffer, Deceased v. Daniel Perales and Erin Perales

Appellees, Daniel and Erin Perales (collectively, “Perales”), sued the appellant, the independent administrator and heir of the Estate of Robert Brian Stumhoffer (“the Estate”), seeking to recover attorney’s fees and costs incurred in
2
defending an adverse claim to title on real property sold to Perales by Robert Stumhoffer, decedent. In a single issue, the Estate challenges the... More...
   $0 (09-25-2014 - TX)

Bank of America, N.A. v. Unknown Successors of Sarah Jane Lewis

¶1 Bank of America, N.A. (Bank), appeals the judgment of the district court that Bank's mortgage did not include a strip of land claimed by Padgett Development Company, LLC (PDC). Bank also appeals the court's fee award to PDC as a prevailing party in Bank's foreclosure action. We affirm the decisions of the district court.

BACKGROUND

¶2 The relevant facts begin in July 1976, w... More...
   $0 (09-23-2014 - OK)

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