Warranty Law
 
Nancy Geshke v. Crocs, Inc.

CROCS are odd looking shoes, known for their comfort. The plaintiff alleges that this reputation for comfort masks a hidden peril: the shoes present a heightened risk to the safety of wearers using escalators, and the manufacturer has failed to warn of this risk. The district court found these allegations unsupported and entered summary judgment accordingly. The plaintiff appeals. After careful c... More...   $0 (01-17-2014 - MA)

Timothy Sortet and Tamara Sortet v. C&D Homes, LLC d/b/a Golden Key Homes and Mid-Continent Concrete Company v. Hardy White d/b/a White Installation

Issue # 1. Issue: BREACH OF AGREEMENT - CONTRACT (CONTRACT) Filed by: SORTET, TIMOTHY Filed Date: 04/05/2011 Party Name: Disposition Information: Defendant: C&D HOMES LLC Disposed: DISMISSED - WITH PREJUDICE, 01/15/2014. Dismissed- Settled. Defendant: Mid-Continent Concrete Company Disposed: DISMISSED - WITH PREJUDICE, 01/15/2014. Dismissed- Settled.

Issue # 2. Issue: BREACH... More...
   $0 (01-15-2014 - OK)

Alan G. Moats v. Professional Assistance, LLC d/b/a Summit Title Services

[¶1] Appellants Alan and Chleo Moats (Moats) sold 850 acres of farm ground, intending to retain the mineral rights for themselves. The deeds prepared by Appellee Professional Assistance, L.L.C., d/b/a Summit Title Services did not reserve the minerals, even after the Moats were made aware of the omission at closing, insisted that it be rectified, and were assured by a Summit employee that the dee... More...   $0 (01-14-2014 - WY)

Enjoli Wynn v. Silver Oaks Apartments, Ltd.

Silver Oaks Apartments, Ltd. sued a former tenant, Enjoli Wynn, for unpaid rent and attorney’s fees. The trial court held a bench trial, and rendered judgment against Wynn for $3,185.00 in unpaid rent and $750.00 in attorney’s fees. No findings of fact were requested. On appeal, Wynn argues the trial court erred in calculating the amount of unpaid rent. Wynn further argues the trial court erre... More...   $0 (01-08-2014 - TX)

Roy, Hirschbuhl, Barr, et al. v. Woodstock Community Trust, Inc.

¶ 1. DOOLEY, J. This case arises out of a proposed housing development in West Woodstock, Vermont. It is not the first case to come before us related to this development. In Roy v. Woodstock Community Trust and Housing Vermont PRD, 2012 VT 87, ___ Vt. ___, 60 A.3d 686, we affirmed the permits for the project granted by the town development review board and the district environme... More...   $0 (01-07-2014 - VT)

Amanda L. Bellemere v. Cable-Dahmer Chevrolet, Inc.

Respondent Amanda Bellemere ("Bellemere") brought suit against Appellants Cable-Dahmer Chevrolet, Inc. ("Cable-Dahmer"), William Wilkerson ("Wilkerson"), Clayton Ward ("Ward"), and Eric Fisenic ("Fisenic") related to the purchase of a vehicle (collectively, "Appellants"). Appellants sought to compel arbitration based on an arbitration clause in the sales contract, but the Circuit Court of Jackson ... More...   $0 (12-31-2013 - MO)

Shelter Mutual Insurance Company v. Jay MacVittie

Shelter Insurance Mutual Insurance Company (“Shelter”) appeals from the trial court‟s grant of judgment on the pleadings in favor of Jay and Debra MacVittie and against Shelter in the amount of $100,000.00. At issue is the interpretation of an automobile insurance policy‟s limit of liability provisions. Shelter‟s position is that Jay and Debra MacVittie‟s claims are subject to the same... More...   $0 (12-24-2013 - MO)

Jade P. Schiewe and Zachary Pfaff v. Cessna Aircraft Company, Spartan Aviation Industries, Inc., Kelly Aerospace Turbine Rotables, Inc. and Eaton Corporation

Jade P. Schiewe and Zachary Pfaff sued Cessna Aircraft Company, Spartan Aviation Industries, Inc., Kelly Aerospace Turbine Rotables, Inc. and Eaton Corporation claiming:

Issue # 1.
Issue: PRODUCT LIABILITY (OTHER)
Filed by: SCHIEWE, JADE P
Filed Date: 08/29/2011
Party Name: Disposition Information:

Defendant: CESSNA AIRCRAFT COMPANY
Disposed: TRANSFERRE... More...
   $0 (12-21-2013 - OK)

William A. Horton v. Town of Casco

[¶1] William A. Horton appeals from a judgment of the Superior Court (Cumberland County, Cole, J.) affirming the Town of Casco Zoning Board of Appeals (ZBA), which upheld the Town of Casco Planning Board’s approval of AT&T Mobility’s application to build a wireless communications tower. On appeal, Horton argues that a lease agreement between AT&T and Shellie and Robert Symonds creates a new l... More...   $0 (12-19-2013 - ME)

David Vuong and Tommy T. Nguyen v. Taiwai Luk

The trial court found appellant Tommy Nguyen liable for violating the Deceptive Trade Practices Act (“DTPA”) in the course of selling a restaurant to appellee Taiwai Luk. The trial court further found appellant David Vuong, who drafted the bill of sale for Nguyen and Luk, liable for legal malpractice. The trial court entered judgment against Nguyen and Vuong, jointly and severally, for $62,600... More...   $0 (12-19-2013 - TX)

Larry D. Schaefer v. Dale L. Putnam

In this appeal, we are asked to interpret Iowa Code section 654A.6(1) (2009) when a farm creditor, after being sued regarding the validity of its mortgages, brought a counterclaim to foreclose the mortgages without first obtaining a mediation release. Larry and Elaine Schaefer filed suit against their sons, their former attorney, Dale Putnam, a limited liability company, SMP, L.L.C. (SMP), and oth... More...   $0 (12-13-2013 - IA)

City of Smithville v. Thomas Watts

Appellee Thomas Watts was injured when his vehicle collided with a fire tanker truck owned by appellant City of Smithville but being driven by the Smithville Volunteer Fire Department. Watts brought suit against Smithville under the Texas Tort Claims Act (TCA). See Tex. Civ. Prac. & Rem. Code §§ 101.001–.109. Smithville filed a plea to the jurisdiction based on governmental immunity, and the t... More...   $0 (12-13-2013 - TX)

American National Property & Casualty Company

¶1 This case involves a dispute over whether a homeowner’s insurance policy excludes coverage for an all-terrain vehicle (ATV) accident that occurred in a residential subdivision. American National Property and Casualty Company (American National) appeals the district court’s award of summary judgment in favor

American National v. Olsen

20110221-CA 2 2013 UT App 295

of th... More...
   $0 (12-12-2013 - UT)

Milton Howard Gaines v. Fidelity National Title Insurance Company

In November 2006, Fannie Marie Gaines filed a complaint alleging causes of action for fraud and related claims arising out of the sale of her home.1 By May 2012, the action had not been brought to trial. In August 2012, the trial court dismissed the suit for failure to bring the action to trial within five years, within the meaning of Code of Civil Procedure section 583.310, et seq. On appeal, pla... More...   $0 (12-12-2013 - CA)

Donna Burgdorf v. Brian K. Weston

2 This civil case arises out of an ownership dispute concerning a piece of real
3 property, which plaintiff and defendant each assert that they own, and exchanges of
4 money between the parties. Plaintiff appeals from a limited judgment entered by the trial
5 court after the court granted defendant's motion for summary judgment on plaintiff's
6 claims for declaratory relief, fraud,... More...
   $0 (12-11-2013 - OR)

Christine Seney v. Rent-A-Center, Inc.

Christine and Antwan Seney appeal the district court’s order compelling arbitration of their breach of warranty claim under the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq. (2006). For the reasons that follow, we affirm.

I.

In March 2012, the Seneys entered into a “Rental-Purchase Agreement” with Rent-A-Center, Inc. (“RAC”) for a wooden trundle bed and mattress. In... More...
   $0 (12-11-2013 - MD)

Brian Conley v. Warren Properties, Inc.

Brian Conley, Monica Dixon, Eric Moore and Daniel Ostergaard sued Warren Properties, Inc., Natch Construction & Services, LLC, Banda Cover-Up Roofing, Bennatche Mason aka Lance Mason, et al. on negligence theories claiming:

1. Plaintiffs are each residents of Oklahoma City, Oklahoma County, Oklahma.

2. Defendant Warren Properties, Inc., (‘Warren”) is a Delaware Corporation th... More...
   $1 (12-10-2013 - OK)

Joshua L. Faw v. Tara Millan

Joshua L. Faw appeals the superior court' s summary judgment dismissal of
his tort claims against Tara Millam and her husband, Jeffrey L. Millam. Faw' s claims arise from
a collision with a Toyota Paseo driven by Kyle S. Parked, given to him by Tara Millam. Faw
argues that ( 1) there were genuine issues of material fact about whether the Millams owned the
vehicle or had negligently... More...
   $0 (12-10-2013 - WA)

Michael And Roxanne Rohleder v. Matt Wilson Custom Homes, LLC

Michael And Roxanne Rohleder sued Matt Wilson Custom Homes, LLC and Matt Wilson who sued Isch & Associes, Inc., Crazy Horse Construction, LLC, Berry Masonry Services, LLC, Custin Symes, 4G Construction, and Warren Keith Bingham, as special administrator of the Estate of Kelly Bingham on breach of contract theories claiming:

1. Plaintiffs are residents of Oklahoma County, State of Oklahoma... More...
   $0 (12-04-2013 - OK)

Jo P. Gwinn v. Petraco, Inc.

Jo P. Gwinn sued Petraco, Inc., Marten Bros. House Movers, Inc., Next Generation Technologies Group, Inc., David Stough and Boehm Plumbing, Inc. on negligence theories claiming:


1. Petitioners entered into a contract with Petraco for the construction of a single family residence. A copy of the contract is attached and labeled Exhibit A.

2. Petitioners had notified Petraco of cert... More...
   $0 (12-04-2013 - OK)

We Buy Houses, LLC v. Ernest Grabstein

We Buy Houses, LLC sued Ernest Grabstein on a specific performance theory, claiming:


1. That the plaintiff is a Limited Liability Company organized and existing under the laws of the State of Oklahoma, and that it is in the business of buying and selling real estate;

2. That the facts giving rise to plaintiffs cause of action herein took place in Cleveland County, State of O... More...
   $0 (12-04-2013 - OK)

Davis R. Conway v. Citimortgaqe, Inc.

Davis Conway and Sheri Conway (“the Conways”) appeal from the judgment of the trial court that granted the joint motion of CitiMortgage, Inc. and the Federal National Mortgage Association (“Fannie Mae”) to dismiss the Conways’ First Amended Petition. Finding no error, we affirm.

In 2007 the Conways purchased real property located at 4156 Hueffmeier Road (“Hueffmeier Property... More...
   $0 (12-03-2013 - MO)

Kevin Blue and Lisa Blue v. Hawkeye Custom Concrete, Inc.

Kevin Blue and Lisa Blue sued Hawkeye Custom Concrete, Inc. on breach of contract, breach of warranty, and negligence theories claiming:

1. Plaintiffs, Kevin Blue and Lisa Blue, husband and wife, are individuals residing in Tulsa County, Oklahoma, and are owners of certain real property and improvements, which are the subject of this action.

2. Defendant, Hawkeye Custom Concrete,... More...
   $1 (12-02-2013 - OK)

Gloria Strayhorn v. Wyeth Pharmaceuticals, Inc.

These seven consolidated cases are among the many that have been filed nationwide against the manufacturers of both the prescription drug Reglan and its generic equivalent, metoclopramide. The plaintiffs allege that they ingested generic metoclopramide and, as a result, developed a serious neurological disorder known as tardive dyskinesia. They filed suit against both the generic and brand-name ma... More...   $0 (12-02-2013 - )

The County of Dakota v. George W. Cameron, IV

The legal questions presented by this case relate to the operation of Minnesota’s minimum-compensation statute, Minn. Stat. § 117.187 (2012), which provides a mechanism for compensating property owners who “must relocate” following the condemnation of their real property. Appellant George W. Cameron, IV, who had his

3

commercial property taken by respondent County of Dakota (... More...
   $0 (11-27-2013 - MN)

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