Warranty Law
 
Jennifer Capron v. Bill Pittman dba Precision Contracting and Roofing

Jennifer Capron sued Bill Pittman dba Precision Contracting and Roofing, Casey Pittman dba Precision Contracting and Roofing, John Phillip Strawn aka Fran Tanner, Victor Guzman, Victor Sanchez and Allison Pittman d/b/a Precision Contracting and Roofing on breach of contract theories. 1. Plaintiff is an individual residing in Tulsa County, and is the owner of the property on which the roofing cont... More...   $0 (10-14-2013 - OK)

Building Products Plus Co. L. C. v. Tamko Building Products, Inc.

Appellant Building Products Plus, Co., L.C. (BPP) appeals from the trial court’s take-nothing judgment in this breach of warranty suit against appellee TAMKO Building Products, Inc. In three issues BPP contends that the trial court

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erred in granting TAMKO’s motion for judgment n.o.v. BPP also raises three issues addressing TAMKO’s alternative reasons for affirming the tri... More...
   $0 (10-10-2013 - TX)

Larry A. Merchant v. PHH Mortgage Corporation, et al

Larry A. Merchant appeals from the trial court‟s summary judgment in favor of PHH Mortgage Corporation and Federal National Mortgage Association (FNMA) in Merchant‟s suit for wrongful foreclosure, breach of fiduciary duty, common law fraud, fraud in a real estate transaction, and to quiet title to real property. In three issues, Merchant contends there are fact issues concerning the foreclosur... More...   $0 (10-09-2013 - TX)

Emily Diaz v. First American Homes Buyers Protection Corporation

Emily Diaz, the owner of a home warranty plan from First American Home Buyers Protection Corporation, filed a class action complaint alleging that First American refused to make timely repairs, used substandard contractors and wrongfully denied claims. She asserted state law claims for unfair competition, misrepresentation, concealment, breach of contract and breach of the implied covenant of good... More...   $0 (10-04-2013 - CA)

Donald E. Steuerer v. N.E.M. Richards a.k.a. Nicky Richards

This is an appeal from a judgment holding that two deeds executed by Donald Steuerer in favor of N.E.M. Richards were not intended as absolute conveyances, but instead were intended as mortgages to secure loans made by Richards to Steuerer.

I.

FACTUAL AND PROCEDURAL BACKGROUND

Steuerer purchased two lots in the City of Shoshone (the Property) in December of 1987 for $3,000. In... More...
   $0 (10-02-2013 - ID)

Charles Albert Warner v. Albert Heber Warner, Jr.

¶1 This appeal arises from litigation that has been ongoing for more than fifteen years over a family trust. The Defendants Albert

1. Judge Roger S. Dutson granted the Defendants’ summary judgment motion and denied the Plaintiffs’ first two motions to amend. Judge W. Brent West denied the Plaintiffs’ third motion to amend, granted the relief requested by the Plaintiffs, and entered t... More...
   $0 (09-19-2013 - UT)

Home First, Inc. v. Mid Continent Casualty Company

Home First, Inc. sued Mid Continent Casualty Company on a breach of contract theory claiming:

1. Plaintiff is an Oklahoma corporation with its principal place of business in Cleveland County, Norman, Oklahoma.

2. Defendant Mid-Continent is an Oklahoma company in the business of underwriting, selling and administering commercial general liability insurance (“CGL”) policies to ... More...
   $0 (09-16-2013 - OK)

Mid-Continent Insurance Company v. Red River Roofing & Construction, Inc.

Mid-Continent Insurance Company v. Red River Roofing & Construction, Inc., Structall Building Systems, Inc. and ABC Supply, Inc. on professional negligence theories claiming:

I.

That the Plaintiff, Mid-Century Insurance Company, is an insurance carrier with its principal place of business in California.

II.

That the Defendant, Red River Roofing & Construction, Inc., is ... More...
   $0 (09-14-2013 - OK)

Michael Aleo v. SLB Toys USA, Inc.

In 2006, while visiting relatives in Andover, twenty-nine year old Robin Aleo [FN4] attempted to use an inflatable swimming pool slide that had been imported and sold by Toys "R" Us, Inc., and Toysrus.com, LLC (collectively, Toys R Us). [FN5] She slid down head first; when she reached the bottom of the slide, it collapsed, and her head struck the concrete deck of the swimming pool through the fab... More...   $20600000 (09-14-2013 - MA)

Jeffrey Barnes v. Melissa Cooney

[¶1] The appellants purchased a home in Lincoln County, Wyoming. Dissatisfied with some aspects of the construction and purchase of the home, the appellants sued a development company, the building contractor, the real estate agency involved in the transaction, a real estate agent, and, eventually, the real estate broker. The appellants alleged breach of contract, breach of express warranty, brea... More...   $0 (09-13-2013 - WY)

Danford Maintenance Service, Inc. v. The Dow Chemical Company, a Delaware Corporation

In eight issues, Danford Maintenance Service, Inc. contends the trial court erred by granting summary judgment against Danford on its quantum-meruit and breach-of-contract claims against The DOW Chemical Company, a Delaware Corporation. We affirm.

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I. BACKGROUND

DOW is a chemical company which maintains a facility in Freeport, Texas, called “Texas Operations – TXO” (“... More...
   $0 (09-12-2013 - TX)

Alvin Walker v. R.J. Reynolds Tobacco Company

This appeal by R.J. Reynolds Tobacco Company of money judgments in favor of the survivors of two smokers requires us to decide whether a decision of the Supreme Court of Florida in an earlier class action is entitled to full faith and credit in federal court. Florida smokers and their survivors filed in state court a class action against the major tobacco companies that manufacture cigarettes in t... More...   $0 (09-12-2013 - FL)

Gary Jones and Carolyn Jones v. Pesak Brothers Construction, Inc.

When their newly-constructed house showed signs of foundation distress, Gary and Carolyn Jones sued their builder, Pesak Brothers Construction Company (Pesak Brothers), for breach of a construction contract, express and implied warranties, negligent construction of the home, and for violations of the Texas

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Deceptive Trade Practices Act. After a jury trial on the Joneses’ claims, ... More...
   $0 (09-10-2013 - TX)

Erica Michelle King v. Woo Young Medical Co., Ltd.

Erica Michelle King sued Woo Young Medical Co., Ltd., McKinley Medical Group, McKinley Medical, LLC and Orthopedic Resources, Inc. on product liability, negligence, breach of implied warranty or merchantability, breach of implied warranty of fitness for a particular purpose and breach of express warranty theories.

The claims made and defenses asserted by the parties are not available.
<... More...
   $0 (09-10-2013 - OK)

Barbara A. Izzarelli v. R.J. Reynolds Tobacco Company

25 Barbara Izzarelli brings claims against defendant R.J.
26 Reynolds Tobacco Company (“R.J. Reynolds”) under the
27 Connecticut Products Liability Act (“CPLA”), Conn. Gen.
28 Stat. Ann. § 52-572m et seq., for strict liability and
29 negligence, arguing that the cigarettes she smoked for 25
30 years caused cancer in her larynx.1 A jury in the United
1 Izzarelli als... More...
   $0 (09-10-2013 - NY)

Thomas Kellogg v. Cindy Shushereba

¶ 1. DOOLEY, J. This case presents the difficult task of equitably resolving the fallout from a collapsed, unwritten real estate transaction. Both parties challenge the monetary award arrived at by the trial court, sitting in equity. We conclude that, although correct in some respects, the trial court’s decision mistakenly treated the parties’ agreement as though it were an ag... More...   $0 (09-06-2013 - VT)

Sharon Bradham v. Suncraft Homes, Inc.

Sharon Bradham and Sam Bradham sued Suncraft Homes, Inc., Sharp Construction & Concrete, Inc. and White Surveying, Inc. on breach of warranty and breach of contract theories.

1. The Plaintiffs contracted with the Defendant / Third Party Plaintiff Suncrafi Homes, Inc. (“Suncraft”) to build a home located at 1503 West Charleston Piake, Broken Arrow (“the subject property”). Exhibit... More...
   $1 (09-06-2013 - OK)

Kimberly Martin-Bragg v. Ivan Rene Moore

Ivan Rene Moore appeals in pro. per. from the superior court’s judgment following trial on the unlawful detainer complaint of Kimberly Martin-Bragg seeking forfeiture of a lease and possession of a property. The judgment, entered January 23, 2012, awarded Martin-Bragg possession of the disputed property, along with rent of $50,068.34 and rental damages of $57,220.96 for the period from May 1, 20... More...   $0 (09-01-2013 - CA)

Maria Antonia Pulido v. Evangelina Esther Gutierrez Gonzalez

Maria Antonia Pulido appeals the trial court’s grant of summary judgment in favor of appellee Evangelina Esther Gutierrez Gonzalez in Pulido’s suit to set aside the warranty deed conveying her homestead to her caretaker, Gonzalez. We

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reverse the trial court’s grant of summary judgment with respect to Pulido’s forgery allegation, cancellation of the notice of lis pendens, de... More...
   $0 (08-29-2013 - TX)

Steven Kelley Richardson v. SV Almeda I Limited Partnership

Appellants Steven Kelly Richardson, Michelle Richardson, and Richard Day sued appellee SV Almeda I Limited Partnership, asserting various causes of action related to their alleged constructive eviction from an apartment. Almeda

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counterclaimed for accelerated rent, repayment of rental concessions, and attorney’s fees. The trial court granted summary judgment in Almeda’s favor, r... More...
   $0 (08-29-2013 - TX)

Christus Health Gulf Coast v. Linda G. Carswell

Linda G. Carswell sued CHRISTUS Health Gulf Coast (as an entity, d/b/a CHRISTUS St. Catherine Hospital and formerly d/b/a CHRISTUS St. Joseph

2

Hospital) (“Christus”) for negligence after her husband, Jerry Carswell, died at CHRISTUS St. Catherine Hospital (“St. Catherine”) in January 2004. Carswell also asserted claims for post-mortem fraud, breach of fiduciary duty, and neg... More...
   $0 (08-29-2013 - TX)

Helen Hatchett v. W2X, Inc.

¶ 1 This appeal arises from the November 1, 2010 order entered by the circuit court of Cook County, which granted a directed finding against the plaintiff, Helen Hatchett (Helen), and in favor of the defendants, Avalon Betts-Gaston (Attorney Gaston)1 and The Bank of New York Mellon Trust Company (BONY), and which entered a default judgment against Warren Jackson (Jackson)2 and in favor of Helen i... More...   $0 (08-28-2013 - IL)

Siegel Development, LLC v. Peak Construction, LLC

¶ 1 The instant consolidated appeals concern a two-story four-unit building purchased by plaintiffs, Siegel Development, LLC, Gary Siegel, and Ross Siegel, for the purpose of converting the building into condominium units. Plaintiffs allege that they purchased the property in reliance on a promise from several of the defendants that defendant Peak Construction LLC would perform the renovations ne... More...   $0 (08-28-2013 - IL)

Susan Schrock v. Wyeth, Inc.

Susan and Steven Schrock filed suit against brand-name and generic manufacturers of the drug metoclopramide, alleging that Susan Schrock’s use of generic metoclopramide caused her to develop tardive dyskinesia, a neurological disorder characterized by involuntary body movements. The district court dismissed all claims in favor of the manufacturers in a series of orders. On appeal, the Schrocks c... More...   $0 (08-28-2013 - OK)

David Hendleman v. Los Altos Apartments, L.P.

Named plaintiffs David Hendleman and Anne Aaronson appeal from the order of the trial court denying their motion for certification of a class of tenants at the Los Altos Apartments in the context of their lawsuit against the landlord. Plaintiffs brought this action alleging the landlord failed to repair and maintain the property in a safe and habitable condition over a period of 10 months, unlawfu... More...   $0 (08-20-2013 - CA)

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