Warranty Law
 
David Hildes v. Arthur Andersen, L.L.P.

David Hildes appeals from a district court order denying leave to amend his complaint. Hildes sought to add a claim under Section 11 of the Securities Act of 1933, 15 U.S.C. § 77k, against former outside directors of Peregrine Systems, Inc. (“Peregrine”). The district court concluded that

HILDES V. ARTHUR ANDERSEN LLP

amendment would be futile because the “negative causati... More...
   $0 (08-20-2013 - CA)

California Bank & Trust v. Piedmont Operating Partnership

“In 1989, Congress enacted the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, which is often referred to by the acronym FIRREA, and is codified at title 12 United States Code section 1821(d) . . . .” (Neman v. Commercial Capital Bank (2009) 173 Cal.App.4th 645, 648.) FIRREA “was designed to provide for takeovers of failed federally insured banking institutions” and ... More...   $0 (08-16-2013 - CA)

Oklahoma Gas and Electric Company v. P & M Land Partners, LLC

Oklahoma Gas and Electric Company sued P & M Land Partners, LLC on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in and to real property owned by the Defendant claiming:

1. Oklahoma Gas and Electric Company (“OG&E”), a corporation, having been duly organized and incorporated under the laws of the State of Oklahoma, is authorized to condu... More...
   $0 (08-16-2013 - OK)

Raymond Brackett v. Cable Motors, Inc. d/b/a Cable Volkwagen

Raymond Brackett and Sarah Brackett sued Cable Motors, Inc. d/b/a Cable Volkwagen on an auto negligence theory claiming:

1. That the Defendant, an Oklahoma Corporation, was at the time of the filing of this Petition, a resident of Oklahoma County with its principal place of business in Oklahoma County, and Plaintiffs were residents of Pace, Santa Rosa County, Florida;

2. That the... More...
   $1 (08-15-2013 - OK)

Debbie Bruer v. Sanodz, Inc.

Debbie Bruer sued Sanodz, Inc., Alza Corporation,Janssen Pharmaceutica Products, L.P., Janssen Pharmaceutica, Inc., Janssen, L.P., Johnson & Johnson, Inc., and Ortho-McNeil-Janssen Pharmaceuticals, Inc. on product liability theories claiming:

1. Plaintiff Debbie Bruer is an individual and citizen of the state of Oklahoma. Plaintiff Debbie Bruer is the Next of Kin of Jimmy Stuckey, decease... More...
   $1 (08-15-2013 - OK)

Pulte Home Corporation v. Bay at Cypress Creek Homeowners' Association, Inc.

Pulte Home Corporation (Pulte) seeks review of the circuit court's order denying its renewed motion to compel arbitration of an action brought by Bay at Cypress Creek Homeowners' Association, Inc. (the HOA), for alleged building code

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violations under section 553.84, Florida Statutes (2011). 1 We reverse the order under review on the authority of Pulte Home Corp. v. Vermilli... More...
   $0 (08-09-2013 - FL)

Frank Bell v. Ron Glettenberg

Tulsa, Oklahoma plaintiff personal injury lawyer represented Plaintiffs, Frank Bell and Heather Bell, who sued Ron Clettenberg and Stacey Clettenberg on seeking a declaratory judgment claiming:

1. Frank and Heather Bell have an equitable interest in the real property located at 2645 E. 41st Street, Tulsa, Oklahoma, 74105 more particularly described as:

SEE ATI’ACHED EXHIBIT ... More...
   $0 (08-06-2013 - OK)

Edwin DeJuses v. Park Corporation

Edwin DeJesus and Maria L. Cartagena appeal the district court’s summary judgment for Park Corporation, in which the court rejected appellants’ tort and warranty claims against Park under a theory of corporate successor liability. We affirm.

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DeJesus allegedly suffered injuries from a defective machine manufactured in 1957 by Bertsch, Inc. Although it was begun as ... More...
   $0 (08-01-2013 - MA)

Jack Brewer, Individually and d/b/a Resolution Trust Co. v. Green Lizard Holdings, L.L.C. Series SR

This is an appeal from a summary judgment for Green Lizard Holdings, L.L.C. Series SR, on its claim for removal of a fraudulent lien against Jack Brewer, individually and doing business as Resolution Trust Co. We affirm.

Background

Appellee sued appellant under sections 12.001–.002 of the Texas Civil Practice and Remedies Code, the fraudulent lien statute. Specifically, appelleeMore...
   $0 (07-18-2013 - TX)

Circle Ridge Production, Inc. v. Kittrell Family Minerals, LLC

Kittrell Family Minerals, LLC,1 brought a declaratory judgment2 and conversion suit against Circle Ridge Production, Inc., alleging that Circle Ridge failed to pay the prescribed overriding royalties even after receiving notice of its failure. Kittrell claimed the failure resulted in a forfeiture of the assignment of an oil and gas lease. The trial court granted Kittrell’s motion for summary jud... More...   $0 (07-17-2013 - TX)

The Department of Natural Resources v. Shirley A. Waide

¶ 1 Plaintiff, the Department of Natural Resources of the State of Illinois (Department), formerly the Department of Conservation, sought reformation of a warranty deed or a declaration that the warranty deed did not reserve an undivided one-fourth interest in the mineral rights of certain property conveyed by the warranty deed. Defendants, the heirs and assignees of the estate of the previous ow... More...   $0 (07-17-2013 - IL)

ECO Properties, LLC v. Ford Motor Company

ECO Properties, LLC sued Ford Motor Company and Joe Cooper Ford of Midwest City, LLC on breach of contract theories claiming:

1. Plaintiff, Eco Properties, LLC. (“Eco”), is an Oklahoma limited liability company with its principal place of business located in Oklahoma County.

2. Defendant, Ford Motor Company (‘Ford”) is a foreign corporation registered to do business withi... More...
   $64000 (07-17-2013 - OK)

James C. Thomason v. James E. Badgett

In August 1996, Kenneth Hopkins purchased land from Dan Reese and his family. In the warranty deed (the Reese deed), the Reeses reserved one half of the mineral rights (the Reese reservation). The Reese deed was recorded in volume 1684, page 335 of the real property records of Parker County, Texas. Hopkins then sold the land to Thomason and Lupton via warranty deed (the Hopkins deed), “save and ... More...   $0 (07-14-2013 - )

American Eagle Title Insurance Company and Lawyers Title of Oklahoma City, Inc. v. John D. Cooper, Sr.

American Eagle Title Insurance Company and Lawyers Title of Oklahoma City, Inc. sued John D. Cooper, Sr. claiming:

1. AETIC is an Oklahoma corporation doing business in Oklahoma County, Oklahoma.

2. Lawyers Title is an Oklahoma corporation doing business in Oklahoma County, Oklahoma.

3. Cooper is the holder of a mortgage on real property located in Oklahoma County, Oklah... More...
   $0 (07-12-2013 - OK)

Richard Cotner v. 3m Company

Richard and Marilyn Cotner sued 3m Company and others claiming:

1. Plaintiffs are, and at all times herein mentioned have been, residents of the City of New Castle, MeClain County, State of Oklahoma.

2. The damages sought by the Plaintiffs, exclusive of interest and costs, exceeds the jurisdictional amount required under 28 U.S.C. § 1332 for diversity jurisdiction.

3. D... More...
   $0 (07-12-2013 - OK)

B.J. Puckett v. Richard S. Puckett

B.J. Puckett and Johnny Puckett sued Richard S. Puckett, individually, and as Trustee of The Ruth L. Puckett Living Trust, dated August 20, 2002 claiming:


1. Plaintiffs B. J. Puckett and Johnny are the sons of John L. Puckett. John L. Puckett is deceased.


2. Richard S. Puckett is the currently serving Trustee of the Ruth L. Puckett Living Trust, dated August 20, 2002. and th... More...
   $0 (07-12-2013 - OK)

Rick Wolfe Roofing & Construction, Inc. v. Copperchase Condominium Owners' Association

Rick Wolfe Roofing & Construction, Inc. sued Copperchase Condominium Owners' Association on a breach of contract theory claiming:

1. That Wolfe is an Oklahoma Corporation doing business in the State of Oklahoma; that the Defendant, CCOA, is an Oklahoma Domestic Not for Profit Corporation doing business in the State of Oklahoma; and that the cause of action herein complathcd of arose in Okla... More...
   $0 (07-11-2013 - OK)

Steve Beck v. Oak Tree Partners, LLC

Steve Beck and Rhonda Beck sued Oak Tree Partners, LLC, Dunhill Develop0ment and Jeffrey O. Bolding on breach of contract theories claiming:

1. The events and occurrence which give rise to Plaintiffs’ causes of action occurred in and relate to real property located within Oklahoma County, Oklahoma. Accordingly, venue is proper in Oklahoma County, Oklahoma.

ALLEGATIONS COMMON TO... More...
   $0 (07-11-2013 - OK)

Nortex Foundation Designs, Inc. v. Douglas H. Ream and Karen S. Ream

Appellant Nortex Foundation Designs, Inc. appeals the trial court’s denial of its motion to dismiss the claims brought against it by Appellees Douglas H. Ream and Karen S. Ream. The Reams sued Nortex for negligence in the design of their home’s foundation and provided a certificate of merit to comply with

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1See Tex. R. App. P. 47.4.

2

section 150.0... More...
   $0 (07-11-2013 - TX)

D&M Marine, Inc. d/b/a Phipps & Company Homes v. J. Neal Turner and Kerie B. Turner

J. Neal Turner and Kerie B. Turner sued D&M Marine, Inc. d/b/a Phipps & Company Homes and others over damage in the construction of their home. The jury found in favor of the Turners and against D&M Marine on the Turners’ claims of negligence, deceptive trade practices, breach of warranty, and attorneys’ fees. The trial court awarded engineering and consulting fees after a post-trial hearing, ... More...   $0 (07-11-2013 - TX)

Stonebraker, Kelly J. v. Federal National Mortgage Association, ITS Successors and Association

This appeal concerns the right to possession of real property located in McKinney, Texas. Federal National Mortgage Association (“FNMA”) initiated a forcible detainer action against Kelly J. Stonebraker1 following a foreclosure sale of the property and Stonebraker’s failure to vacate upon demand. In a single issue, Stonebraker, appearing pro se, argues the trial court erred in awarding posse... More...   $0 (07-11-2013 - TX)

City of Broken Arrow, Oklahoma v. Shawn M. Whistler

City of Broken Arrow, Oklahoma sued Shawn M. Whistler and others on eminent domain theories claiming:

1. The Plaintiff is a Municipal Corporation duly organized and existing under the laws of the State of Oklahoma with its situs of government located in Tulsa County, Oklahoma.

2. The Defendants own or otherwise claim some interest in certain real property gtera1ly located at north of... More...
   $0 (07-08-2013 - OK)

Jason Jenkins v. Occidental Chemical Corporation

Jason Jenkins brought this action against Occidental Chemical Corporation after an acid addition machine designed by Occidental sprayed acid in Jenkins’s face, rendering him partially blind. The jury found for Jenkins on liability and damages, but the trial court entered judgment in Occidental’s favor based on two

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statutes of repose.1 In two issues, Jenkins argues that the tria... More...
   $0 (07-02-2013 - TX)

James A. West, P.C. v. George A. Pugh

Appellant James A. West, P.C. appeals the trial court’s take-nothing judgment on a breach-of-contract claim against his former client, appellee George A. Pugh, after a bench trial. In five issues, West contends that because Pugh did

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not plead the affirmative defense of prior material breach and the issue was not tried by consent, the trial court erred in finding that Pugh had cau... More...
   $0 (06-27-2013 - TX)

Andrea Guarino v. Wyeth, LLC

Plaintiff Angela Guarino appeals the district court’s dismissal of her claims against the brand-name manufacturers of the prescription drug Reglan, Wyeth LLC and Schwarz Pharma, Inc. (collectively, the “Brand Manufacturers”), and grant of summary judgment in favor of Teva Pharmaceuticals USA, Inc. (Teva), the manufacturer of its generic equivalent (metoclopramide), on her claims of negligenc... More...   $0 (06-25-2013 - FL)

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AK Morlan
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