Warranty Law
 
City of Tulsa v. Pamela Kay Hunt

1. Plaintiff/Condemnor is a municipal corporation organized and existing under and by virtue of the Constitution and statutes of the State of Oklahoma under a charter form of government and is authorized by its charter and the statutes of the State of Oklahoma to acquire, take, appropriate, and condemn private property for public purposes whenever such may become necessary for public convenience ... More...   $95000 (05-05-2013 - OK)

Joseph and Jamie Schwartzott v. Maravilla Owners Association, Inc. and Hudak & Dawson Construction Co., Inc

In these consolidated appeals, we consider whether the trial court erred in sustaining two defendants’ pleas to the jurisdiction in a suit brought by two former owners of a condominium unit against the condominium owners’ association, a contractor hired by the association, and the property manager of the condominiums. We affirm the trial court’s dismissal as to one claim, reverse the trial c... More...   $0 (05-02-2013 - TX)

Vern Cannon v. MBCI, a division of NCI Group, Inc.

Appellant, Vern Cannon, appeals the trial court’s judgment entered in favor of appellee, MBCI, A Division of NCI Group, Inc., on its claim that he breached a personal guarantee agreement. We affirm.

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I. BACKGROUND

MBCI manufactures products for constructing metal buildings for commercial, industrial, agricultural, and residential uses. Vern Cannon owns Cannon Storage ... More...
   $0 (05-02-2013 - TX)

Marcia L. Caronia v. Philip Morris USA, Inc.

9 Plaintiffs Marcia L. Caronia, Linda McAuley, and Arlene Feldman appeal from a
10 judgment of the United States District Court for the Eastern District of New York, Carol Bagley
11 Amon, Judge, dismissing their tort claims alleging negligence, strict products liability, and breach of
12 the Uniform Commercial Code ("UCC") implied warranty of merchantability in connection with the
... More...
   $0 (05-01-2013 - NY)

Sheldon Guthrie v. Birdbrain, Inc.

Sheldon Guthrie sued Birdbrian, Inc. and Home Depot USA, Inc. d/b/a Home Depot on a wrongful termination theory. The claims made by the plaintiff are not available.

Home Depot appeared and answered as follows:

1. Defendant admits the allegations contained in paragraph 1 of Plaintiffs Petition.

2. Defendant admits the allegations contained in paragraph 2 of Plaintiffs Pe... More...
   $1 (04-26-2013 - OK)

Pilot Construction Services, Inc. v. Babe's Plumbing, Inc.

Pilot Construction Services, Inc. (Pilot), appeals a final summary judgment entered on its cross-claims against Babe's Plumbing, Inc. (Babe's), in litigation initiated by New College against Pilot and Babe's.1 In moving for summary judgment, Babe's

_______________________

1There were several other parties and claims involved in the lawsuit below, but claims were settled and parti... More...
   $0 (04-26-2013 - FL)

Behnam Khani v. Ford Motor Company

Behnam Khani and his trial counsel, Payam Shahian and Strategic Legal Practices, appeal from an attorney disqualification order. We reverse.

FACTUAL AND PROCEDURAL SUMMARY

On August 11, 2011, Khani, represented by Shahian and his law firm, Strategic Legal Practices, sued Ford Motor Company (Ford) and its dealer, Galpin Motors, Inc., under the Song-Beverly Consumer Warranty Act (Civ. ... More...
   $0 (04-25-2013 - ca)

Anixter, Inc. v. Ratheon Company

¶1 Plaintiff-Appellant Anixter, Inc. (“Anixter”) appeals from the trial court’s judgment confirming an arbitration award in favor of Raytheon Company (“Raytheon”) and the denial of Anixter’s motion to vacate the award. For the following reasons, we affirm in part and modify in part.

FACTUAL AND PROCEDURAL HISTORY1

¶2 Anixter, a parts distributor, supplies parts to manuf... More...
   $0 (04-22-2013 - AZ)

Employers Mutual Casualty Company v. David Donnelly

This case arises out of a decision from the Bonner County district court in a case between Employers Mutual Casualty Company (EMC), David and Kathy Donnelly (Donnellys), and Rimar Construction, Inc. (RCI). In 2007, EMC brought a declaratory judgment action against the Donnellys and RCI to establish that under its policy of insurance with RCI, EMC had no duty or responsibility to pay damages claime... More...   $0 (04-19-2013 - ID)

The City of Oklahoma City v. Russell James Walker

1. That the Plaintiff, The City of Oklahoma City, is a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Oklahoma and its authorized Charter. Okla. Const. Art. 2, Sec. 24.

2. That the Plaintiff is authorized by the laws of the State of Oklahoma and its Charter to take, appropriate and condenm private property for public purposes ... More...
   $0 (04-18-2013 - OK)

Anne Moreland Dorai v. Suri Dorai

Anne Moreland Morai appeals from a decree of divorce dissolving the marriage between her and Suri Dorai. In four issues, Anne argues the trial court (1) erred by mischaracterizing certain property as Suri’s separate property, (2)

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abused its discretion by denying her motion for new trial, (3) abused its discretion by assigning Suri the responsibility of designating their child’s... More...
   $0 (04-18-2013 - TX)

Tiara Condominium Assocation, Inc. v. Marsh & McClennan Companies, Inc.

As we stated in our earlier opinion recorded at Tiara Condominium Association, Inc., v. Marsh & McClennan Companies, Inc., 607 F.3d 742 (11th Cir. 2010), this appeal arises from a contract between an insurance broker and the association responsible for managing the condominium tower located on Singer Island, Florida. The tower suffered extensive wind damage from two hurricanes in September 2004. T... More...   $0 (04-18-2013 - FL)

Norman J. Harris v. Susan Marks Harris

Norman J. Harris sued Susan Marks Harris, D. Todd Riddles and Cheek, Cheek & Cheek claiming:

1. Plaintiffs, Norma J. Harris (“Norma”) and Glenn E. Harris (“Bud”) (collectively, “Plaintiffs”), are individuals. They are citizens, residents, and domiciliaries of Oklahoma County, State of Oklahoma.

2. The first Defendant, Susan Marks Harris (“Susan Harris”), is an thd... More...
   $0 (04-14-2013 - OK)

Penny Morris v. Pliva, Inc.

Appellants Penny and John Morris sued Appellees PLIVA, TEVA, and Actavis—generic drug manufacturers—for injuries related to use of the drug metoclopramide (brand-name Reglan). This case is yet another in the expanding cohort controlled by PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011), which held state law claims against generic manufacturers of Reglan preempted by FDA regulations. See also De... More...   $0 (04-14-2013 - LA)

Kay Yost v. Jered Custom Homes

Kay Yost appeals the take-nothing summary judgment against her and in favor of Jered Custom Homes. Appellant brings two issues on appeal contending (1) the trial court erred by granting appellee’s motion for summary judgment, and (2) the trial court erred by considering appellee’s summary judgment evidence. We affirm the trial court’s judgment in part and reverse and remand in part.

B... More...
   $0 (04-03-2013 - TX)

Candise Castillo, et al. v. Santa Fe Nursing Operations, LLC, et al.

Candise Castillo, et al. sued Santa Fe Nursing Operations, LLC, et al. on negligence non-auto wrongful death theory.

The Court's registry of activities contained the following entries:

07/17/2013 ORD: STIPULATED
Stipulated Order of Dismissal , Without Prejudice
04/02/2013 CLS: DISMISSAL BY PARTY
Joint Stipulation of Dismissal, Wit... More...
   $0 (04-02-2013 - NM)

The Calypso Developers I, LLC v. Pelican Properties of South Walton, LLC

The Calypso Developers I, LLC (“Calypso”), appeals the final judgment entered in an action for equitable reformation brought by Appellee, Pelican Properties of South Walton, LLC (“Pelican”). The judgment grants Pelican’s

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claims, based on mutual mistake, for reformation of a purchase and sale agreement and the concomitant special warranty deed to include a condominium unit... More...
   $0 (03-28-2013 - FL)

Raji J. Zaher v. Michael J. Miotke

The question presented is whether an easement is void ab initio or merely subject to a lien-type interest when the male owner of a servient estate violates the statute of frauds by granting an easement without securing his wife’s waiver of her then-inchoate dower interest. Consistent with long-standing precedent of the Michigan Supreme Court, an inchoate dower interest is an encumbrance on a hus... More...   $0 (03-28-2013 - MI)

Debra Chris Montgomery Kroupa Williams v. Robert Ward Williams

Debra Chris Montgomery Kroupa Williams (Debra) appeals a trial court order awarding monetary sanctions and attorney’s fees to Robert Ward Williams (Robert). The appeal hinges on whether Debra violated an order issued in connection with the parties’ divorce. In a single issue, she argues the trial court abused its discretion by sanctioning her because she acted in accordance with the trial cour... More...   $0 (03-28-2013 - TX)

Abruzzo, LLC v. James Walesa

This is an interlocutory appeal from the trial court’s order granting appellee James Walesa’s special appearance. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(7) (West Supp. 2012). Appellant Abruzzo, LLC contends the trial court erred in granting Walesa’s special appearance because Walesa committed torts in Texas that subject him to specific jurisdiction in Texas courts. We affirm the t... More...   $0 (03-28-2013 - TX)

Farmers Insurance Company, Inc. v. Uponor, Inc.

Farmers Insurance Company, Inc. sued Uponor, Inc., R&L Plumbing and Ashton Homes, Inc. on negligence theories claiming:

I.

The Plaintiff, Farmers Insurance Company, Inc. (Hereafter “Farmers”), is a foreign insurance company, engaged in business activities within the State of Oklahoma,

II.

The Defendant, Uponor, Inc., (Hereafter “Uponor”) is a foreign cor... More...
   $1 (03-23-2013 - OK)

Mauna Loa Investments, LLC v. Anamaria Santiago

Mauna Loa Investments, LLC (“Mauna”), appeals from a final judgment
entered in favor of Anamaria Santiago (“Santiago”) after a default was entered
against it and a jury trial conducted on damages. Because the complaint fails to
state a claim upon which relief may be granted against Mauna, we reverse.

I. FACTUAL AND PROCEDURAL HISTORY

Santiago leased space for ... More...
   $0 (03-20-2013 - FL)

Kirtsaeng dba Bluechristine99 v. John Wiley & Sons, Inc.

The “exclusive rights” that a copyright owner has “to distribute copies. . . of [a] copyrighted work,” 17 U. S. C. §106(3), are qualified by the application of several limitations set out in §§107 through 122, including the “first sale” doctrine, which provides that “the owner of a particular copy or phono record lawfully made under this title . . . isentitled, without the authori... More...   $0 (03-19-2013 - NY)

Philip Morris USAS, Inc. v. James L. Douglas

We review the decision of the Second District Court of Appeal in Philip Morris USA, Inc. v. Douglas, 83 So. 3d 1002, 1011 (Fla. 2d DCA 2012), in which the Second District certified the following question of great public importance:1 DOES ACCEPTING AS RES JUDICATA THE EIGHT PHASE I FINDINGS APPROVED IN ENGLE V. LIGGETT GROUP, INC., 945 So. 2d 1246 (Fla. 2006), VIOLATE THE [ENGLE DEFENDANTS’] DUE ... More...   $0 (03-14-2013 - FL)

Helmut Volmich v. Richard Braden Neiman

Appellants Helmut and Petra Volmich appeal the trial court’s summary judgment in favor of Appellees Richard Braden Neiman and Traci L. Neiman. The Volmiches contend in two issues that the trial court erred by granting summary judgment because the “as-is” clause in the parties’ sale contract does not as a matter of law defeat their affirmative claims or establish the Neimans’ affirmative... More...   $0 (03-14-2013 - TX)

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