Warranty Law
 
Shavonda Hawkins v. The Kroger Company

Trans fat has become increasingly recognized as a
dangerous substance and a leading cause of numerous serious
ailments, including heart disease and diabetes. Food and Drug
Administration (“FDA”) regulations govern the information
reported within a food product’s Nutrition Facts Panel on the
product’s label.1 As for trans fat, FDA regulations provided,
at all relevant times,... More...
   $0 (10-09-2018 - CA)

United States of America v. Treyton Lee Thomas





Raleigh, NC - Treyton Thomas Pleads Guilty to Multi-Million Dollar Investment Fraud Scheme and Income Tax Evasion

TREYTON LEE THOMAS, age 62, pled guilty to wire fraud, affecting a financial institution, and income tax evasion. In pleading guilty, THOMAS, agreed to p... More...
   $0 (10-04-2018 - NC)

National Federation of the Blind v. The Container Store, Inc.




Appellees/Plaintiffs, the National Federation of the Blind ("NFB"), Mika Pyyhkala, Lisa
Irving, Jeanine Kay Lineback, and Arthur Jacobs ("individual
plaintiffs"),1 filed a complaint in district court against
Appellant/Defendant, the Container Store, Inc. ("Container
Sto... More...
   $0 (09-23-2018 - MA)

Cheryl Searcy v. R.J. Reynolds Tobacco Company, et al. Middle District of Florida Federal Courthouse - Tampa, Florida

Cheryl Searcy (“Plaintiff”) sued the defendants, R.J. Reynolds Tobacco Company and Philip Morris Inc. (together, “Defendants”) for unintentional and intentional torts arising from the death of her mother, Carol Lasard, alleging that Lasard’s illnesses were caused by her addiction to cigarettes manufactured by Defendants. The jury found for Plaintiff on both the unintentional and intentional tort c... More...   $0 (09-12-2018 - FL)

William Brady v. Bayer Corporation

In 1925, Merck Pharmaceuticals sent a letter to Morris Fishbein, chairman
of the Journal of the American Medical Association. The letter said, “We have been
recently startled by the unexplainable demand on the part of our customers for Sodium
Borate C. P. Powder. From our representatives, we have learned that a Dr. Brinkley, of
Milford, Kansas, has broadcast recommendations for the... More...
   $0 (09-08-2018 - )

Ridge Natural Resources, LLC, Calvin Smajstrla, Christopher Hawa and Wilson Hawa v. Double Eagle Royalty, LP Ridge Natural Resources LLC Mineral Rights

Although an in-depth examination of oil-and-gas principles is not necessary to resolve the merits of this appeal, we pause briefly to define the various rights at issue in a mineral estate so as to ground our subsequent discussion and provide context as to what rights the McDaniels purportedly believed they were conveying, and what rights may have actually been conveyed in the agreement the Mc... More...   $0 (09-02-2018 - TX)

Wendy Younger v. El Paso County Emergency Services District No. 2 and El Paso County, Texas

Wendy Younger purchased the lot at issue in the Montana Vista area in 1997. She purchased the property as part of an agreement between the Paso View Christian Association and the Montana Vista Volunteer Fire Department. Due to a rash of fires and resulting property loss in the area, the Association donated two lots on Kyle Road to the Fire Department in exchange for the department building a... More...   $0 (09-02-2018 - TX)

River City Drywall, LLC v. Eric Hanlon and Nalinh Hanlon

The Hanlons served in the role of general contractor in the construction of their new home (the Residence) in Austin. They entered into a contract with River City to install the Residence’s drywall and to apply decorative texture to the drywall. They hired another contractor, Nicolas Guerrero, to paint the interior walls after River City finished its drywall and texture work. At some point after... More...   $0 (09-01-2018 - TX)

William Jae Kim v. Toyota Motor Corporation

Plaintiff William Jae Kim (Kim) was severely injured after he lost control
of his Toyota Tundra pickup truck and drove off an embankment. Together with
his wife, Kim brought this strict products liability suit against defendant Toyota
Motor Corporation and related entities (collectively, “Toyota”), claiming that the
pickup truck was defective because its standard configuration did ... More...
   $0 (08-31-2018 - CA)

MARILYN E. BATMAN, Trustee of the BATMAN REVOCABLE TRUST NO. 1, v. KENT A. DEUTSCH, d/b/a DEUTSCH OIL COMPANY v. ROBRO ROYALTY PARTNERS, LTD., a Texas Limited Partnership, and BITTER END ROYALTIES, LP,

On October 1, 1983, Helen Morrison conveyed to Ralph Stalcup an 80-acre tract of real property located in Stafford County. This property was subject to a 1967 oil and gas lease (the Morrison Lease) entitling the lessor to a one-eighth royalty. The original lessor had drilled an oil well on the property in 1970. In the general warranty deed conveying the property, Morrison reserved mineral rights t... More...   $0 (08-30-2018 - KS)

Branches Neighborhood Corporation v. Calatlantic Group, Inc.

Plaintiff Branches Neighborhood Corporation (Branches or the
association), a community association incorporated pursuant to the Davis-Stirling
Common Interest Development Act (Civ. Code, § 4000, et seq.)(the Act), filed an
arbitration claim against the association’s developer, defendant CalAtlantic Group, Inc.,
formerly known as Standard Pacific Corp. (Standard), for construction d... More...
   $0 (08-27-2018 - CA)

Branches Neighborhood Corporation v. Calatlantic Group, Inc.

Plaintiff Branches Neighborhood Corporation (Branches or the
association), a community association incorporated pursuant to the Davis-Stirling
Common Interest Development Act (Civ. Code, § 4000, et seq.) (the Act), filed an
arbitration claim against the association’s developer, defendant CalAtlantic Group, Inc.,
formerly known as Standard Pacific Corp. (Standard), for construction ... More...
   $0 (08-25-2018 - CA)

GRANT FRITSCH, an individual v. SWIFT TRANSPORTATION COMPANY OF ARIZONA, LLC

Because the issues in this appeal arise from a defendant’s removal of a case filed in state court to federal court, we begin with the relevant background principles for such a removal. Under 28 U.S.C. § 1441(a), a defendant may remove certain actions filed in state court to a district court so long as a federal court has jurisdiction over the action, and certain procedural requirements are met. T... More...   $0 (08-17-2018 - CA)

Shameka Winslett v. 1811 27th Avenue, LLC

Shameka Winslett filed a complaint asserting various claims against her former
landlord Yugal Sagi and his LLC after he failed to make repairs to her apartment and filed
an unlawful detainer action against her. Sagi responded by filing an anti-SLAPP motion to
strike three of these claims, for retaliation and retaliatory eviction under Civil Code section
1942.5,1
former subdivis... More...
   $0 (08-15-2018 - )

Malcolm Kelso v. Christine A. Butler, et al. Western District of Louisiana Federal Courthouse - Lafayette, Louisiana

After plaintiff Malcolm Kelso rested his case, opposing counsel moved for judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50. The district court granted the motion. Kelso requests that we reverse and remand, contending that the motion did not “specify . . . the law and facts that entitle[d] the movant to the judgment.”1 We affirm the district court’s judgment.
Case: 15-... More...
   $0 (08-14-2018 - LA)

Garrell "Gary" McCutcheon Jr., and Melissa K. McCutcheon v. Pavco Trucking Co. Inc., and Titan Transfer, Inc.

Pavco Trucking Company, Inc. (“Pavco”), operated a trucking company in
Clarksville, Indiana. Pavco employed the McCutcheons to haul freight by
truck. Pavco terminated the McCutcheons’ employment on February 14, 2014.
[3] On March 1, 2014, Titan and Pavco executed the Purchase Agreement which
enumerated a number of Pavco’s assets that would be transferred to Titan in
exch... More...
   $0 (08-12-2018 - IN)

Michael Colaco v. Cavotec SA

Michael Colaco, and April Barry appeal from the judgment entered against them in this action
arising from Inet’s sale of its assets to respondents Cavotec SA and Cavotec Inet US, Inc.
(collectively Cavotec). Colaco was Inet’s sole shareholder and its chief executive officer
and Barry was Inet’s director of administration. After the transaction, Colaco became
Cavotec Inet US, Inc.’s... More...
   $0 (08-11-2018 - CA)

CASE & ASSOCIATES PROPERTIES INC. d/b/a ASPEN PARK APARTMENTS, v. JODIE L. BRIBIESCA

Bribiesca first moved to Aspen Park Apartments (Aspen) on June 10, 2015. The apartments are located in Wichita and are owned by Case. On January 8, 2016, Bribiesca moved from her first apartment, unit 1812, to another, 1908, in the same complex. Bribiesca testified she was not offered an opportunity to see 1908 before moving in, and it is not clear whether she asked to view the apartment before th... More...   $0 (08-09-2018 - KS)

Patrick Lafferty v. Wells fargo Bank, N.A.

This is the third appeal that comes to us in this case, which arises out of Patrick
and Mary Lafferty’s purchase of a defective motor home from Geweke Auto & RV
Group (Geweke) with an installment loan funded by Wells Fargo Bank, N.A (Wells
Fargo).
In Lafferty v. Wells Fargo Bank (2013) 213 Cal.App.4th 545 (Lafferty I), this
court affirmed in part and reversed in part the actio... More...
   $0 (07-21-2018 - CA)

Nicholas Knopick v. Jayco, Inc. Northern District of Indiana Federal Courthouse - Lafayette, Fort Wayne, South Bend, Hammond Morelaw Internet Marketing for Legal Professionals Helping People Find You On The Internet 888-354-4529

In his telling, plaintiff Nicholas Knopick bought a $415,000 jalopy, but to be more precise, a limited liability company he controls bought the $415,000 jalopy. This factual shift determines the outcome of this case. Knopick has sued the manufacturer under the vehicle’s express limited warranty. That warranty does not cover the ve-hicle because the warranty excludes from coverage all vehi-cles pur... More...   $0 (07-17-2018 - IN)

Tamara Baskin v. Hughes Realty, Inc.

In the underlying action for disability discrimination,
appellant Tamara Baskin alleged that respondent Hughes
Realty, Inc. (Hughes) violated the California Disabled
Persons Act (DPA) (Civ. Code, §§ 54-55.3.) by providing no
designated and accessible path of travel for persons with
disabilities within the parking lot of a grocery store.1
Sppecifically, she alleged that unde... More...
   $0 (07-13-2018 - CA)

Cintas Corp. No. 2 v. Becker Property Services LLC

Becker Property Services LLC ("Becker") and Cintas Corporation No. 2 ("Cintas") executed a contract containing indemnification and choice-of-law provisions. A dispute arose over whether the contract entitles Cintas to indemnification for damages caused by its own negligence. To answer that question, we must also resolve a threshold dispute: As between Wisconsin and Ohio, which law provid... More...   $0 (07-04-2018 - WI)

Kohner Properties, Inc. v. Latasha Johnson Missouri Supreme Court - Jefferson City, Missouri

Latasha Johnson appeals a judgment entered in favor of Kohner Properties, Inc., in a rent-and-possession action. She argues the circuit court erroneously barred her from asserting the implied warranty of habitability as an affirmative defense and counterclaim because she remained in possession of the premises without depositing her unpaid rent to the circuit court in custodia legis, which is “trad... More...   $0 (07-03-2018 - MO)

Experian Information Solutions, Inc. v. Nationwide Marketing Services, Inc. District of Arizona Federal Courthouse - Phoenix, Arizona

The novel federal question in this appeal is whether lists
of names with addresses are copyrightable when they are the
product of a sophisticated process to ensure accuracy and
utility. In other words, whether such lists are more like a
telephone book, that the Supreme Court has held lacks any
creative spark, or more like Joyce’s Ulysses that changed the
course of 20th cent... More...
   $0 (06-28-2018 - AZ)

Kayla Doherty v. Merck & Co., Inc. The United States of America District of Maine Federal Courthouse - Bangor, Maine

Kayla Doherty became pregnant
while supposedly protected by a contraceptive implant manufactured
by Merck & Co., Inc. After she gave birth to a healthy child, she
brought this lawsuit against Merck, claiming that the implant
and/or its applicator were defective. She also sued the federal
government under the Federal Tort Claims Act, claiming that her
doctor at a federally-f... More...
   $0 (06-21-2018 - ME)

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