10-3639 NLRB v. E.A. Sween Co.
Labor Misrepresentation A finding by the NLRB that a union’s statement was misleading, but not grounds to vacate an election is affirmed. “E.A. Sween urges focus on the first sentence: ‘“THE U.S. SUPREME [sic] HAS HELD THAT ALL EXITING [sic] TERMS AND CONDITIONS OF EMPLOYMENT BY LAW MUST REMAIN THE SAME UNTIL AND DURING CONTRACT […]
2010AP890 Thelen v. Cremer
Property Misrepresentation; property condition report; economic loss doctrine Daniel and Suzanne Thelen entered into an agreement with the Thomas and Delores Cremer Revocable Trust for the purchase of commercial property. As part of that agreement, the Thelens received a condition report signed by Delores Cremer stating that, to the extent past remodeling had occurred, the […]
08-16947-7 In re Casper
Bankruptcy Discharge; exceptions; misrepresentation Where both the debtor and the creditor were engaged in a property flipping scheme, the creditor’s reliance on the debtor’s misrepresentations was not reasonable, and the debt can be discharged in bankruptcy. “It is also true that the fresh start offered by the bankruptcy code is limited to the ‘honest but […]
2009AP3010 Keller v. Gaszak
Property Misrepresentation; expert testimony Dennis and Laurie Gaszak appeal from a judgment that they failed to disclose basement cracks and a bulging wall when Patrick and Margaret Keller purchased their home. The Gaszaks argue that because there was no expert testimony as to cause, existence of a defect, and necessary repairs, their motion for a […]
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