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Tag Archives: Tort/Negligence

Tort/Negligence – Damages – Contract — Warranty – Civil Practice – Statute of Limitations – Faulty Windows – Wisconsin Law (access required)

Meifert v. MI Windows & Doors, Inc. In their amended complaint, plaintiffs continue to assert that their windows, which were allegedly designed, manufactured, and sold by defendant, caused direct economic loss to the windows and other property in the home and consequential economic loss. Recovery for such damages is barred by the economic loss doctrine.

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Tort/Negligence – Civil Practice – Subject Matter Jurisdiction – FTCA – Medical Malpractice – VA Hospital – Independent Contractor (access required)

Miller v. United States Even though the VA’s Patient and Nursing Home Resident Rights and Responsibilities document promises to provide patients with understandable information about the complaint process, it does not require VA personnel to explain the employment status of its physicians, nor does it require VA attorneys to counsel patients with malpractice claims on how they can best pursue their legal claims.

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Tort/Negligence – Email Hacking – Stored Communications Act – ‘Backup’ (access required)

Jennings v. Jennings Since plaintiff opened his emails and then left them on the Yahoo! server without downloading them or saving another copy in any other location, the emails on the Yahoo! server were not “backup” within the meaning of the Stored Communications Act. Therefore, defendant Broome’s accessing of plaintiff’s emails did not violate the SCA.

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Tort/Negligence – Defective Windows – MDL – Ohio Law – Unjust Enrichment – Fraudulent Concealment – Consumer Sales Practices Act (access required)

Wani v. MI Windows & Doors, Inc. Where plaintiffs are not the original purchasers of their home or its windows, there was no economic transaction between plaintiffs and defendant, the manufacturer of the windows. Therefore, plaintiffs have not alleged that defendant retained any benefit to which it was not justly entitled.

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Real Property – Tort/Negligence – Constructive Trust – Corporate — Mortgages – Foreclosure – Lis Pendens (access required)

Carolina Park Associates, LLC v. Marino The same people were involved in two companies: (1) CDM of Charleston, LLC (CDM), which held a second mortgage on the Carolina Park real estate development and (2) MDC of Charleston, LLC (MDC), which was a member of the limited liability company that owned Carolina Park (Carolina Park Associates, LLC).

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Tort/Negligence – Breach of Fiduciary Duty – Trusts & Estates – Banks & Banking – Collateral Call (access required)

Mozingo v. Wells Fargo Bank In its role as a trustee of plaintiff’s trust, the defendant-bank allegedly gave plaintiff advice in April 2008 about a contract that plaintiff then signed in June 2008. Since plaintiff terminated the bank’s role as trustee in May 2008, the bank’s April 2008 advice about the June 2008 contract cannot serve as the basis for plaintiff’s breach of fiduciary duty claim.

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