400 results for 'cat:"Business Practices"'.
J. Cain grants summary judgment to a salvage business on its breach of contract claim against a maritime company that refused to pay its $207,000 bill for the successful recovery of its sunken river barge. The company unsuccessfully argued the fee was excessive, adding it expected its insurer to pay for the barge recovery and would not have allowed the salvage to proceed if it had known its insurer would deny the claim. The failure of the barge owner to pay any portion of the undisputed amount is a breach of the marine contract. A factual dispute remains as to whether the salvage business performed all of the services listed in its invoices and whether the barge owner was overcharged for divers, materials or transport days.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: April 17, 2024, Case #: 2:23cv626, NOS: Other Contract - Contract, Categories: Damages, business Practices, Business Expectancy
J. Scudder finds that the lower court properly found for DISH and DirecTV Network in a race discrimination suit alleging the broadcasters declined to pay for rights to carry two Indianapolis-based TV stations because the majority owner is Black. The broadcasters presented clear, race-neutral reasons for their decisions, and the company falls shorts of demonstrating pretext in these proffered explanations for their business decision. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: April 16, 2024, Case #: 23-1787, Categories: Civil Rights, Communications, business Practices
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Upon remand, J. Barbier rules on the Fifth Circuit's question of “who, specifically” directed the closing of Louisiana's Bayou Steel plant and the illegal mass layoff of its 300 employees in 2019, without the 60-day notice required by the federal WARN Act. Black Diamond, the company that owned the private equity fund that acquired Bayou Steel, is not liable for closing the plant or terminating its employees without proper notice, merely for its decision to make additional loans to the financially troubled mill. Three directors Black Diamond installed on Bayou Steel’s board of directors apparently made the “ultimate decision” to shutter the plant once it become clear there would be no additional funding. Furthermore, the laid-off workers acknowledged Black Diamond had no legal obligation to continue lending money to the mill.
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: April 15, 2024, Case #: 2:20cv1476, NOS: Other Labor Litigation - Labor, Categories: Employment, business Practices
J. Kennelly grants a baby formula manufacturer’s motion to dismiss an unjust enrichment class action brought by a nationwide class of consumers. The consumers paid more for baby formula after the manufacturer instituted a mass voluntary recall of tainted formula and shut down the facility where the formula was produced. Despite this, the court finds the class has failed to state a claim, opining there is no law under which the manufacturer “was obligated to maintain particular levels of formula production and supply or otherwise ensure stable formula prices.”
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: April 12, 2024, Case #: 1:22cv4148, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Product Liability, business Practices, Class Action
J. Guzman finds that a company guilty of misappropriation of trade secrets committed misappropriation willfully and maliciously, but does not award exemplary damages even though they would be warranted. Punitive damages have already been awarded, so exemplary damages run the risk of being unfairly duplicative.
Court: USDC Massachusetts, Judge: Guzman, Filed On: April 10, 2024, Case #: 4:21cv10572, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Damages, business Practices
J. Hunt grants a data analytics company’s motion to dismiss a privacy and fraud suit brought by immigration activists. The activists claim the data analytics company sells private consumer data to law enforcement, government agencies and businesses that places immigrants at heightened risk of stalking, identity theft and law enforcement targeting. However, the court agrees with the company that some of the activists have failed to sufficiently allege their claims, and others lack standing to bring their claims.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: April 8, 2024, Case #: 1:22cv5384, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Fraud, Privacy, business Practices
J. Clement finds the lower court properly dismissed this matter concerning the transfer of business ownership. The parties are two of four members of a LLC. Two of the members sold their membership interest to a third member, giving him three-fourths ownership. The fourth member argues that the three-fourths owner was to transfer an interest portion of the sale to him, but instead transferred it to the three-fourths owner's his wife. The lower court finds that pursuant to the LLC Agreement, any claims concerning the LLC must be heard in Oconee County, Georgia, where the company is registered. Affirmed.
Court: Tennessee Court of Appeals, Judge: Clement, Filed On: April 5, 2024, Case #: M2022-01640-COA-R3-CV, Categories: Venue, business Practices
Per curiam, the appellate division finds that the lower court properly denied the defendant media company's motion to dismiss the plaintiff's claim that it is entitled to share in the $35 million fee paid to the media company for the relinquishment of certain air rights. Nothing in the parties' 2004 letter agreement excludes rights that are subsequently relinquished or transactions requiring the company's consent. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 4, 2024, Case #: 01870, Categories: business Practices, Contract
J. Chen dismisses, on jurisdictional grounds, all but two defendants in a case regarding the business operations of a startup investment firm and subsequently compels the parties to arbitration solely to determine whether the remaining claims are subject to arbitration. The case involves allegations that the co-owner in a startup investment firm created without his partner’s knowledge a separate firm under a similar name and siphoned off management fees, depriving the litigant of his 50% stake in the company.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 30, 2024, Case #: 2:22cv906, NOS: Trademark - Property Rights, Categories: Arbitration, Trademark, business Practices
J. Reeves partly grants an honor society’s motion to dismiss counterclaims of defamation and misleading representation filed by a Nevada corporation, claiming they are intentionally misleading students with having similar trademarks. The defamation counterclaim regarding the challenged statements in a press release is dismissed, as well as the tortious interference counterclaim.
Court: USDC Southern District of Mississippi , Judge: Reeves, Filed On: March 29, 2024, Case #: 3:22cv208, NOS: Trademark - Property Rights, Categories: Trademark, Defamation, business Practices
J. Dillon grants the doctor's motion for attorney fees. The healthcare provider claims over two dozen individual and corporate-entity defendants, schemed to harm their business by converting, stealing, and misappropriating its business assets, contracts, workforce, and expectancies. The doctor left the provider and joined a competitor, creating what the healthcare provider claimed was a conspiracy to take their clients and employees. The court found that the provider had failed to allege the requisite predicate act necessary for a valid RICO claim and dismissed the RICO claim with prejudice. The doctor deserves attorney fees for being the prevailing party on the RICO claim.
Court: USDC Western District of Virginia, Judge: Dillon, Filed On: March 29, 2024, Case #: 7:22cv199, Categories: Health Care, business Practices, Racketeering
J. Talwani denies in part an employer’s partial motion to dismiss claims brought against it by a former employee. While the employee fails to sufficiently allege that he was an employee under the terms of the Massachusetts Wage Act in August 2022, he sufficiently supports his claim related to a $100,000 non-discretionary bonus at this stage.
Court: USDC Massachusetts, Judge: Talwani, Filed On: March 29, 2024, Case #: 1:22cv12051, NOS: Civil Rights - Habeas Corpus, Categories: Employment, business Practices, Workers' Compensation
J. Baker finds the circuit court improperly found for a Ford dealership. A financial audit revealed tax payment discrepancies, as well as incorrect usage of license tags. Though it is true “a vehicle may be involved in many transactions... [triggering] sales tax liability,” the dealer's allowing certain vehicles for business use by individuals, not being a transaction, and thus not triggering tax liability, is incorrect. The court applied the wrong standard of review. Reversed.
Court: Arkansas Supreme Court, Judge: Baker , Filed On: March 28, 2024, Case #: CV-23-450, Categories: Licensing, Tax, business Practices