40 results for 'nos:"Negotiable Instrument - Contract"'.
J. Wilder-Doomes denies a request by an embattled Louisiana nursing home operator seeking to withdraw deposition statements made in August 2022 to a bank suing him for defaulting on substantial loans. The businessman unsuccessfully argued he has been mentally incompetent from pain and treatment with opioids since a major dental surgery in June 2021 and he has been unable to “concentrate or engage in a social conversation, much less a business communication.” The declarations by the businessman and his wife were contradicted by live testimony and lack credibility. His incompetency defense has been rejected in other pending suits. He also claims his attorney abandoned him.
Court: USDC Middle District of Louisiana, Judge: Wilder-Doomes, Filed On: July 11, 2023, Case #: 3:21cv680, NOS: Negotiable Instrument - Contract, Categories: Discovery, Banking / Lending
J. Otake grants, in part, the rental property seller's motion for summary judgment, ruling that because none of the statements supporting the buyers' fraud claims were made in Hawaii and were related to rental properties located in St. Louis, the buyers have failed to establish jurisdiction. However, because discussions over the purchases took place in Hawaii and documents were presented to the buyers within the court's jurisdiction, the claims for enforcement of promissory notes will proceed.
Court: USDC Hawaii, Judge: Otake, Filed On: June 30, 2023, Case #: 1:22cv309, NOS: Negotiable Instrument - Contract, Categories: Fraud, Real Estate, Jurisdiction
J. Otake grants the property sellers' motion to dismiss, ruling the buyers' allegations are insufficient to establish the requisite contacts in the state of Hawaii to give this court jurisdiction, as none of the sellers are located in the state and did not offer any forms or contracts to the buyers. Additionally, there is no indication the sellers' claims to be partners with the defendants located in Hawaii ever took place in the state, while there is also no documentation to support the partnership.
Court: USDC Hawaii, Judge: Otake, Filed On: June 30, 2023, Case #: 1:22cv309, NOS: Negotiable Instrument - Contract, Categories: Fraud, Real Estate, Jurisdiction
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J. Briccetti partially grants the bank's motion for partial summary judgment in an action against the borrower and other companies alleging that they violated loan, security and guaranty agreements. The motion is granted with respect to the breach of contract claim against the borrower, the claim for foreclosure of security interest against three of the companies, and the breach of guaranty claim against two of the companies and the individual. It is undisputed that the borrower defaulted on its obligation to make loan payments. However, the motion is denied as to the claims for breach of guaranty and foreclosure of security interest against the imaging company. An issue of fact exists as to whether the individual was authorized to execute the agreement on the imaging company's behalf.
Court: USDC Southern District of New York, Judge: Briccetti, Filed On: June 5, 2023, Case #: 7:21cv5201, NOS: Negotiable Instrument - Contract, Categories: Banking / Lending, Contract
J. Stadtmueller finds partially in favor of the solar power plant developer in a lawsuit it faces from a company which loaned the developer more than $500,000 across two business notes which ended up in default. The company who made the loan's motion for summary judgment is partially granted, in that it is ordered that the developer is liable to the company for around $3.9 million per the terms of their agreement even though the company only ever dispersed $514,000, but the company's claim for turnover of a membership interest in the developer is dismissed with prejudice. If the parties are unable to agree on an amount of prejudgment interest, the first round of briefing on the matter is due from the company on July 5, 2023.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: June 2, 2023, Case #: 2:22cv757, NOS: Negotiable Instrument - Contract, Categories: Negligence, Contract
J. Piersol grants an Idaho Housing and Finance Association motion to dismiss an individual's pro se complaint alleging that the association was attempting to deprive him of property to which they are not entitled by preventing him from assigning his property to his heirs in trust. The individual has presented an insufficient complaint in every respect to survive dismissal.
Court: USDC South Dakota, Judge: Piersol, Filed On: June 1, 2023, Case #: 4:23cv4036, NOS: Negotiable Instrument - Contract, Categories: Property, Trusts
J. Schroeder denies a CBD products manufacturer's motion to dismiss a CBD oil supplier's negligent misrepresentation counterclaim in connection with the manufacturer's $500,000 loan to the supplier to upfit a CBD production facility. There are disputes of fact regarding the type of oil the manufacturer claimed to need and how much it planned on purchasing from the supplier, which plausibly induced the supplier to lease and upfit the facility.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: May 26, 2023, Case #: 1:22cv555, NOS: Negotiable Instrument - Contract, Categories: Contract