400 results for 'cat:"Business Practices"'.
J. Stratton finds the lower court improperly granted a special motion to strike and found in favor of a law firm in this matter of alleged breach of contract and fraud. A film company had an agreement with a capital group to help find funding for film projects, and to receive a portion of the funding. The capital group dissolved, and the principal formed another company that received funding through one of the companies that the film company found for him when he was with the previous group; an action that allegedly breached the parties original agreement. The lower court granted an anti-SLAPP motion based on the fact that the film company rooted its claims on a letter from the law firm that the lower court determined was a protected communication, but the instant court found that the letter was in response to an email sent from the film company asking for assistance in collecting a fee, not tied to any litigation, and is therefore not a protected communication. The matter is remanded with an order denying the motion. Vacated.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: March 28, 2024, Case #: B323356, Categories: business Practices, Contract
J. Aycock grants an insurance company’s motion for summary judgment against a Black customer who claims he was discriminated against and denied insurance when being suspected of having a gun that was, in reality, a water bottle in his belt to treat sciatic nerve pain. The customer did not give evidence that he was treated differently due to his race.
Court: USDC Northern District of Mississippi , Judge: Aycock, Filed On: March 28, 2024, Case #: 3:22cv35, NOS: Other Civil Rights - Civil Rights, Categories: Communications, Insurance, business Practices
J. Barbier grants a request by a manufacturer of air conditioners and heating systems, dismissing a competitor’s state law claims of unfair trade practices arising from its hiring of a former employee who allegedly divulged the confidential details of a product produced by his former employer. The litigant HVAC company has not alleged any specific conduct by its competitor that is “immoral, unethical, unscrupulous or substantially injurious.” Instead, the claims against the competitor demonstrate the latter company’s permissible business judgment in hiring and product development.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: March 27, 2024, Case #: 2:23cv1669, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Employment, Evidence, business Practices
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Cain denies summary judgment to a Louisiana company on its argument it did not breach its lease for storing sacks of the industrial coloring agent, titanium dioxide. The company argues warehouse owners cannot prove damages because the fine, white, nonhazardous powder existed on the walls and ceilings when its 2017 and 2012 leases began. Warehouse owners say it cost them $80,690 to vacuum and dispose of the industrial dust. Given the nature of the damage involved, “it would be impossible to distinguish which grains settled prior to 2012 or 2017,” and which grains settled afterwards.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: March 27, 2024, Case #: 2:22cv2386, NOS: Other Contract - Contract, Categories: Evidence, Property, business Practices
J. Bulsara rules on a motion for partial summary judgment and finds in favor of a female bartender on her two wage statement violation claims against a New York City gentlemen’s club, awarding her $10,000 in statutory damages. She provides enough evidence to show both that she was not provided a wage notice within her first 10 days of employment and that her wage statements failed to list basic wage information. The court preserves her remaining claims for trial.
Court: USDC Eastern District of New York, Judge: Bulsara, Filed On: March 27, 2024, Case #: 1:21cv3766, NOS: Fair Labor Standards Act - Labor, Categories: Employment, business Practices, Labor
J. Connolly properly denied the fabric manufacturer's motion to dismiss counterclaims brought by a solar shade maker in a copyright dispute over the weaves, patterns, and colors co-produced by the companies in their 30 year partnership. The solar shade maker's counterclaims sufficiently plead that the restrictive covenants in the parties' agreements were enforceable. Affirmed.
Court: New York Appellate Divisions, Judge: Connolly, Filed On: March 27, 2024, Case #: 01744, Categories: Trade Secrets, business Practices, Contract
J. Africk grants requests by several corporations sued by a Louisiana manufacturer of protective coatings, dismissing for lack of jurisdiction claims they violated nondisclosure agreements in a business partnership to develop railcar coating. The litigant-manufacturer’s complaint does not allege any specific facts that show their previous business partners purposely directed activities at Louisiana, while signing an NDA with a Louisiana business does not establish the minimum contacts required for jurisdiction.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: March 25, 2024, Case #: 2:23cv6394, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Corporations, Jurisdiction, business Practices
J. Newby finds that the North Carolina Business Court ruled properly in this business dispute. When the woman appeared and moved to claim exempt property, she waived her right to object to the sufficiency of the service of process. Affirmed.
Court: North Carolina Supreme Court, Judge: Newby, Filed On: March 22, 2024, Case #: 218A22, Categories: business Practices
J. Drell grants summary judgment to a Texas-based corrugated packaging company, dismissing breach of contract claims by a transportation service in Mississippi. The proposed written contract for warehousing services and its terms are unenforceable, and the corrugated packaging company in Texas did not promise the Mississippi company a three-year term for warehousing services.
Court: USDC Western District of Louisiana , Judge: Drell, Filed On: March 21, 2024, Case #: 1:20cv445, NOS: Other Contract - Contract, Categories: Evidence, business Practices, Contract
J. Smith finds that the lower court properly granted summary judgment to the appellees on the appellant's claim for indemnification under a limited partnership agreement and certain articles of incorporation. The appellant, a former executive with the corporate appellees, failed to establish his right to indemnification. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: March 20, 2024, Case #: 05-23-00125-CV, Categories: business Practices, Indemnification
J. Zainey denies a request by an insurer to strike a jury demand by the owner of a fire-damaged vessel who originally sued the insurer in state court for bad faith insurance practices. The insurer has no right under federal law to a bench trial and the court is persuaded it would commit reversible error by denying the vessel owner its Seventh Amendment right to a jury trial. Once the insurer removed the vessel owner’s suit to federal court, its dissatisfied client was entitled to a jury under the Seventh Amendment.
Court: USDC Eastern District of Louisiana , Judge: Zainey, Filed On: March 20, 2024, Case #: 2:23cv2796, NOS: Insurance - Contract, Categories: Jury, Choice Of Law, business Practices
Per curiam, the appellate division finds that the lower court improperly denied the leaser's motion to dismiss a counterclaim for breach of contract filed by the lessee of an aircraft engine. Under the terms of the contract, the lessee unconditionally agreed to waive all rights and damages with regard to the engine other than claims based on willful misconduct on the part of the leaser. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 19, 2024, Case #: 01513, Categories: business Practices, Contract
J. Massing vacates summary judgment in favor of a hotel being sued by children’s clothing sellers who were told to leave the hotel after they arrived to conduct business with retailers, were told by the hotel that there was an unwritten policy against conducting business at the hotel and then they argued against the imposition of this new unwritten policy that they hadn't been told about previously. While the hotel didn’t violate a consumer protection statute, the hotel arguably referenced a “fictitious policy” as a “deceptive means of forcing them out.” Reversed.
Court: Massachusetts Supreme Court, Judge: Massing, Filed On: March 18, 2024, Case #: 23-P-178, Categories: Commerce, Consumer Law, business Practices
J. Beetlestone grants in part Rite Aid’s motion to seal certain portions of the summary judgment record in this trademark dispute with a font maker who alleges the pharmacy used one of its typefaces, Neutraface, in its multi-million dollar corporate rebrand without the maker’s permission. It is reasonable to redact some of RiteAid’s proprietary financial data that was used to weigh this case.
Court: USDC Eastern District of Pennsylvania, Judge: Beetlestone, Filed On: March 18, 2024, Case #: 2:22cv1174, NOS: Trademark - Property Rights, Categories: Evidence, Trademark, business Practices
J. Chambers grants the recreational vehicle manufacturer's motion to dismiss the customer's breach of warranty suit claiming a 2022 Forest River Sandpiper he purchased from a dealer in Ashland, Kentucky, was defective and that multiple attempts to repair the RV were unsuccessful. The court finds the customer signed the warranty registration when he purchased the RV which contained the "magic words" in the forum selection clause that any action must be filed in Indiana. The court stays enforcement of its order to allow the customer to file a motion to transfer.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: March 15, 2024, Case #: 3:23cv570, NOS: Other Contract - Contract, Categories: business Practices, Warranty, Contract
Per curiam, the appellate division finds that the lower court improperly ordered the staffing agency to post an undertaking of $1 million, a sum far exceeding the amount requested by the minority shareholder, who claims the majority shareholder fraudulently set him up to incur significant tax penalties. The order is modified to set the amount of the undertaking at $210,000. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 14, 2024, Case #: 01343, Categories: Damages, business Practices
J. Manzanet-Daniels finds that the lower court properly dismissed a businessman's complaint against his former partner in a dispute over the partner's failure to cash out his investment, worth $11 million. The original exit opportunity agreement is unenforceable because it was superseded by an amendment to the company's limited liability agreement. Affirmed.
Court: New York Appellate Divisions, Judge: Manzanet-Daniels, Filed On: March 14, 2024, Case #: 01337, Categories: business Practices, Contract
J. Cronan dismisses the small businesses' RICO claims against several lenders over an alleged predatory lending scheme disguised as agreements for the purchase and sale of these businesses' future sales receipts. Nothing in the complaint suggests that the defendants, in making the agreements and collecting the debts, acted beyond "the regular affairs of the corporation." However, the businesses' shall be given the opportunity to amend their complaint.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: March 14, 2024, Case #: 1:23cv1404, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: business Practices, Banking / Lending, Racketeering
J. Spain finds the lower court properly dismissed a matter concerning billing by an Emergency Medical Service (EMS). EMS treated and transported a patient with minor injuries to a local hospital for further treatment. The patient argues he was billed by EMS for basic life saving emergency transport, which he claims he did not receive. EMS claims the service was rendered, and the matter is one of healthcare liability in which the patient did not satisfy the necessary requirements to move his complaint forward; specifically, the patient did not provide an expert report by the statutory deadline. The lower court agreed with EMS and dismissed the case. On review, the instant court finds no error in the lower court determination. Affirmed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: March 14, 2024, Case #: 14-22-00671-CV, Categories: Health Care, Experts, business Practices
J. Lynch finds that the district court properly denied federal whistleblower claims against a drug distributor but improperly dismissed similar state actions because the qui tam relator failed to demonstrate the distributor knowingly violated federal law in allegedly providing business management tools to customers at no charge as kickbacks for making commitments to purchase drugs. However, analogous state claims should not have been rejected based solely on federal anti-kickback provisions because their statutes may be different. Affirmed in part.
Court: 2nd Circuit, Judge: Lynch, Filed On: March 12, 2024, Case #: 23-726-cv, Categories: business Practices, Whistleblowers
J. Rochon grants the duck farms' motion to dismiss a lawsuit alleging they falsely market their foie gras to sustainability-focused restaurants in California despite California's ban on the sale of foie gras for animal cruelty reasons. The plaintiff restaurant has not plausibly alleged it suffered an injury from the diversion of its resources to education consumers about foie gras. Further, given the alleged consumer confusion due to the texture of foie gras, which is allegedly similar to plant-based foods, "resolving plaintiff’s purported problem would require changing the very nature of foie gras itself, not merely who sells it."
Court: USDC Southern District of New York, Judge: Rochon, Filed On: March 11, 2024, Case #: 1:15cv6624, NOS: Constitutionality of State Statutes - Other Suits, Categories: business Practices
J. Bell denies an investment research company’s motion to dismiss allegations that it sent unsolicited text messages, which deceived consumers into visiting its website and purchasing subscriptions, and falsely offered free financial advice. A class of consumers brought this claim, and it sufficiently evidenced that the text messages were not merely informational but meant to lure customers into purchases.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: March 11, 2024, Case #: 5:23cv111, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Trade, business Practices, Technology