385 results for 'nos:"Other Fraud - Torts - Personal Property"'.
J. Simon partially grants the trustee's motion to dismiss the attorneys' complaint that the trustee fraudulently transferred a parcel of property from Oregon to Virginia to avoid giving the attorneys their due award from an underlying lawsuit in which they represented the trustee. This is an unusual case that makes a pleading amendment at this point appropriate. In the context of Oregon’s Uniform Fraudulent Transfer Act, it is unclear how to judge the interaction between the trustee individually and in their capacity as a trustee when "assets were already held in a revocable trust and then transferred by the trust." The attorneys may file a second amended complaint.
Court: USDC Oregon, Judge: Simon, Filed On: March 11, 2024, Case #: 3:23cv1150, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Property
J. Daniel partially grants Walmart’s motion to dismiss a trio of consumers’ fraud class action, brought over the overstated thread count of Walmart’s “Hotel Style” bed sheets. The court finds the consumers have sufficiently alleged fraud under Illinois law, as well as unjust enrichment, common law fraud, breach of warranty and negligent misrepresentation, on the basis that the sheets have less than half the 800-thread count advertised on their packaging. But the court also finds the consumers lack standing for injunctive relief as they have no plans to purchase the same sheets in the future, so they will not be falsely advertised to again. The court also dismisses the plaintiffs’ claims under California law, citing lack of jurisdiction.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: March 11, 2024, Case #: 1:23cv5315, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Wolson grants an online auction site’s motion to dismiss a real estate company’s claim that it encountered a chamber of horrors after buying a property subject to a senior lien. The company bought the property without a warranty, subject to terms of service with the site, and thus cannot maintain a claim for failing to disclose that someone held a lien on the property.
Court: USDC Eastern District of Pennsylvania, Judge: Wolson, Filed On: March 11, 2024, Case #: 2:23cv2518, NOS: Other Fraud - Torts - Personal Property, Categories: Property, Real Estate, Warranty
J. Russell mostly declines the stepfather's motion to dismiss in this fraud and fiduciary duty lawsuit concerning the administration of the mother's trust. The brothers have sufficiently alleged that the stepfather breached his fiduciary duties as the trustee by selling the house below market value, issuing an unsecured loan to his own son, and failing to pay ad valorem taxes on behalf of the trust. However, the brothers' claim for accounting is dismissed.
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: March 11, 2024, Case #: 5:23cv917, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Trusts, Fiduciary Duty
J. Schopler dismisses a corporate fraud complaint brought by two business owners who say that the subsidiary with which they contracted has failed to pay them money owed and has participated in a scheme with its parent company to hide the money necessary to pay them. The two business owners fail to plead each defendant's role in the alleged fraudulent scheme, the assets that were transferred between subsidiary and the parent company, and the timing of these alleged fraudulent activities.
Court: USDC Southern District of California, Judge: Schopler, Filed On: March 8, 2024, Case #: 3:23cv158, NOS: Other Fraud - Torts - Personal Property, Categories: Corporations, Fraud, Jurisdiction
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J. Ludwig defines claim constructions for the fishing gear company's lawsuit against the storage systems company alleging the latter falsely claimed in bad faith that the fishing gear company violated its patent outlining design details of a tackle box for storing fishing equipment. The parties' competing definitions of relevant claim constructions are noted, and most terms require no specific construction. Exceptions include "transparent," which is defined as "allowing the transmission of light in order to provide interior views of the contents," and "nested," which is defined as "one panel partially positioned within another." Deadlines for discovery and dispositive motions are laid out through June 26, 2024.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: March 6, 2024, Case #: 2:22cv503, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Patent
J. Garnett grants final approval to a $10 million settlement in a class action alleging that the window treatment company put a “discount” price on products that was actually the real price of the products. Class members who submit a claim will receive a settlement amount in cash, while class members who choose not to submit a claim will automatically receive store credit that will not expire. Class counsel is awarded just over $1.4 million, representing 14% of the settlement, which is well below the 25% benchmark set by the 9th Circuit.
Court: USDC Central District of California, Judge: Garnett, Filed On: March 4, 2024, Case #: 2:22cv8326, NOS: Other Fraud - Torts - Personal Property, Categories: Settlements, Attorney Fees, Class Action
J. Underhill grants the patentholder's motion for a preliminary injunction, ruling that because the infringing company and its owners have yet to make any payments on a $17 million judgment entered more than five years ago, the patentholder will likely never recover the judgment and will suffer irreparable harm without an injunction to prevent the fraudulent transfer of any remaining assets.
Court: USDC Connecticut, Judge: Underhill, Filed On: March 1, 2024, Case #: 3:22cv840, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Settlements, Injunction
J. Underhill denies the motion to dismiss filed by the company that infringed on the flood prevention device patent, ruling allegations made by the patentholder regarding the company's owners and family members transferring their ownership interests after they became aware of litigation are sufficient to prove fraudulent intent and allow fraudulent transfer claims to proceed.
Court: USDC Connecticut, Judge: Underhill, Filed On: March 1, 2024, Case #: 3:22cv840, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Patent
J. Dorsey grants the taxi company's motion to dismiss the concert of action claim. The company's driver filed an insurance claim against the other driver's policy after an accident, causing the other driver's rates to go up. The other driver's concert of action claim says the claim was false but fails to identify a scheme the company had with a lawyer it referred to its driver. The only relevant allegations against the company are that its driver “most likely” knew to contact the lawyer from the cab company, which would be familiar with personal injury lawyers.
Court: USDC Nevada, Judge: Dorsey , Filed On: February 29, 2024, Case #: 2:19cv1173, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Insurance, Vehicle
J. Starr denies, in part, a partnership's motion to dismiss a drilling company's veil piercing claim. The company has shown that amended its complaint to add this claim is not futile, will not delay the case and does not prejudice the partnership.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: February 28, 2024, Case #: 3:22cv2062, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, Fraud
J. Black grants the parties' joint motion to approve the class action settlement, ruling there is no evidence of fraud or collusion and the settlement will not only fairly compensate class members who purchased seven-pound bags of ice that weighed less than seven pounds, but will also prevent several more years of litigation.
Court: USDC Southern District of Ohio, Judge: Black, Filed On: February 27, 2024, Case #: 1:19cv1042, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Settlements, Class Action
J. Martinez declines to dismiss the claims under Oregon’s Unlawful Trade Practices Act and California’s Unfair Competition Law in the consumers' class action claiming that Amazon prevented them from unsubscribing from Audible and other Amazon services with overly complex cancellation procedures and by not explaining the terms of its automatic renewal programs. The consumers prove their prime facie case because the states' automatic renewal laws require businesses to give consumers a “timely, and easy to-use-mechanism for cancellation” in the acknowledgements, and the consumers show multiple instances where they struggled to cancel their subscriptions either by phone or online.
Court: USDC Western District of Washington, Judge: Martinez, Filed On: February 26, 2024, Case #: 2:22cv910, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Jolivette Brown grants a request by a Nevada resident for an order freezing $294,000 worth of his cryptocurrency assets traced to private accounts held by a purported investor he is suing for fraud. The litigant has shown that irreparable harm will ensue absent a restraining order, considering the speed with which cryptocurrency transactions are made, as well as the anonymous nature of those transactions. The potential recovery of assets will disappear if the accused is allowed to transfer the allegedly stolen assets into inaccessible digital wallets, which could occur at any moment.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: February 23, 2024, Case #: 2:24cv393, NOS: Other Fraud - Torts - Personal Property, Categories: Evidence, Fraud, Conversion
J. Robart declines to dismiss the Washington Consumer Protection Act claim in the timeshare owners' class action alleging that Happy Hour Media Group did not truly assist them in "exiting" their timeshare obligations in various resort properties. False advertising can be an unfair or deceptive practice under the WCPA, and the timeshare owners sufficiently allege that Happy Hour knowingly provided false information when promoting Reed Hein & Associates, because Happy Hour “drafted advertising and marketing content used by” Reed Hein and Lampo Group.
Court: USDC Western District of Washington, Judge: Robart, Filed On: February 23, 2024, Case #: 2:23cv630, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Class Action, False Advertising
J. Alonso partially grants an almond company’s motion for judgment in a prospective nationwide consumer class action. The prospective class representative alleges she was defrauded by the company’s “smokehouse” brand of almonds because the nuts are flavored with liquid smoke, not in an actual smokehouse. The court dismisses the consumer fraud claims brought under Idaho, Iowa, Nebraska, South Dakota, West Virginia and Wyoming law, but allows the claims brought under Illinois and several other states’ laws to stand.
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: February 22, 2024, Case #: 1:22cv1591, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Martinez-Olguin allows some class claims to continue against Simpson Imports from consumers who say the company sells canned tomatoes that are labeled as being higher-end San Marzano tomatoes, when they are actually standard tomatoes. The products are sold with "SMT" on the label that the company claims stands for San Merican tomato, and while that interpretation may hold up later in court, at this early stage it is plausible that consumers are being duped into believing that the label is referring to the more expensive San Marzano.
Court: USDC Northern District of California, Judge: Martinez-Olguin, Filed On: February 20, 2024, Case #: 3:23cv2214, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Class Action, False Advertising
J. Bell partially denies multiple aerospace manufacturing firms and individuals’ motion to dismiss allegations of fraud, negligence and wrongful termination brought by a former CEO of one of the firms. The CEO heard through other staff that one firm, which had acquired his, had no intentions to continue investing in his, although they blatantly misrepresented this fact to other firms and investors. When the CEO remained silent instead of defending the misrepresentations, the company fired him.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 20, 2024, Case #: 3:23cv203, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Negligence, Employment Retaliation
J. Orrick denies Meta's request to dismiss class privacy claims over pixel tracking technology that web users say Meta has been installing in various websites in order to collect private medical data from users. The case is one of many similar ones around the country over the same issue, and Meta's defense that it was just a "passive" recipient of the private information is not enough to shield the company. The class has properly alleged that Meta aggressively targeted different websites to be potential clients for the pixel tracking tool.
Court: USDC Northern District of California, Judge: Orrick, Filed On: February 12, 2024, Case #: 3:23cv4784, NOS: Other Fraud - Torts - Personal Property, Categories: Unfair Competition, Privacy, Class Action