123 results for 'nos:"Other Personal Property Damage - Torts - Personal Property"'.
J. Bell grants summary judgment to a lawyer representing a lender after a borrower that was starting a beverage packaging company sued the lawyer for fraud. The loan required a 5% deposit, approximately $2.7 million, which the lender promised was put into a restricted account to prevent fraud. However, the account was not restricted and fraudsters associated with the lender withdrew it. The lender’s lawyer, nevertheless, did not at any time mislead the borrower or misrepresent his own actions.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: August 24, 2023, Case #: 3:20cv363, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Fraud, Property, Banking / Lending
J. Cote partially denies the cryptocurrency exchange's motion to dismiss Electronic Fund Transfer Act claims stemming from its alleged failure to implement adequate security protections for accountholders. The accountholders may recover only statutory damages, not actual damages, for the alleged violations because there is no "substantial nexus" between the violation and their losses.
Court: USDC Southern District of New York, Judge: Cote, Filed On: August 23, 2023, Case #: 1:22cv1602, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Securities, Damages, Technology
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. England compels arbitration on two brothers’ strict liability, conversion and other claims against a bank related to items missing from their safe deposit box. The parties' contract contains an enforceable arbitration agreement, and the bank did not waive its right to arbitrate.
Court: USDC Eastern District of California, Judge: England, Filed On: August 17, 2023, Case #: 2:22cv1291, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Arbitration, Conversion, Banking / Lending
J. Cain denies a request by an internet service provider to dismiss defamation counter-claims by a contracted telecommunications installer, arising from allegations that the installer performed poor work and failed to complete its job. The contractor’s claims lack sufficient factual allegations to establish a claim for defamation and interference with its business relationships. Because the case is in its “infancy,” the contractor will be allowed to amend its counterclaim to address deficiencies noted in the ruling.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: August 11, 2023, Case #: 2:23cv436, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Construction, Defamation, Business Expectancy
J. Westmore denies the former family living trust trustee's motion for summary judgment on the beneficiary's breach of fiduciary duty, professional negligence and accounting claims. The trustee, at a minimum, owed statutory duties to the beneficiaries, and fact questions remain as to whether his actions amounted to gross negligence or were undertaken in good faith.
Court: USDC Northern District of California, Judge: Westmore, Filed On: August 4, 2023, Case #: 4:23cv675, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Trusts, Fiduciary Duty
J. Burns finds that a marine cleaning service may pursue negligence claims against the Department of the Navy for allegedly failing to prevent a fire from destroying its equipment. The government argues that the claims in the lawsuit sound in contract and, therefore, the marine cleaning service was required to first exhaust its administrative remedies pursuant to the Contract Disputes Act. However, the cleaning service's claims "are entirely based in admiralty tort, thus falling within the purview of this court's jurisdiction."
Court: USDC Southern District of California, Judge: Burns, Filed On: July 26, 2023, Case #: 3:22cv741, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Admiralty, Government, Tort
J. Kennelly partially grants a hospital system's motion to dismiss a class of medical patients' privacy claims. The class alleges that the hospital system clandestinely sold its members' anonymized medical data to Facebook and Google to use for advertising purposes. The class has failed to allege most of its specific privacy claims, and lacks standing for most of its fraud claims, but its breach of contract and Illinois Eavesdropping Act violation claims may proceed.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: July 24, 2023, Case #: 1:22cv5380, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Fraud, Privacy, Class Action
J. Young grants a tire manufacturing company's motion to dismiss an individual's claim against it for using session replay code technology on its website. The individual alleges the use of this technology breaks Massachusetts privacy laws, but its use of that technology is not specific to Massachusetts, so it is not subject to this court's jurisdiction.
Court: USDC Massachusetts, Judge: Young, Filed On: July 24, 2023, Case #: 1:22cv11820, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Privacy, Jurisdiction, Technology
J. Jolivette Brown grants a request by a passenger on a fishing vessel to split trial proceedings of his personal injury claims against the owners of three vessels, arising from the boat’s collision with a pipe being towed in an inland waterway of coastal waterway. Bifurcation of the limitation and damages phases of the consolidated cases is proper. That way, if the litigant claims in the limitation is denied he can return to state court to seek damages. Separating the issues of liability and damages would expedite and economize the limitation proceeding, which is aimed at determining whether the litigant’s claims were caused by the negligence of the vessels’ owners or the unseaworthiness of the vessels involved.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: July 7, 2023, Case #: 2:22cv4535, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Admiralty, Tort, Damages
J. Thrash grants the company's amended motion to compel arbitration in a putative class action seeking damages for the company's alleged failure to safeguard user accounts and timely respond to user support requests on its cryptocurrency exchange platform. There is no evidence that the individuals did not accept the original terms of their user agreements when they created their accounts, which included arbitration provisions. The arbitration provisions and delegation clauses in the user agreements are not unconscionable.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: July 6, 2023, Case #: 1:22cv3250, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Arbitration, Class Action
J. Haight grants the shipping company's motion to dismiss, ruling that because the negligence claim brought by the owner of the meal boxes damaged during transit is based on the same conduct that makes up its Carmack Amendment claim, it is preempted and must be dismissed.
Court: USDC Connecticut, Judge: Haight, Filed On: July 5, 2023, Case #: 3:22cv383, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Preemption, Negligence, Contract
J. Barbier denies summary judgment to the owners of an offshore supply boat, denying their request to limit liability to $777,000, after its vessel crashed into a stationary oil field platform after the vessel’s pilot fell asleep at the helm while steering toward another oil platform. The company failed to overcome negligence claims after multiple crew members testified that the company failed to enforce its own “fatigue management policy” or monitor shipboard use of “proximity alarms” to alert sleepy or distracted captains. Owners were “put on notice” to the use of proximity alarms after a 2018 incident during which another company captain fell asleep at the wheel of a different vessel in the fleet and crashed into an oilfield platform.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: June 30, 2023, Case #: 2:21cv2371, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Maritime, Tort, Negligence
J. Nagala denies both parties' motions for summary judgment, ruling that interpretative questions regarding the Connecticut Surprise Billing Law must be certified to the Connecticut Supreme Court before any decision in the present dispute can be made. Therefore, the question of how much an insurer must reimburse an emergency services provider and how much it must recover directly from the patient will be certified to the state high court. Once the court has answered that question, this court will be able to resolve whether the emergency services provider violates the billing law when it collects money directly from the patient for fees that result from being an out-of-network provider.
Court: USDC Connecticut, Judge: Nagala, Filed On: June 29, 2023, Case #: 3:21cv1169, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Health Care, Insurance
J. Fallon grants requests by oil and gas corporations and pipeline companies, dismissing claims by 30 lease holders of oyster beds alleging that they introduced “brine,” “produced water” and other pollutants in coastal waters off southeast Louisiana resulting in “significant oyster mortality.” The litigants have “not produced any specific allegations as to any event or action” by any of the energy companies that could result in their being held responsible for damage to the oyster beds. The ruling adapts a magistrate judge’s report that concluded the leaseholders’ pollution claims rely on “plain speculation” that an upward spike in damaging salinity must have been caused by energy activities “without specifying anything more.”
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: June 28, 2023, Case #: 2:22cv1345, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Energy, Environment, Discovery
J. Ramos partially denies the New York Times' motion to dismiss a defamation suit stemming from statements made in an article titled "Trying to Make It Big Online? Getting Signed Isn't Everything," detailing accusations of impropriety against the plaintiff CEO, who manages and counsel's online influencers. The majority of statements listed in the complaint cannot be read to impart a defamatory intent, but the claim may proceed insofar as the article states the CEO intentionally "leaked" an influencer's nude photographs.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: June 21, 2023, Case #: 1:21cv6807, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Communications, Defamation
J. Fallon grants Ernst & Young's motion to disqualify lead counsel for the Federal Deposit Insurance Corp (FDIC), which is suing the accounting firm for professional negligence in connection with the fraud-related collapse of a New Orleans bank that cost the FDIC’s insurance fund nearly $1 billion. Although FDIC lawyers did not act in bad faith when they received volumes of the firm's confidential information from a government-created watchdog investigating the firm's audits of the failed bank, it is impossible for its lawyers to “un-see or forget thousands of pages” of documents that were in its possession for more than 3 years. To ensure that FDIC’s suit continues free of impropriety, disqualification of FDIC counsel from the case is appropriate.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: June 15, 2023, Case #: 2:20cv1259, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Fraud, Accounting Malpractice, Banking / Lending
J. Gallagher denies an electronics company’s motion to dismiss for lack of personal jurisdiction in this lawsuit filed by a religious group over property damage caused by an allegedly defective laptop catching fire. Because this is the second motion to dismiss the company has filed, and it did not object to personal jurisdiction in the first, the motion must be denied.
Court: USDC Eastern District of Pennsylvania, Judge: Gallagher, Filed On: June 14, 2023, Case #: 5:22cv2600, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Property, Damages, Jurisdiction
J. Currault grants a Louisiana power company leave to amend its claims arising from damage to its waterfront facility by breakaway barges on the Mississippi River. The power company established good cause to amend its claims after a litigation deadline, based on discovery responses from owners of vessels, barges and equipment involved in the maritime accident.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: June 8, 2023, Case #: 2:22cv504, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Maritime, Negligence, Discovery