400 results for 'cat:"Business Practices"'.
J. Sánchez grants a father’s motion for summary judgment against his son in this shareholder action concerning the family business, an air fragrance supplier. The father is a minority shareholder and the son is a majority shareholder who acted fraudulently and oppressively toward his father as the minority shareholder, abused his authority, and mismanaged the operations of the company.
Court: USDC Eastern District of Pennsylvania, Judge: Sánchez, Filed On: February 14, 2024, Case #: 2:21cv3984, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Fraud, business Practices, Contract
J. Biggs denies summary judgment regarding class certification to a disability support service following allegations it failed to pay its staff minimum wage for all hours worked and overtime. The service moved for decertification of the class, but because it was previously decided that federal certification remains conditional and that, at this time, the class is sufficiently meeting the conditions, the service’s motion for summary judgment is moot.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: February 13, 2024, Case #: 1:21cv506, NOS: Fair Labor Standards Act - Labor, Categories: business Practices, Class Action, Labor
J. Saylor grants in part a Dutch multinational corporation’s motion to dismiss claims brought against it by a business that makes medical equipment for federal agencies, which allegedly terminated a contract with the Dutch company in retaliation for repeatedly raising concerns related to government product certification. Wrongful termination applies, as a theory of liability, to employees but it not to commercial entities.
Court: USDC Massachusetts, Judge: Saylor, Filed On: February 12, 2024, Case #: 1:23cv11025, NOS: Other Contract - Contract, Categories: Health Care, business Practices, Contract
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J. Cogburn denies a foreign wine importer’s motion for summary judgment after its exclusive wholesale distributor in North Carolina sued the importer following its abrupt contract cancellation. The importer argues that it is not a “winery” and, therefore, not subject to the state’s wine distribution laws. However, whether it is a winery or not is a decision for the state to make, and the suit is stayed until this can be determined.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: February 12, 2024, Case #: 1:22cv203, NOS: Other Contract - Contract, Categories: Trade, business Practices, Contract
J. Reidinger dismisses a RICO claim against a car dealership brought by a customer who claims it sold him a lemon, and that one affiliated individual is a member of Fruit of Islam, which the customer asserts is a hate group. The customer fails to demonstrate any pattern of criminal behavior on the part of the dealership or individual, but may amend his complaint.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 8, 2024, Case #: 1:24cv39, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Vehicle, business Practices, Racketeering
J. Goodwin grants in part a Charleston attorney's motion for attorneys fees in the breach of contract suit two other attorneys filed claiming he unjustly enriched himself in filing civil actions for former students of the Miracle Meadows School, a now-shuttered Seventh Day Adventist boarding school in Harrison County, after working jointly with them to file the first 29 suits that ultimately resulted in a $100 million settlement. Since the two attorneys recognized their claim lacked merit due to the absence of a joint venture agreement in the latter cases and voluntarily dismissed the complaint, and the one attorney failed to file for sanctions, he is entitled to an award of attorneys fees as they relate to responding to the two other attorneys' motion to disqualify the Bailey and Glasser law firm and the omnibus renewed motion to file documents under seal. The court holds in abeyance determining the amount until detailed bills are submitted, which are to be provided within 10 days.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: February 5, 2024, Case #: 2:22cv604, NOS: Other Contract - Contract, Categories: business Practices, Attorney Fees, Contract
J. Kleeh denies the former employee's motion to amend her wrongful discharge complaint against the window and door manufacturer in her suit claiming the company violated the West Virginia Pregnant Worker's Fairness Act when they terminated her employment two days after she requested another day off to be with her infant son. The employee's motion is "futile" since it is "devoid of any constitutional precept, statute, regulation, or judicial decision" that would bolster the plausibility of her claim the company violated the PWFA when it terminated her employment.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: February 1, 2024, Case #: 1:23cv30, NOS: Employment - Civil Rights, Categories: Employment, business Practices, Employment Discrimination
J. Swain dismisses the contract and unfair business practices claims brought against a battery manufacturer by a man who sold his lithium-ion technology business to the manufacturer, then was brought on to oversee it as an employee. He says his division was underserved and poorly integrated, and that he was pressured to resign, then not paid an acceleration payment or severance pay and other things allegedly guaranteed by his employment agreement. Because his resignation was not evidently “mutually agreed” upon, per the contract, he is not entitled to relief.
Court: USDC Southern District of New York, Judge: Swain, Filed On: January 31, 2024, Case #: 1:22cv1893, NOS: Other Contract - Contract, Categories: Employment, business Practices, Contract
J. Wood denies a Chinese e-commerce platform Wanfan’s motion to dismiss an underlying trademark suit brought against it by an Australian toy company. The Australian company claims in the underlying suit that the Chinese platform sold multicolored cubes, infringing the Australian company’s own trademarked, multicolored cube toys. Wanfan calls the suit “frivolous” and seeks dismissal based on lack of personal jurisdiction, improper venue and insufficient service of process. The court disagrees on all fronts, finding Wanfan was properly served, that it has no basis to argue over venue, and that the Australian company “has had sufficient contacts with the United States to support personal jurisdiction over [the Chinese platform’s] federal claims.”
Court: USDC Northern District of Illinois, Judge: Wood, Filed On: January 29, 2024, Case #: 1:23cv2330, NOS: Trademark - Property Rights, Categories: International Law, Trademark, business Practices
J. Chen trims a consumer’s class action lawsuit and preserves a single claim for deceptive business practices under Massachusetts state law against Laundromax, a nation wide chain of laundromats. She claims the chain sells laundry cards for use in their laundry mats which cannot be used when the balance gets too low, nor can the balance be refunded, a system that she claims functions as a hidden fee not disclosed to customers. She plausibly alleges under a theory of unfairness that the company designed its price structure to prevent card balances from ever reaching zero, resulting in millions of dollars in revenue to which it was not entitled.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: January 29, 2024, Case #: 1:22cv1750, NOS: Truth in Lending - Torts - Personal Property, Categories: Consumer Law, business Practices, Class Action
J. Pitman partially grants a motion to dismiss crossclaims brought by the CEO of an e-commerce liquor company after he was countersued by a former employee who asserted ownership claims over the company and was previously sued for copyright infringement. A fraud counterclaim by the former employee should be dismissed because she has failed to include “vital” information about when she learned she would not have a significant stake in the company — but she may amend her complaint to add this information, and her other claims can proceed.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: January 29, 2024, Case #: 1:22cv467, NOS: Copyrights - Property Rights, Categories: Copyright, Fraud, business Practices
[Consolidated.] J. Nardini finds that the district court properly dismissed class claims contending hospitals paid kickbacks to vendors concerning fees charged to patients seeking copies of medical records. No right of private action exists for unjust enrichment under public health law that requires per-page charges, and the same applies to allegations that the fee structure was deceptive under New York general business law. Affirmed.
Court: 2nd Circuit, Judge: Nardini, Filed On: January 29, 2024, Case #: 22-2928, Categories: Health Care, business Practices, Class Action
J. Hunt partially grants the defendant daycare operator’s motion for summary judgment on multiple contract breach, fraud and misrepresentation claims brought by an Iranian investor. The investor hoped to use his investments into the defendants’ prospective childcare franchises to become a permanent U.S. resident, and sued for multiple counts after the franchises fell apart. The court denies the operator’s motion for summary judgment on the investor’s breach of contract and and partially denies the motion as to his fraudulent misrepresentation claims, but grants the motion as to the investor’s negligent misrepresentation claims, his Franchise Disclosure Act claims, and his requests for declaratory judgment and injunctive relief.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: January 29, 2024, Case #: 1:19cv3402, NOS: Franchise - Contract, Categories: Fraud, business Practices, Contract
J. Guirola transfers an oil and gas company's breach of contract claims to the Southern District of Texas, Corpus Christi Division. The dispute involves property located in Texas, and the alleged breach of contract occurred there, not Mississippi.
Court: USDC Southern District of Mississippi , Judge: Guirola, Filed On: January 25, 2024, Case #: 1:22cv248, NOS: Other Contract - Contract, Categories: Venue, business Practices, Contract
[Consolidated.] J. Pallmeyer declines to dismiss multiple TikTok users’ privacy claims against the social media company on the basis of a prior $92 million class settlement in this multidistrict case. The users claim TikTok’s in-app browser illegally and clandestinely harvested their personal and biometric data, and the court finds their claims are similar, but not identical, to claims raised in the initial multidistrict litigation. The court will thus, for now, allow the users’ claims to go forward “on behalf of former settlement class members that arise from conduct related to the in-app browser predating the settlement’s effective date.”
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: January 25, 2024, Case #: 1:20cv4699, NOS: Other Statutory Actions - Other Suits, Categories: Privacy, business Practices, Class Action
J. Rowland partially grants an Illinois city’s motion to dismiss a local bar’s due process and equal protection claims. The city temporarily suspended the bar’s liquor license after a “criminal incident” took place outside it in 2021, but the parties reached a settlement that allowed the bar to stay open. A second incident resulted in another suspension in 2022, but after that incident the bar’s Black owners called into questions the city’s racial biases, given that other non-Black owned bars in town had faced less stringent settlement agreements to address criminal activity. The bar’s owners subsequently brought due process and equal protection claims at the state and federal level. The court now dismisses the due process claims, but allows the equal protection claims to stand.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: January 17, 2024, Case #: 1:23cv728, NOS: Other Statutory Actions - Other Suits, Categories: Constitution, Equal Protection, business Practices