400 results for 'cat:"Business Practices"'.
J. Copenhaver grants the financial services company's motion for summary judgment in the homeowner's petition to quiet title over a reverse mortgage he signed personally, and as attorney-in-fact of his mother in 2017, finding since the homeowner knew what he was signing, he cannot effectuate his right of rescission without tendering the loan proceeds, plus the current value of the home, to the lender. The court sets for trial the remaining issue of the lender's dispute on the timeliness of the homeowner's rescission notices.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: January 17, 2024, Case #: 2:17cv3857, NOS: Other Contract - Contract, Categories: Housing, business Practices, Banking / Lending
J. Cole partially grants the plaintiff financial services company’s motion to compel the defendant credit union to produce five categories of documents. This case concerns the financial services company’s “M1” logo and whether the credit union’s “M1st” logo is in breach of trademark. The services company wants access to the credit union’s merit marketing materials, brand guidelines, third-party mark use agreements, 2003 charter amendments and materials from prior litigation. The court orders the credit union to produce specific documents from these categories, but also orders the financial services company to clarify its demands regarding other documents.
Court: USDC Northern District of Illinois, Judge: Cole, Filed On: January 17, 2024, Case #: 1:22cv1162, NOS: Trademark - Property Rights, Categories: Trademark, business Practices, Discovery
J. Cogburn grants partial summary judgment to a group of former members of a golf club as far as liability of the club to reimburse resigned members their invested equity shares after confirming new members to replace them. The group discovered that the club was not repaying resigned members’ investments when new members joined. The club argues that when partial members became full members, this did not constitute admission of a new member. But, as the only members required to invest equity are full members, the club’s reading of the policy is unreasonable.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: January 17, 2024, Case #: 1:21cv333, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Enforcement Of Judgments, business Practices, Contract
J. Whitney partially grants a shoe manufacturer’s motion to dismiss allegations of breach of contract, bad faith and fraud brought by a competitor. This ruling takes into consideration prior litigation, specifically a protective order, which the manufacturer now accuses the competitor of breaching. However, neither this claim, nor the bad faith and fraud allegations, are sufficient to proceed.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: January 16, 2024, Case #: 3:23cv167, NOS: Other Contract - Contract, Categories: Fraud, business Practices, Contract
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J. Ripple finds that the lower court improperly rejected the trade group's tortious interference claims alleging the unlawful manipulation of the price of ethanol because the Nebraska Supreme Court has not explicitly adopted the trade group's theory of damages. A district court is not required to choose the most restrictive interpretation of state law, even if the evidence indicates the state court would choose a less restrictive alternative. If the trade group amends its complaint, the lower court should reexamine its determination of the content of Nebraska law. Vacated.
Court: 7th Circuit, Judge: Ripple, Filed On: January 12, 2024, Case #: 23-1185, Categories: Tort, Choice Of Law, business Practices
J. Levy allows in part a veterinary product provider’s motion to dismiss claims brought against it in a class action brought by pet owners. They say the product provider coerced veterinary clinics to pay artificially inflated prices for its products through business practices that pushed out its competition, including steep penalties for clinics that try to end contracts with it. The pet owners lack antitrust standing to challenge the prices of the provider’s products because they buy veterinary services from the clinics who buy the provider’s products, but they do not buy the products themselves.
Court: USDC Maine, Judge: Levy, Filed On: January 8, 2024, Case #: 2:22cv392, NOS: Antitrust - Other Suits, Categories: Antitrust, business Practices, Class Action
J. Bucklo grants the sued industrial equipment manufacturer’s motion for summary judgment on the suing auto part manufacturer’s warranty claim against it, and also grants its motions to exclude expert testimony and to strike an affidavit from the auto part manufacturer’s CEO. The auto part manufacturer claims it bought machinery from the defendant meant to automate cutting sheet metal, but that the equipment proved faulty and failed after its manufacturer ignored the issues for over a year and a half. However, the court finds that the plaintiff’s warranty claim is insufficient as it “offered no admissible evidence to establish its damages.”
Court: USDC Northern District of Illinois, Judge: Bucklo, Filed On: January 5, 2024, Case #: 1:21cv1996, NOS: Other Contract - Contract, Categories: business Practices, Warranty, Contract
J. Dever denies a business owner’s motion to dismiss copyright infringement claims in this sprawling suit initially brought by a marketing and entertainment software developer and its subsidiary against 33 named business entities and 55 unnamed entities. The developer claims most of these entities infringe on its copyrighted software systems called Phantom Software and Phoenix Gold in physical locations, websites and mobile apps. Presently, the developer alleges one such business entity and its owner are infringing. The business owner and his firm move to dismiss, but because the business is a corporation and the owner appears pro se, he cannot proceed because corporations can only proceed in federal court using licensed counsel. Also, the developer is correct in asserting its claims against the owner because he is a Phantom Software distributor and, therefore, is harming the developer by distributing and operating the infringing software.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: December 29, 2023, Case #: 5:23cv136, NOS: Copyrights - Property Rights, Categories: Copyright, business Practices, Technology
J. Whitney denies a nails business’s motion to stay litigation following allegations of patent infringement brought by a pedicure spa chair company. The company claims the nails business contributed to patent infringement when it purchased a particular chair model from a third party in Texas, which it sued five months previous to the current suit for similar reasons. The nails business agreed to be bound by the final outcome of the Texas case, not “any outcome,” as it argues here. Because the Texas case has not resolved and to the similarity of the cases, it is inappropriate to grant a stay.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: December 20, 2023, Case #: 3:23cv533, NOS: Patent - Property Rights, Categories: Corporations, Patent, business Practices
J. Donohue finds that the lower court improperly dismissed a group of Pennsylvania casino owners complaint against the Pennsylvania Department of Revenue alleging that lottery games offered online “impermissibly simulate slot machines,” thereby infringing on the casino owners’ share of the online market in violation of state law. To determine whether the online lottery game violates the state prohibition against simulating a slot machine will require a subjective assessment of the game’s appearance and effect when in play. Vacated.
Court: Pennsylvania Supreme Court, Judge: Donohue, Filed On: December 19, 2023, Case #: J-18-2023, Categories: Civil Procedure, Government, business Practices
J. Cook partly grants soda wholesalers’ motion for a writ of mandamus to vacate orders granting motions in limine that would exclude evidence regarding the original soda company’s competitive privilege and enforcement program that enforces the prohibition of bottlers selling in non-approved territories and importing from larger out-of-state wholesalers.
Court: Alabama Supreme Court, Judge: Cook , Filed On: December 15, 2023, Case #: SC-2022-0881, Categories: Trade, business Practices, Contract
J. Rufe grants a loan advancer’s motion to compel arbitration and dismiss this complaint wherein a company says the advancer wrongfully recorded a financing statement for the company, created fraudulent loan documents for it, and unlawfully froze some of its receivables. The parties are bound by an arbitration agreement.
Court: USDC Eastern District of Pennsylvania, Judge: Rufe, Filed On: December 15, 2023, Case #: 2:22cv3249, NOS: Other Contract - Contract, Categories: Arbitration, business Practices, Contract
J. Bryan finds the lower court improperly ruled when holding a factoring company in contempt of court for not complying with a subpoena, as the discovery did not meet foreign state requirements of North Carolina, where the company is based, instead of Alabama. Reversed.
Court: Alabama Supreme Court, Judge: Bryan, Filed On: December 15, 2023, Case #: SC-2023-0027, Categories: business Practices, Discovery, Contract
J. Pulliam denies a produce company’s motion to dismiss a suit for failure to state a claim after it was sued by a competitor alleging that the produce company was using its trademarked package design — namely, a “two-piece plastic container consisting of a solid yellow opaque base or lid with a clear transparent dome.” The produce company argues that “consumer confusion is implausible” because of differences in packaging, but it is “similarities between the packaging, not differences, [that] cause customer confusion.”
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: December 14, 2023, Case #: 5:23cv445, NOS: Trademark - Property Rights, Categories: Tort, Trademark, business Practices