379 results for 'nos:"Other Fraud - Torts - Personal Property"'.
J. Carter dismisses the consumer's class action accusing CVS Pharmacy of misleading consumers by claiming that its Advanced Formula Hand Sanitizer kills 99.99% of germs commonly found on human hands, even though common germs such as Norovirus, Cryptosporidium and others are not effectively killed by alcohol-based hand sanitizers. Although the front label of the product is ambiguous, a reasonable consumer would be expected to look at the back label to get more information. Because the back label explains the germs to which the 99.99% claim applies, the consumer has failed to state a claim that the label is false or misleading to a reasonable consumer.
Court: USDC Central District of California, Judge: Carter, Filed On: January 10, 2024, Case #: 8:20cv1979, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. DeSoto partially dismisses securities claims against a founder of a CBD company from an investing company that claimed it was defrauded of approximately $750,000 by being fed false statements in order to entice its investment. While the investing company has shown evidence of loss stemming from its investment, it has not shown how exactly the statements provided to it were false or how the CBD owner misused the investment funds.
Court: USDC Montana, Judge: DeSoto, Filed On: January 9, 2024, Case #: 1:22cv99, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Securities
J. Freeman denies in large part a summary judgment motion against Zazzle, an online marketplace, regarding copyright claims from a creator of fonts of who says the website has been using her fonts without permission. While the creator prevails on a minor claim as to whether the marketplace consented to a series of website service terms for the fonts, the bulk of her summary judgment is denied due to lingering questions and conflicting expert testimony over whether her fonts are valid copyrights.
Court: USDC Northern District of California, Judge: Freeman, Filed On: January 9, 2024, Case #: 5:22cv4844, NOS: Other Fraud - Torts - Personal Property, Categories: Copyright
J. Seeger denies a formerly pro-se debt case litigant’s motion to remand her class action to state court. The litigant, while defending herself against a debt collection agency in state court, used an online service known as SoloSuit to file an answer to the debt collector’s complaint. However, SoloSuit never filed the answer it generated for her, leaving her scrambling to find a lawyer who could file the answer themselves. She then filed a class action against the makers of SoloSuit, who had it removed to federal court. The litigant attempted to have it moved back to state court, arguing her case doesn’t satisfy the federal court’s amount-in-controversy requirement, but the court disagrees. It finds her class action “plausibly alleges a potential recovery of more than $5 million.”
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: January 8, 2024, Case #: 1:23cv2365, NOS: Other Fraud - Torts - Personal Property, Categories: Debt Collection, Jurisdiction, Class Action
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J. Marks dismisses this contract dispute in favor of the real estate company, realtor and property management company from a couple alleging they were given a single termite report upon closing a property sale. The home in question suffered a massive termite infestation and the second termite report was never disclosed to the couple. The couple fails to plead reasonable reliance in their breach of contract, misrepresentation, suppression, deceit and conspiracy claims.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: January 5, 2024, Case #: 1:23cv184, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Property, Real Estate
J. Seibel grants the company's motion to dismiss a consumer fraud class action alleging that its Tide laundry detergent, including Tide 2.72 liter liquid detergent, falsely claims to clean 64 loads of laundry. The term "load" is ambiguous, as consumers might have widely varying conceptions of the size of a load. Further, the produce clarifies this statement on the back of the bottle as meaning 64 "medium" loads. A reasonable consumer would therefore not believe the produce contained enough detergent for 64 full loads of laundry.
Court: USDC Southern District of New York, Judge: Seibel, Filed On: January 2, 2024, Case #: 7:22cv10025, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Dever remands this suit against an insurance company brought by an environmental waste handler for failure of payment after the handler pumped spilled hog waste from a methane gas facility to unused hog barns for two weeks straight. The handler moved the waste for 12 hours a day during it operation, billing the facility over $411,000, which the facility passed on to the insurance company. The insurer argues that the handler is not party to the contract between itself and the facility, and therefore lacks standing. However, this argument prevents the insurance company from carrying its burden to show this matter belongs in federal court.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: December 29, 2023, Case #: 7:23cv1171, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Insurance, Jurisdiction
J. Ramos grants the juice maker's motion to dismiss a consumer action alleging that its pomegranate juice product, POM Wonderful, misleads consumers because it claims to have "all natural" ingredients but contains synthetic chemicals. The consumer cannot show that any bottles of the product the consumer specifically purchased was adulterated with harmful per- and polyfluoroalkyl substances. Although the consumer tested the product, it was not the particular bottle she consumed.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: December 29, 2023, Case #: 1:23cv1242, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Cole denies the parties' motion to approve a class action settlement, ruling that while the class of customers who purchased bedsheets from Macy's based on inflated thread counts meets all commonality and typicality requirements, the "cy pres" award of leftover settlement funds to a nonprofit consumer advocacy organization that focuses primarily on climate change issues - not textile goods or misleading labels - makes the settlement unlawful because it does not benefit the class members in any way.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: December 20, 2023, Case #: 1:17cv754, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Settlements, Class Action
J. Fitzgerald denies in part Porsche's motion to dismiss a consumer's Song-Beverly Consumer Warranty Act claims. The consumer alleges that in the 2021 Taycan he leased, Apple CarPlay does not work consistently, the heat does not work, and the SmartLift system does not consistently work, resulting in the car scraping the ground. The consumer sufficiently pleaded that the car has a defect, that he repeatedly sought repairs and that he has statutory standing to bring his claims.
Court: USDC Central District of California, Judge: Fitzgerald, Filed On: December 19, 2023, Case #: 2:23cv6465, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Vehicle, Warranty
J. Corley allows some unjust enrichment claims to proceed against GreenSky, a loan broker, from borrowers who say the company hides certain lending and merchant fees. While claims that the broker's fee practices violated the California Financial Code are tossed for lack of standing, it is plausible they violated the Credit Services Act of 1984 and the borrowers have made a reasonable claim for damages.
Court: USDC Northern District of California, Judge: Corley, Filed On: December 15, 2023, Case #: 3:20cv1693, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Banking / Lending
J. Fouratt denies the doctor and his corporation's motion to dismiss, ruling the former employee's piercing the corporate veil claim is not barred by issue preclusion. The state court action for damages related to sexual harassment did not deal with the merits of the claims, but instead dismissed them on jurisdictional grounds after a judgment had been entered in the employee's favor.
Court: USDC New Mexico, Judge: Fouratt, Filed On: December 14, 2023, Case #: 2:23cv378, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, Corporations, Fraud
J. Gardephe finds for the auction house in a dispute over rights to a dress worn by Judy Garland in The Wizard of Oz which the auction house seeks to sell on behalf of the Catholic University of America after it was discovered among the belongings of a now-deceased priest and drama professor. The priest's closest living family member may not assert claims on behalf of his estate because she is not the estate's personal representative. In addition, the priest observed vows of poverty throughout his teaching career, and so it was reasonable for the estate's representative to represent in probate court that the priest had no assets.
Court: USDC Southern District of New York, Judge: Gardephe, Filed On: December 11, 2023, Case #: 1:22cv3571, NOS: Other Fraud - Torts - Personal Property, Categories: Wills / Probate
J. Freeman grants in part class certification in a privacy dispute with Google in which consumers say they were recorded without permission by Google Assistant devices. While certification on some of the privacy claims is denied due to a lack of "defined harms" on the record, certification is approved on the contract claims for consumers who purchased certain Google-made devices, such as the Google Home and Google Nest Hub.
Court: USDC Northern District of California, Judge: Freeman, Filed On: December 11, 2023, Case #: 5:19cv4286, NOS: Other Fraud - Torts - Personal Property, Categories: Privacy, Class Action, Contract
J. Bell grants a trophy manufacturer’s motion to dismiss allegations of fraud brought by a company that designs and contracts awards for organizations such as the Golden Globes. The company incorrectly argues that because the Illinois-based manufacturer has had three North Carolina customers, it should be subject to general personal jurisdiction. This is not enough to constitute a systematic campaign to do business in North Carolina. The company’s argument of specific personal jurisdiction also fails because the manufacturer has never targeted potential customers from North Carolina with its online content.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: December 11, 2023, Case #: 3:23cv351, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Trade, Jurisdiction
J. Hurd dismisses a putative class action consumer fraud and false advertising lawsuit against Tom’s of Maine, finding the claims fail to allege a reasonable consumer would be led to believe, based on its packaging, that its antiplaque and whitening toothpaste product helps prevent periodontal diseases like gingivitis.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: December 8, 2023, Case #: 6:23cv110, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Class Action, False Advertising