6 results for 'casenum:"1:23cv117 "'.
J. Fleming grants the individual defendants' motion to dismiss, ruling the complaint makes no allegations that any of them engaged in the creation of a video about the property owner that claims he is corrupt, bankrupt and abuses government welfare programs. However, the investment company's motion for judgment on the pleadings is denied because it failed to precisely indicate when it published the video on YouTube and, therefore, cannot prove the lawsuit was filed outside the one-year statute of limitations for defamation claims.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: July 24, 2024, Case #: 1:23cv117, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Civil Procedure, Defamation, Emotional Distress
J. Kobayashi grants summary judgment to Liberty Mutual for a settlement agreement stemming from an insurance contract dispute where a contractor refused to indemnify the insurance company for losses involving a subcontractor. The settlement agreement is not void, as the contractor claims as Liberty Mutual has met the burden to establish it did not properly investigate the original claims and that it was ���willfully blind��� to work conducted outside of the contract.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: July 15, 2024, Case #: 1:23cv117, NOS: Other Contract - Contract, Categories: Insurance, Settlements, Contract
J. Kobayashi partially dismisses the insurance company���s counterclaims in an underlying action involving a construction project at a correctional facility completed by the developer. The developer does not show with any specificity that it would not have entered into a settlement agreement in the underlying case, had it received final drawings of the project during discovery.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 1, 2024, Case #: 1:23cv117, NOS: Other Contract - Contract, Categories: Settlements, Discovery, Contract
J. Grosjean recommends granting default judgment and awarding $515,000 to a finance company on its fraud and contract action against an individual. The individual failed to respond to the motion or make an appearance, and the company sufficiently alleges its claims.
Court: USDC Eastern District of California, Judge: Grosjean, Filed On: January 19, 2024, Case #: 1:23cv117 , NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Banking / Lending, Contract
J. Cole denies, in part, the chemical solvent company's partial motion to dismiss, ruling that at this stage of the litigation, its agreement with the Chinese distribution company is a valid contract. Allegations in the complaint support the distribution company's claim that certificates of exclusivity, which do not include all terms of the agreement, are merely evidence of a contract and not the contract itself. Additionally, Ohio law requires a distributor to use its best efforts to promote the sale of a company's goods in an exclusivity agreement, which, in itself, qualifies as a consideration for the solvent company and renders the contract valid.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: December 19, 2023, Case #: 1:23cv117, NOS: Other Contract - Contract, Categories: Fraud, Contract
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J. Kobayashi partially dismisses the tech company���s counterclaim against the insurance company for refusing to produce documents during discovery of an underlying construction dispute. The tech company did not allege with enough specificity how the insurance company committed fraud by denying it access to final diagrams when the parties were settling on the underlying case. The tech company may file an amended counterclaim.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: November 14, 2023, Case #: 1:23cv117, NOS: Other Contract - Contract, Categories: Fraud, Insurance, Discovery