398 results for 'cat:"Business Practices"'.
J. Rosenthal finds that a law firm’s claims over a lawyer referral service’s practice of diverting the law firm’s prospective clients toward the referral service by purchasing the law firm’s business name and other business marks on the Google search engine can proceed against the referral service but not against an individual employee of the service. The law firm has not provided sufficient evidence of the employee’s personal involvement. A motion to dismiss the claims against the individual employee is granted without prejudice and the law firm is granted leave to amend its complaint.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: May 6, 2024, Case #: 4:23cv4643, NOS: Trademark - Property Rights, Categories: Tort, Trademark, business Practices
J. Quinn finds that the lower court improperly granted a temporary injunction in this case concerning the operation of two limited partnerships. The injunction at issue did not preserve the last "non-contested status which preceded the pending controversy." Accordingly, the injunction order was an abuse of discretion. Reversed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: May 3, 2024, Case #: 07-23-00314-CV, Categories: Civil Procedure, business Practices
J. Johnson, in this accelerated interlocutory appeal, finds the trial court properly denied USA Today's Texas Citizen’s Participation Act motion to dismiss the defamation claim. The tax service provider alleges a USA Today story falsely accused him of unlawful business practices in an effort to secure tax savings for clients. Record evidence creates a genuine fact issue on whether the publisher accurately reported whether the FBI was investigating the service provider. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: May 2, 2024, Case #: 09-22-00432-CV, Categories: Tax, Defamation, business Practices
J. Dorsey denies the fruit and vegetable supplement manufacturer's motion for a preliminary injunction halting the sale of a company's supplements. The manufacturer accuses the company of copying its trade dress and seeks relief for violations of Nevada common law. Though Nevada has not recognized a common law trade-dress claim or articulated a standard, analysis under the federal Lanham Act reveals little likelihood of success on the claims. The labels are not particularly similar, and selling such supplements as a set and placing a brand name on the top center of a bottle is not unique.
Court: USDC Nevada, Judge: Dorsey , Filed On: May 2, 2024, Case #: 2:23cv2051, NOS: Trademark - Property Rights, Categories: Commerce, Trademark, business Practices
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J. Hunt grants the defendant Chinese e-commerce platform’s motion to dismiss a trademark complaint brought by the plaintiff Chinese fitness equipment manufacturer. The equipment manufacturer owns the trademark for “FitBeast,” displayed on its grip strengtheners, and claims the defendant has helped counterfeiters sell knock-off FitBeast products on its platform. The court finds the plaintiff has not sufficiently alleged these claims.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: April 29, 2024, Case #: 1:23cv2793, NOS: Trademark - Property Rights, Categories: Commerce, Trademark, business Practices
Per curiam, the appellate division finds that the lower court properly awarded Home Depot $1.1 million plus interest in a dispute arising from an escrow account set up in connection with the parties' asset purchase agreement, which allocated $5 million to be used to indemnify Home Depot for non-compliant products. Home Depot is entitled to damages for losses attributable to inventory it acquired in the deal that was subsequently recalled. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: 02256, Categories: Corporations, business Practices, Banking / Lending
J. Stabile finds that the lower court partly improperly sustained the preliminary objections of a mother and CEO of a language services company against her son, the company’s former vice president. The declaratory judgment and minority shareholder oppression causes of action in son’s 2021 complaint are sound in equity and therefore can go forward. Reversed in part.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: April 25, 2024, Case #: J-A24008-23, Categories: Civil Procedure, Property, business Practices
J. Seeger partially grants a lending agency’s motion to dismiss claims by a borrower that it disguised its consumer loans as business loans. The borrower brought three claims over this alleged financial deception; one for violations of the Illinois Interest Act, another for Electronic Funds Transfer Act breaches, and the third for violations of the Illinois Consumer Fraud and Deceptive Business Practices Act. The court dismisses portions of the borrower’s Illinois Consumer Fraud and Deceptive Business Practices Act claim, but allows the rest of the complaint to move forward.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: April 25, 2024, Case #: 1:23cv15452, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, business Practices, Banking / Lending
Per curiam, the appellate division finds that the lower court improperly ordered the defendants to respond to the second set of interrogatories for information identifying any gifts or transfers made to family members since 1998 in this suit seeking a judgment to declare plaintiff the sole owner and stockholder of the family business. This request is overly broad and burdensome, as the only relevant period is for gifts or transfers made in 2012. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 24, 2024, Case #: 02182, Categories: business Practices, Discovery
J. Hardwick finds that the lower court properly found for the defendant grout-maker on antitrust claims alleging that its noncompete agreement with its former president violated the law. In the noncompete agreement, the former president agreed to a 10-year non-competition period because he was caught violating a previous one-year agreement within three months. The extended term was reasonable as part of a settlement agreement to avoid litigation over the president's breach of the first noncompete agreement. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hardwick, Filed On: April 23, 2024, Case #: WD86444, Categories: Antitrust, business Practices
J. Copenhaver grants the insurance carrier’s motion for summary judgment in the property management company's suit seeking declaratory judgment the carrier was obligated to defend it in a counterclaim Union Carbide filed against the company claiming it bore partial responsibility for damage to not only its property, but also the nearby Davis Creek Watershed from the run-off of toxic chemicals. Since the company has failed to not only prove the existence of a policy from 1987 through 2005, but also any of the policy's material terms, the carrier has no duty to defend or indemnify it.
Court: USDC Southern District of West Virginia, Judge: Copenhaver , Filed On: April 23, 2024, Case #: 2:22cv135, NOS: Insurance - Contract, Categories: Insurance, business Practices, Contract
J. Kafker upholds a city board’s decision to uphold a tax assessment of a media company using city signs for its advertisements, which it pays the city to do. The signs are not exempt from taxation because they constitute a for-profit use of the Massachusetts Bay Transit Authority’s property in connection with a business. Affirmed.
Court: Massachusetts Supreme Court, Judge: Kafker, Filed On: April 22, 2024, Case #: SJC-13489, Categories: Municipal Law, Tax, business Practices
J. lyle finds that the lower court properly found for the insurer, ruling it does not have a duty to indemnify the food manufacturer in an underlying detinue and conversion suit alleging it wrongly seized another company's manufacturing equipment and refused to return it. The complaint alleges that this conduct was intentionally and done without legal authority, leaving no possibility it was accidental or negligent. Further, the policy does not provide coverage for the tortious interference claims because these claims do not rely on the manufacturer's alleged disparagement of the company to a rival. Affirmed.
Court: Illinois Appellate Court, Judge: Lyle, Filed On: April 19, 2024, Case #: 221396, Categories: Tort, business Practices, Indemnification
J. Peterson grants a retailer’s motion for preliminary injunction in this contract matter. The retailer is a dealer of Kubota Tractor products. Kubota Tractor wishes to terminate the parties’ dealer agreement, as it finds the retailer is not meeting the requirements of the agreement including sales quotas and advertising requirements. The retailer seeks to keep the agreement in force, arguing the discontinuation of the dealership would mean the potential closure of its stores. The instant court finds the retailer has established it is entitled to a preliminary injunction and thereby grants it.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: April 19, 2024, Case #: 24cv23, NOS: Other Contract - Contract, Categories: business Practices, Contract
J. Cain grants summary judgment to a salvage business on its breach of contract claim against a maritime company that refused to pay its $207,000 bill for the successful recovery of its sunken river barge. The company unsuccessfully argued the fee was excessive, adding it expected its insurer to pay for the barge recovery and would not have allowed the salvage to proceed if it had known its insurer would deny the claim. The failure of the barge owner to pay any portion of the undisputed amount is a breach of the marine contract. A factual dispute remains as to whether the salvage business performed all of the services listed in its invoices and whether the barge owner was overcharged for divers, materials or transport days.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: April 17, 2024, Case #: 2:23cv626, NOS: Other Contract - Contract, Categories: Damages, business Practices, Business Expectancy
J. Scudder finds that the lower court properly found for DISH and DirecTV Network in a race discrimination suit alleging the broadcasters declined to pay for rights to carry two Indianapolis-based TV stations because the majority owner is Black. The broadcasters presented clear, race-neutral reasons for their decisions, and the company falls shorts of demonstrating pretext in these proffered explanations for their business decision. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: April 16, 2024, Case #: 23-1787, Categories: Civil Rights, Communications, business Practices
Upon remand, J. Barbier rules on the Fifth Circuit's question of “who, specifically” directed the closing of Louisiana's Bayou Steel plant and the illegal mass layoff of its 300 employees in 2019, without the 60-day notice required by the federal WARN Act. Black Diamond, the company that owned the private equity fund that acquired Bayou Steel, is not liable for closing the plant or terminating its employees without proper notice, merely for its decision to make additional loans to the financially troubled mill. Three directors Black Diamond installed on Bayou Steel’s board of directors apparently made the “ultimate decision” to shutter the plant once it become clear there would be no additional funding. Furthermore, the laid-off workers acknowledged Black Diamond had no legal obligation to continue lending money to the mill.
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: April 15, 2024, Case #: 2:20cv1476, NOS: Other Labor Litigation - Labor, Categories: Employment, business Practices