35 results for 'cat:"Fraud" AND cat:"Business Practices"'.
J. Belsome finds that the trial court properly found for a marina owner on his fraud and Unfair Trade Practices Act claims against the credit card processor after the processor could not wirelessly integrate all of the marina's sales with its inventory and accounting system. The marina owner was properly awarded treble damages because the processor took steps to hide the identity of the contracting party, arranged to have his credit card devices placed on the gas pumps without a request or authorization by the marina owner, and misrepresented the credit card system he could deliver. Further, the processor refused to refund the marina owner's money, did not contact the marina owner, and engaged in months of evading service of process. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: May 15, 2024, Case #: 2023-CA-0660, Categories: fraud, business Practices, Contract
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
J. Hunt grants a data analytics company’s motion to dismiss a privacy and fraud suit brought by immigration activists. The activists claim the data analytics company sells private consumer data to law enforcement, government agencies and businesses that places immigrants at heightened risk of stalking, identity theft and law enforcement targeting. However, the court agrees with the company that some of the activists have failed to sufficiently allege their claims, and others lack standing to bring their claims.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: April 8, 2024, Case #: 1:22cv5384, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: fraud, Privacy, business Practices
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J. Schofield partially grants defendants' motion to dismiss claims stemming from its role as a middle-man sourcing a supplier for 100% nitrile gloves during the Covid-19 pandemic. Defendant purportedly conducted a test of the gloves and trusted this supplier, but the buyer's test found that the gloves were a blend and returned the gloves, causing the plaintiff $2 million in losses. The complaint adequately alleges the middle-man committed fraud but this court lacks jurisdiction over non-signatories to the contract.
Court: USDC Southern District of New York, Judge: Schofield, Filed On: March 6, 2024, Case #: 1:23cv3454, NOS: Other Contract - Contract, Categories: fraud, business Practices
J. Liburdi grants a resell homes technology company's motion to dismiss a group of retirement service providers' Exchange Act claims. The technology company, which launched an iBuyers real estate platform, sufficiently showed in court that it has not made misleading statements concerning its algorithm's pricing decisions.
Court: USDC Arizona, Judge: Liburdi, Filed On: February 28, 2024, Case #: 2:22cv1717, NOS: Securities/Commodities/Exchange - Other Suits, Categories: fraud, Securities, business Practices
J. Casper allows the motion for partial summary judgment by a medical devices company against another medical company’s shareholders, which it wishes to hold accountable for the company’s alleged fraudulent transferal of assets, and it seeks to establish that an individual is the company’s alter ego. That person, acting as the company’s alter ego, breached a distributorship agreement and disregarded his non-compete obligations.
Court: USDC Massachusetts, Judge: Casper, Filed On: February 27, 2024, Case #: 1:21cv11644, NOS: Arbitration - Other Suits, Categories: Corporations, fraud, business Practices
J. Coleman grants a pizzeria franchise licensing company’s motion to dismiss counterclaims brought by a former franchisee. The licensing company initially brought suit against the franchisee after it claimed that he violated several elements of the pizzeria franchise agreement, terminating the agreement over the same issues. In response, the franchisee counter-sued for fraud and breach of contract, but the court finds he has not sufficiently alleged these claims.
Court: USDC Northern District of Illinois, Judge: Coleman, Filed On: February 23, 2024, Case #: 1:22cv2396, NOS: Franchise - Contract, Categories: fraud, business Practices, Contract
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. 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
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. 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
J. Bucklo grants the U.S. Consumer Financial Protection Bureau’s motion to dismiss a counterclaim brought against it by a credit reporting agency and one of its top executives. The Bureau sued the agency in April 2022 for allegedly grifting its customers; surreptitiously enrolling them in subscription services that were difficult to cancel. The agency and executive subsequently raised a counterclaim arguing they were due a residual redress payment of over $5 million, as well as a dozen affirmative defenses each. The court finds the counterclaim does not address the issues over which the Bureau is bringing suit, and dismisses all but five of the defendants’ collective 24 affirmative defenses as “legally insufficient or improper.”
Court: USDC Northern District of Illinois, Judge: Bucklo, Filed On: November 9, 2023, Case #: 1:22cv1880, NOS: Other Statutory Actions - Other Suits, Categories: Commerce, fraud, business Practices
J. Cote finds for the defendant business partner in a fraud suit alleging the partner induced the plaintiff partner to invest $225,000 in an import business based in Thailand, then embezzled the money himself. However, there is no evidence that the funds were diverted or used for any purpose other that business expenses. The investor's failure to inspect the inventory is not sufficient to prove the inventory did not exist.
Court: USDC Southern District of New York, Judge: Cote, Filed On: November 7, 2023, Case #: 1:22cv4465, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, business Practices
J. Chang partially grants the sued law firm and former trucking business manager’s motions to dismiss and strike a fraud suit brought by the trucking business manager’s father. The father says his son and the law firm boxed him out of the proceeds he was due from his son selling the business, which he founded, in 2018. The court allows the father’s fraud, breach of fiduciary duty and unjust enrichment claims to stand, but grants the son’s motion to strike his father’s claim for attorney fees.
Court: USDC Northern District of Illinois, Judge: Chang, Filed On: September 30, 2023, Case #: 1:22cv3760, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, business Practices, Attorney Fees
J. Sabraw grants LLC Enterprise's motion to disqualify Stryder Holdings' counsel in a lawsuit over the purchase of a company, Empire Ecommerce, that allegedly had numerous liabilities that were not disclosed prior to the sale. Stryder's counsel must be disqualified from the case due to its prior representation of Empire Ecommerce. The law firm had "a direct and personal relationship" with Empire both during Snyder's operation of Empire and after LLC Enterprise's acquisition of Empire.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: August 24, 2023, Case #: 3:22cv1944, NOS: Other Contract - Contract, Categories: fraud, business Practices, Contract
J. Gilbert partially grants the City of Chicago's motion for a protective order on discovery in this fraud case against a food delivery service. Chicago claims the delivery service failed to abide by a city ordinance requiring it to disclose its commission charges to local restaurants, then illegally passed the increased fees on to consumers when the city placed a cap on how much commission the service could charge restaurants. Chicago is granted a protective order on discovery related to certain affirmative defenses.
Court: USDC Northern District of Illinois, Judge: Gilbert, Filed On: August 23, 2023, Case #: 1:21cv5162, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, business Practices, Discovery
J. Dorsey enters final judgment on claims of negligent misrepresentation in favor of a merchant services provider who retained a payment processing firm that failed to transition to the latest chip authenticator technology as promised. The court bases its decision on the testimony of five witnesses and “voluminous exhibits” proving that the payment processor negligently misrepresented that it would have a software solution by a compliance deadline. Judgment is entered in favor of the payment processor on all other claims, and the merchant services provider is awarded $1 because the processor's action arose from bad business practices rather than an intent to injure or out of conscious disregard.
Court: USDC Nevada, Judge: Dorsey, Filed On: August 11, 2023, Case #: 2:18cv394, NOS: Other Contract - Contract, Categories: fraud, business Practices, Technology
J. Kendall grants the plaintiff auto parts manufacturer's motion to partially dismiss the defendant auto parts manufacturer's patent counterclaims. The plaintiff manufacturer accuses defendant of infringing on its patents for plastic automobile fasteners, and in response defendant filed counterclaims alleging plaintiff's patents are unenforceable. Several of those counterclaims are dismissed, as defendant has failed to state a claim.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: July 24, 2023, Case #: 1:20cv5416, NOS: Patent - Property Rights, Categories: fraud, Patent, business Practices
J. Trotter finds that the lower court properly rendered judgment for common law fraud and awarded benefit-of-the-bargain damages in this case involving "a business deal gone awry." Contrary to the appellants' argument, the evidence sufficiently supports the lower court's finding. The evidence shows that they made false representations "regarding the partnership and its structure." Affirmed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: July 20, 2023, Case #: 11-22-00072-CV, Categories: Evidence, fraud, business Practices
J. Cummings partially dismisses a solar energy customer’s contract and fraud counter-claims against a solar energy company which had previously sued the customer for failure to pay for solar panel installation at their car dealership. The solar panels were never installed after the contract negotiations broke down between the parties, and while the court dismisses the customer’s fraud and unjust enrichment claims, their Illinois Credit Services Organizations Act violation claim stands.
Court: USDC Northern District of Illinois, Judge: Cummings, Filed On: July 17, 2023, Case #: 1:22cv4921, NOS: Negotiable Instrument - Contract, Categories: fraud, business Practices, Contract