69 results for 'cat:"Fraud" AND cat:"Jurisdiction"'.
J. Simmons grants PharmaCare Laboratories' motion to dismiss the consumers' false representation claims concerning its black elderberry products. PharmaCare Laboratories is an Australian company with its principal place of business in Austria. Its has provided evidence that the other defendant in the case, PharmaCare U.S., is responsible for manufacturing and selling the black elderberry products in California. Therefore, the court lacks jurisdiction over PharmaCare Laboratories.
Court: USDC Southern District of California, Judge: Simmons, Filed On: May 10, 2024, Case #: 3:23cv1318, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Consumer Law, jurisdiction
J. Brennan denies, in part, the Canadian citizens' motion to dismiss, ruling that while they do not reside in Ohio, the real estate they own in the state gives this court jurisdiction over claims regarding the title of those properties under the Ohio long-arm statute. However, because tax issues in New Jersey and New York are entirely unrelated to any properties or business conducted in the state of Ohio, this court lacks jurisdiction over those claims, which will be dismissed.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: May 9, 2024, Case #: 1:20cv2744, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Real Estate, jurisdiction
J. Sykes dismisses the subscribers' complaint that the company violated California's Automatic Renewal Law by not providing adequate notice of its OnlyFans' automatic subscription renewal policy or appropriate subscription cancellations options. This court lacks personal jurisdiction over this case because even though a significant number of California residents visited and bought subscriptions through the company's website, it is not enough to claim that the company is subject to California jurisdiction because it is not based in the state.
Court: USDC Central District of California, Judge: Sykes, Filed On: May 2, 2024, Case #: 5:22cv2164, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, jurisdiction, Class Action
J. Choudhury tosses a class action brought by a self-representing litigant claiming several entities orchestrated a scheme to bankrupt and ultimately close an all-girls Catholic high school in Long Island, as well as other schools throughout the country. His claims do not concern federal law or establish diversity jurisdiction. Most notably, the court rules a pro se litigant cannot serve as class representative and class counsel at the same time, as that would unfairly prejudice the class members.
Court: USDC Eastern District of New York, Judge: Choudhury, Filed On: April 23, 2024, Case #: 2:24cv2636, NOS: Truth in Lending - Torts - Personal Property, Categories: fraud, jurisdiction, Class Action
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J. Flanagan grants a community college’s motion to dismiss allegations of fraud and Fifth Amendment violations brought by a barber academy. The academy’s owner claims the college pressured him to give up his barbering license after it was suspended because the college could not get a barber school license without owning a barber school, and the owner did own one. Then, someone from the college allegedly sent the college’s board a fraudulent application, falsely claiming that the college owned the barber school on the owner’s property. However, the claims against individuals these for actions, all apparently committed before 2014, are time-barred. Claims against the college and board are dismissed for lack of subject matter jurisdiction.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: April 19, 2024, Case #: 4:23cv80, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, fraud, jurisdiction
J. Miller finds that the lower court properly denied the insurer's motion to dismiss fraud claims based on its alleged sale of an unlawful workers' compensation insurance program based on a forum-selection clause. The forum selection clause of an illegal insurance policy is not enforceable, and New York companies cannot be forced to litigate in Nebraska to vindicate their rights. Affirmed.
Court: New York Appellate Divisions, Judge: Miller, Filed On: April 17, 2024, Case #: 02032, Categories: fraud, Insurance, jurisdiction
J. Snyder denies a company's motion to dismiss a business founder's allegations that after acquiring his business, the company violated the put agreement by failing to pay his retention bonus or fund the purchase of his remaining shares. Diversity jurisdiction has been established. The founder has sufficiently alleged his promissory fraud claim. The put agreement does not waive the founder's right to a jury trial. A stay is not warranted, as the arbitration proceedings are limited to employment agreement disputes, while this matter is regarding a put agreement dispute.
Court: USDC Central District of California, Judge: Snyder, Filed On: April 15, 2024, Case #: 2:23cv9055, NOS: Other Contract - Contract, Categories: fraud, jurisdiction, Contract
J. Devers dismisses a motorcycle dealer as a party to this suit and affirms the other parties’ claim that the dealer was fraudulently added. A couple bought a motorcycle elsewhere and noticed it was leaking oil, then took it to the dealer for repair. After a successful repair, the couple crashed when part of the braking system failed, killing the wife and causing serious injury to the husband. The other parties argue the husband and his wife’s executrix added the dealer to foil diversity jurisdiction because they could not claim negligence against the dealer. They then tried to remand the suit, but as they are found to have fraudulently added the dealer, and because diversity jurisdiction still exists, the dealer is dismissed and the motion to remand is denied.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 15, 2024, Case #: 5:23cv591, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: fraud, Product Liability, jurisdiction
J. Swiney finds the lower court improperly dismissed this matter concerning damages on grounds that it lacked subject matter jurisdiction. Shareholders of a boating company sued a dealership for intentional misrepresentation, fraudulent concealment and promissory fraud, and a jury awarded them $900,000 in damages. The dealership argues the shareholders lack standing as they are not the owners of the real property, rather the boating company is. The instant court finds that the issues of subject matter jurisdiction and standing were not raised by the dealership until a hearing for post-trial motions, therefore they are waived. Reversed.
Court: Tennessee Court of Appeals, Judge: Swiney, Filed On: April 12, 2024, Case #: E2023-00324-COA-R3-CV, Categories: fraud, Damages, jurisdiction
J. Dorsey denies the Russian car dealer's motion for a preliminary injunction seeking to have his bank account unfrozen. The dealer's appearance at a dealer show was canceled, his cars were transferred to California and his bank account was frozen after the company stopped manufacturing cars when Russia invaded Ukraine. The dealer does not satisfy any standard for injunction. His motion just states the company president's reasons for freezing the account are false, says the account should not have been frozen, and states without evidence the president's actions have damaged the company.
Court: USDC Nevada, Judge: Dorsey , Filed On: April 11, 2024, Case #: 2:22cv1774, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, jurisdiction, Contract
J. Vratil rules a pet food equipment company may pursue unjust enrichment claims against commercial food byproducts company. The pet food equipment company sufficiently alleged that the commercial byproducts company overcharged it for goods and services, and "kept its descriptions vague" in order to mark up its profit margin.
Court: USDC Kansas, Judge: Vratil, Filed On: March 18, 2024, Case #: 2:23cv2575, NOS: Other Contract - Contract, Categories: fraud, jurisdiction, Contract
J. Griesbach grants one motion to dismiss and denies another in the Wisconsin-based firm's lawsuit against the Florida-based financial services company, the Nevada-based corporation and others alleging a conspiracy to get the firm to make a $1 million loan to the corporation using fraudulent carbon credits as leverage to secure the loan. It has not been established that the Florida-based company has sufficient contact with Wisconsin to establish personal jurisdiction, so it and its representatives are dismissed. Jurisdiction will be exercised over a Michigan-based consulting services company, and the sufficiently pleaded claims against it and its representatives will proceed.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: March 15, 2024, Case #: 2:23cv717, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: fraud, jurisdiction, Racketeering
[Consolidated.] J. Jacobs finds that the district court properly held that dismissal of federal class investment fraud claims did not require exercising supplemental jurisdiction over analogous state class claims, as the existence of subject-matter jurisdiction did not require invoking such, especially when the request was time-barred. Affirmed.
Court: 2nd Circuit, Judge: Jacobs, Filed On: March 13, 2024, Case #: 21-2603-cv (L), Categories: Civil Procedure, fraud, jurisdiction
J. Schopler dismisses a corporate fraud complaint brought by two business owners who say that the subsidiary with which they contracted has failed to pay them money owed and has participated in a scheme with its parent company to hide the money necessary to pay them. The two business owners fail to plead each defendant's role in the alleged fraudulent scheme, the assets that were transferred between subsidiary and the parent company, and the timing of these alleged fraudulent activities.
Court: USDC Southern District of California, Judge: Schopler, Filed On: March 8, 2024, Case #: 3:23cv158, NOS: Other Fraud - Torts - Personal Property, Categories: Corporations, fraud, jurisdiction
J. Liman partially denies the Louisiana law firm's motion to dismiss breach of contract claims stemming from its role in persuading the buyer to sign an escrow agreement for the purchase of $1 million in medical gowns. The buyer sent the initial $113,000 payment, but never received any gowns and the firm never returned the money. The firm is subject to jurisdiction in New York based on its communications into New York with the purpose of completing the transaction.
Court: USDC Southern District of New York, Judge: Liman, Filed On: March 4, 2024, Case #: 1:22cv9586, NOS: Other Contract - Contract, Categories: fraud, jurisdiction, Contract
J. Farbiarz transfers claims contending a horse trainer and his associates gave race horses performance-enhancing drugs at the Kentucky Derby, costing bettors winnings. The horses allegedly had been "doped" in the western district of Kentucky, and none of the associates reside in New Jersey. Meanwhile, an appellate court could call into question any judgment entered in the case for lack of personal jurisdiction in New Jersey.
Court: USDC New Jersey, Judge: Farbiarz , Filed On: February 20, 2024, Case #: 2:21cv14112, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: fraud, jurisdiction
J. Walker grants in part the motion to dismiss filed by an employer and its membership interest holders — one individual and one company — against a class action brought by a former employee alleging wage violations, fraud and unjust enrichment. Despite her membership interests, the individual membership interest holder is not an employer of the employee and did not have significant control over the employer’s day-to-day operations, whereas the company membership interest holder has more control over the day-to-day operations of the employer.
Court: USDC Maine, Judge: Walker, Filed On: February 7, 2024, Case #: 2:22cv425, NOS: Fair Labor Standards Act - Labor, Categories: Employment, fraud, jurisdiction
J. Russell grants the Texas residents' dismissal motions in this case concerning an individual's estate based on a lack of personal jurisdiction. The complaint alleges that an attorney and his wife, along with a paid caretaker, "engaged in a conspiracy to siphon money" from the individual, who is 91 years old and suffering from Alzheimer's. However, the "focal point of defendants' alleged actions was Texas."
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: February 6, 2024, Case #: 5:23cv499, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Conversion, jurisdiction
[Consolidated.] J. Freudenberg finds the Nebraska Supreme Court lacks jurisdiction over the county court's dismissal of this business dispute. The partner in the home healthcare business filed suit against the other partner alleging fraud, corporate waste, embezzlement and threatening behavior toward employees. No claims appealed here were adjudicated by the court's order, which involved enforcement of one partner's vote expelling the other as a member of the LLC. The court did not enter judgment and did not make a determination that there was no just reason to delay appellate review of its decision abating and dismissing the complaint.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: February 2, 2024, Case #: S-23-157, Categories: fraud, Due Process, jurisdiction
J. Gordon denies the signature canvassers' motion to dismiss the fraud claims. The public education advocacy group says it was defrauded out of more than $2.2 million in a failed signature gathering effort supporting a ballot initiative. The assignee of the advocacy group says the canvassers did not obtain valid signatures at the claimed rate. The canvassers' contacts with the forum were not random, fortuitous, attenuated, or based solely on the advocacy group's location. The claims are assignable, arising out of the canvassers' forum-related activities, and exercise of jurisdiction is reasonable.
Court: USDC Nevada, Judge: Gordon , Filed On: January 17, 2024, Case #: 2:23cv69, NOS: Other Contract - Contract, Categories: fraud, jurisdiction, Contract
J. Morrison denies, in part, the advertising firm's motion to dismiss, ruling the videoconferences it conducted with Ohio insurance technology firm and the service of work contracts signed between the companies satisfy Ohio's long-arm statute and give this court jurisdiction over the insurance technology firm's RICO lawsuit. Meanwhile, even though the executive at the insurance firm allegedly devised the sham services scheme, the advertising firm's submission of invoices and wiring of money from its own accounts to the executive's other business entity are sufficient to constitute conduct to establish a RICO claim at this stage.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: January 8, 2024, Case #: 2:23cv512, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: fraud, jurisdiction, Racketeering
J. Hightower partially grants a company’s motion to strike a competitor’s reply brief after it sued that competitor for alleged misappropriation of trade secrets and other claims because the first company argues that the reply, which includes more than 230 pages of exhibits, “includes reams of new evidence improperly introduced for the first time on reply.”
Court: USDC Western District of Texas , Judge: Hightower, Filed On: January 4, 2024, Case #: 1:22cv1327, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: fraud, Trade Secrets, jurisdiction
J. Manasco finds that the district court properly abstained from exercising jurisdiction over a fraud and RICO action brought by the property owners against the bank arising from a dispute over the validity of a mortgage and an allegedly false promissory note. The district court correctly stayed the federal case pending conclusion of a related state court foreclosure action. Both cases involve similar parties and substantially similar issues related to the validity of the note and the existence of a lien on the property. Affirmed.
Court: 11th Circuit, Judge: Manasco, Filed On: January 4, 2024, Case #: 22-11355, Categories: fraud, jurisdiction, Racketeering
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. 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