11 results for 'cat:"Property" AND cat:"Conversion"'.
J. Marbley denies the oil and gas drilling company's motion to dismiss, ruling that because the declaratory judgment claim made by the property owner regarding the geologic nature of formations below the Utica shale layer would solve the majority of the parties' dispute, it will proceed.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 18, 2024, Case #: 2:22cv3943, NOS: Torts to Land - Real Property, Categories: Energy, property, conversion
J. Lauck grants the moving company's motion to dismiss property damage claims. A couple hired the company to remove their belongings from their Virginia home and transport them to Georgia, where they were set to use the proceeds from the sale of their Virginia home to buy a new home. The couple packed their things into boxes and placed them in the garage for the movers to easily access. During the move, an employee for the moving company attempted to disconnect the washing machine but accidentally broke a water line, leading to enough water damage that they could no longer sell the house and so significant that it caused the ceiling over the garage to collapse and destroy their belongings. The couple failed to allege the employees acted in a manner that approached either actual malice or exhibited extreme recklessness, resulting in clearly foreseeable and immediate injury.
Court: USDC Eastern District of Virginia, Judge: Lauck, Filed On: March 4, 2024, Case #: 323:cv474, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: property, Damages, conversion
J. Powers finds that the lower court properly dismissed conversion and replevin claims plaintiff brought against an ex-girlfriend concerning a mobile home sited on her land. The parties originally intended to rent the home, which was affixed to a concrete pad and connected to utilities, and thus plaintiff lacked an ownership interest. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: February 1, 2024, Case #: CV-23-0354, Categories: property, conversion
J. Tabor finds that defendant was properly allowed to purchase his deceased parents' farmland against the wishes of his siblings because the parents specified the option in their will, and the doctrine of equitable conversion was properly invoked in determining fair market value as of the date upon which defendant exercised his option. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: January 10, 2024, Case #: 23-0260, Categories: property, Wills / Probate, conversion
J. Wilkin finds the trial court properly awarded treble damages to the property owner for the logger's removal of trees. The logger admitted he saw bits of a barb wire fence and orange dots marking the property line when he surveyed the area, which supported the court's determination his actions were reckless, not negligent. However, the trial court erroneously allowed the owner to recover both treble and punitive damages for the same act, as Ohio law allows only one such award for the destruction of trees. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: December 26, 2023, Case #: 2023-Ohio-4821, Categories: property, Damages, conversion
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J. Vyskocil grants Sotheby's motion to dismiss conversion claims stemming from the sale of a drawing by artist Jean-Michel Basquiat. The auction house has not ignored the woman's ownership claim, and rescinded the sale, holding the drawing until a court determined rightful ownership of the work. Further, even if a former employee stole the drawing, the three-year limitations period for a conversion claim has long expired.
Court: USDC Southern District of New York, Judge: Vyskocil, Filed On: November 1, 2023, Case #: 1:22cv10406, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: property, conversion
Per curiam, the appellate division finds that the lower court properly dismissed a conversion suit related to a 50% interest in a property management partnership. The written partnership agreement includes an integration clause, refuting the plaintiff's allegations of an enforceable verbal agreement. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 4, 2023, Case #: 04961, Categories: property, conversion
J. May finds that the trial court improperly ruled in claims brought by the homeowners association after residents removed 50 pavers from a common area and used them in their own driveway because the court awarded the association more than the fair market value. Reversed in part.
Court: Florida Courts Of Appeal, Judge: May, Filed On: August 23, 2023, Case #: 4D22-2830, Categories: property, Damages, conversion
J. Cooper denies, in part, a loan servicer and property manager's motion to dismiss a property owner's claims related to their alleged changing of locks and taking of its property when it defaulted on the note. The owner has sufficiently alleged its claims for trespass and conversion.
Court: USDC District of Columbia, Judge: Cooper, Filed On: August 9, 2023, Case #: 1:22cv2678, NOS: Other Fraud - Torts - Personal Property, Categories: property, conversion, Banking / Lending