156 results for 'nos:"All Other Real Property - Real Property"'.
J. Crews excludes expert testimony in retaliation claims in which plaintiff, a double amputee who uses a wheelchair for mobility, contends the homeowners' association failed to properly remove snow or provide him an assigned parking spot in front of his unit, as the standard upon which the expert reached her conclusions was inconsistent with standards used in civil trials.
Court: USDC Colorado, Judge: Crews, Filed On: May 2, 2024, Case #: 1:22cv2042, NOS: All Other Real Property - Real Property, Categories: Ada / Rehabilitation Act, Experts
J. Borden denies, in part, a sellers’ motion for judgment on the breach of contract pleadings in this real estate purchase dispute against the buyers who counterclaims for breach of contract, misrepresentation and suppression. Both parties agree they entered a valid agreement to sell and purchase the property. The sellers argue the buyers failing to close by the date agreed was a breach the contract. The buyers argue the sellers refusing to terminate the agreement and return their money was breach of contract, misrepresentation and suppression. As for the breach of contract claims, there are questions of fact concerning whether the buyers contacted the sellers to discuss termination. The buyers’ misrepresentation and suppression counterclaims fail as a matter of law; constructive knowledge precludes their claims.
Court: USDC Northern District of Alabama , Judge: Borden, Filed On: May 1, 2024, Case #: 6:23cv888, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, Property, Contract
J. Lin grants the consumer's motion to consolidate her class action alleging that the beverage container manufacturer did not inform consumers that its popular Stanley tumbler products contained lead. The beverage container manufacturer argues that a stay or dismissal is more appropriate than consolidation, because consolidation will require conducting discovery with all named plaintiffs instead of just the top plaintiff, but this argument "strains common sense" as the beverage container manufacturer would already likely seek depositions against multiple class members in the event that the consumer's lawsuit was the only action.
Court: USDC Western District of Washington, Judge: Lin, Filed On: April 26, 2024, Case #: 2:24cv191, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, Product Liability, Class Action
J. Kasubhai denies a motion for judgment on the pleadings from Rocket Mortgage on the trustee's complaint alleging that the husband fraudulently conveyed his interest in the property to his wife to avoid the trustee's judicial lien on the property after a state court found that the husband had improperly spent trust assets to purchase the home. The trustee plausibly alleges that the husband's conveyance to his wife is void because it was done in bad faith, so Rocket fails to prove that the trustee's judgment lien did not attach to the husband's interest in the property.
Court: USDC Oregon, Judge: Kasubhai, Filed On: April 25, 2024, Case #: 6:23cv164, NOS: All Other Real Property - Real Property, Categories: Fraud, Property
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Edison examines diversity jurisdiction on remand from the Fifth Circuit Court and finds that a trustee was appointed solely to qualify for diversity jurisdiction in a property dispute with a rental company. The trustee has no special experience, he was appointed quickly with no evidence of a longstanding relationship, and the trustee duties basically involved following the direction of the trust’s lawyers. The rental company’s motion to dismiss on lack of diversity jurisdiction is granted without prejudice.
Court: USDC Southern District of Texas, Judge: Edison, Filed On: April 17, 2024, Case #: 3:19cv249, NOS: All Other Real Property - Real Property, Categories: Property, Jurisdiction
J. Fitzwater orders a city that subpoenaed information from another city that is a non-party in the underlying case to meet and confer with the non-party city to reduce the scope of the request. Subpoenas of non-parties must not be overly burdensome but, because the information sought may be of value to the case, the non-party city’s motion to quash is denied at this time.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: April 16, 2024, Case #: 3:22cv2154, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, Property, Discovery
J. Peterson denies a business owner’s motion for preliminary injunction. Two lawsuits are in play over the use of a particular piece of city-owned land: one is pending and there is the instant matter. The instant court finds there is significant overlap in the two cases and the instant matter should be combined with the first lawsuit. The instant court issues an order to consolidate and denies the business owner’s motion for preliminary injunction.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: April 15, 2024, Case #: 24cv135, NOS: All Other Real Property - Real Property, Categories: Real Estate, Zoning
J. Brailsford denies the city's motion to dismiss a dispute with a landowner involving a prescriptive easement over a trail that crosses the city's parcel. The court has supplemental jurisdiction over the matter. The case law the government cites does not support its proposition that the state's common ownership of the parcel "cannot satisfy the unity of title requirement for establishing an implied easement."
Court: USDC Idaho, Judge: Brailsford, Filed On: April 10, 2024, Case #: 1:23cv47, NOS: All Other Real Property - Real Property, Categories: Real Estate
J. Hurson grants, in part, two third-party subcontractors’ motion to dismiss this negligence and contract dispute brought by the water and sewer authority. The original construction company that hired the subcontractors failed to properly analyze the environmental conditions on land that the water and sewer authority bought, causing them to perform environmental remediation along with other buried debris and waste. The water and sewer authority fails to allege claim of breach of contract against the subcontractors and the language in both subcontracts does not grant them beneficiary status. The contract claim is dismissed, and the negligence claim is withdrawn as to the subcontractors. The water and sewer authority’s request for leave is denied as currently presented.
Court: USDC Maryland, Judge: Hurson, Filed On: April 9, 2024, Case #: 8:23cv1328, NOS: All Other Real Property - Real Property, Categories: Construction, Environment, Property
J. Biggs grants the couple currently living on a contested property its motion to dismiss allegations, brought by the previous owners, that the couple is essentially squatting in their home. In previous state court proceedings, the previous owners lost the right to their home because it was foreclosed upon and they were prevented from reentering. The couple legally bought the home and moved in. The previous owners fail to show compelling evidence as to why the state court’s decision should be overturned, and even if they did, the case would need to return to state court to resolve it.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 30, 2024, Case #: 1:22cv908, NOS: All Other Real Property - Real Property, Categories: Property, Foreclosure
J. Aiken grants the receiver's petition to void the deeds of trust that the multi-family real estate developer's managing partner issued regarding the homeowners association complaint, which alleges that the bank owes housing association fees on a property it assumed during the previous owner's bankruptcy proceedings. All evidence that suggests that the contractor, not some other entity, damaged the window is likely second-hand information and supposition, so the multi-family real estate developer and the unit owner do not prove that the contractor working for the homeowners association caused the damage.
Court: USDC Oregon, Judge: Aiken, Filed On: March 29, 2024, Case #: 6:16cv300, NOS: All Other Real Property - Real Property, Categories: Property, Contract
J. Hicks grants the flight support company's motion for summary judgment in this negligence suit. A private plane was damaged by the corporation's making contact with another plane it was moving at the storage facility. The pilot who left the plane to be stored signed a "landing card" stipulating the corporation is not liable for damage. The terms of the landing card are an enforceable contract, including the limitation of liability footnote. Though the pilot involved was not the principal pilot contracted to fly the plane, he was cloaked with apparent authority by the original pilot. The principal “is estopped from later denying the actions of the agent” once he “cloaks the agent with the apparent authority to act[.]”
Court: USDC Nevada, Judge: Hicks , Filed On: March 28, 2024, Case #: 2:22cv2011, NOS: All Other Real Property - Real Property, Categories: Insurance, Contract, Aviation
J. Winmill dismisses an individual's complaint that she was falsely detained, was extradited from her home and given a no-contact order for her children and that she is a trust beneficiary. The individual "requests restitution for false detainment, the return of her children, and property." She fails to state a state trust law claim, Hague Convention claim, does not support her constitutional claims and cannot bring a civil claim under the Hobbs Act. "It is difficult to ascertain the basis of [the individual's] complaint." She is granted leave to amend.
Court: USDC Idaho, Judge: Winmill, Filed On: March 25, 2024, Case #: 1:24cv93, NOS: All Other Real Property - Real Property, Categories: Civil Rights, Real Estate
J. Fleming grants a motion to dismiss claims by a land developer that Fairlawn, Ohio, conspired with owners of neighboring parcels to deprive the developer of the use their parcel and then foreclosed on the parcel for tax default. The land developer claims that Google Earth photos provide evidence that the owners of neighboring parcels transferred unpermitted fill dirt from the neighboring parcel to the developer’s parcel, rendering the property unusable and making the developer vulnerable to the tax default. The photos were dated prior to previous litigation which reviewed and ruled on the same claims. The judge found no reason why the evidence could not have been presented at the prior ruling and granted the motion to dismiss.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: March 22, 2024, Case #: 5:21cv1848, NOS: All Other Real Property - Real Property, Categories: Property, Foreclosure
J. Moorer grants, in part, a bank’s motion for summary judgment in this wrongful foreclosure dispute. The borrower alleges that her signature if forged and that the bank failed to properly notify her of the default, acceleration and foreclosure. The bank alleges the borrower failed to establish enough evidence of her claims. The court concludes the borrower does show enough authenticity of her signature being forged. Therefore, the quiet title claim is denied, and all others are granted.
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: March 22, 2024, Case #: 2:22cv144, NOS: All Other Real Property - Real Property, Categories: Real Estate, Banking / Lending, Foreclosure
[Consolidated.] J. Chun grants the patients' motion to remand a putative class action alleging that the cancer research institute's negligence allowed hackers to access patient contact information. The institute is based in Washington and the data breach primarily involved Washington patients. Furthermore, three causes of action in the lawsuit are based on Washington statutes and none of the causes of action involve another state's law. Therefore, the discretionary home-state exception to the Class Action Fairness Act applies.
Court: USDC Western District of Washington, Judge: Chun, Filed On: March 22, 2024, Case #: 2:23cv1893, NOS: All Other Real Property - Real Property, Categories: Privacy, Jurisdiction, Class Action
J. Martinez mostly declines to dismiss the consumers' complaint alleging that Amazon overcharged them by claiming that it sold them digital content when Amazon was actually only licensing the digital content. The consumers have sufficiently alleged that they were injured by overpaying for a purchase they would not have paid for if they knew they were only purchasing a limited license. Furthermore, Amazon's use of the word "buy" regarding the digital content could be materially misleading to a reasonable consumer.
Court: USDC Western District of Washington, Judge: Martinez, Filed On: March 15, 2024, Case #: 2:22cv401, NOS: All Other Real Property - Real Property, Categories: Fraud, Consumer Law, Contract
J. Figueredo denies the lender's motion to strike an expert opinion in a suit against a borrower, seeking to collect on a $14 million loan secured by a Jean-Michel Basquiat painting. The lender now claims to have possession of the Basquiat and wants to sell the painting, but third parties purport to hold an interest in the painting. A third-party's expert is qualifies to opine on asset-backed lending and the standards of reasonable diligence in the art market relative to the loans made by the lender.
Court: USDC Southern District of New York, Judge: Figueredo, Filed On: March 14, 2024, Case #: 1:20cv4669, NOS: All Other Real Property - Real Property, Categories: Experts, Discovery, Banking / Lending
[Consolidated.] J. Dishman transfers these two consolidated real estate cases to the Northern District of Texas, Wichita Falls division, based on improper venue.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: March 13, 2024, Case #: 5:23cv227, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, Real Estate, Venue
[Consolidated.] J. Dishman transfers these two consolidated real estate cases to the Northern District of Texas, Wichita Falls division, due to improper venue. The court notes that transfer "will promote judicial efficiency," as opposed to dismissal.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: March 13, 2024, Case #: 5:24cv110, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, Real Estate, Venue
J. Tailor finds that the lower court properly upheld the village hearing officer's decision to deny a recycling company's request for additional relocation expenses after its property was taken by the village through eminent domain. The village reasonably obtained and based its payment decision on more than one estimate, paying the company $748,000 for relocation expenses. There is no evidence that the hearing officer had any bias against the company, or that he failed to consider relevant evidence. Affirmed.
Court: USDC Southern District of New York, Judge: Tailor, Filed On: March 8, 2024, Case #: 230641, NOS: All Other Real Property - Real Property, Categories: Administrative Law, Property
J. Kleeh adopts in part and rejects in part the one magistrate-judge's report and recommendation, and adopts in its entirety the second in the
landowners' civil rights suit claiming the deputy state auditor violated their rights to due process when he conveyed a tax deed of two lots to a woman who purchased the property in 2020 for unpaid 2019 taxes, despite her failure to notice them of their right to redeem the property. In adopting the reports and recommendations, the court denies the tax deed grantee's motion to dismiss since the statute in place at the time she acquired the property required her to provide the auditor's office a list of those to be served a notice of the right to redeem.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: March 5, 2024, Case #: 2: 22cv17, NOS: All Other Real Property - Real Property, Categories: Civil Rights, Government, Property