21 results for 'nos:"Commerce - Other Suits"'.
J. Seybert adopts a magistrate judge’s order, preserving claims for money had and received, unjust enrichment and equitable clawback in a lawsuit alleging various holding and investment companies illegally diverted $1.45 million of a company’s assets following its dissolution in exchange for a $4.5 million loan. The defendants fail to allege enough facts in their objections that would conclusively show the former company did not legally possess the funds when they were transferred.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: February 21, 2024, Case #: 2:20cv1166, NOS: Commerce - Other Suits, Categories: Corporations, Banking / Lending
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J. Aiken denies the mortgage lender's motion to dismiss the negative credit reporting claim in the homeowner's class action alleging that the lender accepted the homeowner's loan payments but reported them as late on his credit report. The homeowner sufficiently alleges that he suffered harm when the lender reported disputed past due amounts, because this allegedly false reporting denied the homeowner access to higher credit.
Court: USDC Oregon, Judge: Aiken, Filed On: November 17, 2023, Case #: 6:22cv1922, NOS: Commerce - Other Suits, Categories: Commerce, Class Action
J. Seybert grants, in part, a motion to strike, in preparation to rule on a motion for summary judgment, a 54-page affidavit provided by the principal agent of a receiver appointed by the U.S. Small Business Administration to liquidate two debtors’ corporate holdings. The court finds issue with a small portion of the agent’s conclusions as to whether the debtors were aware, should have been aware or had knowledge of matters related to its contracts with the Small Business Administration and strikes those passages from the affidavit.
Court: USDC Eastern District of Virginia, Judge: Seybert, Filed On: September 29, 2023, Case #: 2:17cv3586, NOS: Commerce - Other Suits, Categories: Debt Collection
J. Frensley recommends that the dismissal motion be granted in this pro se lawsuit concerning a 2015 Nissan Altima, which was allegedly damaged by saltwater and caused the owner to have an accident. The owner's claim for restitution is moot, as he was issued a check by his insurance company "to cover the totaled vehicle."
Court: USDC Middle District of Tennessee , Judge: Frensley, Filed On: July 17, 2023, Case #: 3:21cv955, NOS: Commerce - Other Suits, Categories: Insurance, Vehicle, Warranty
J. Marks remands a group of individuals' negligence action against a freight hauler arising from a vehicle accident in which a tractor-trailer rear-ended a car, killing all eight minors in the vehicle. The negligent hiring and vicarious liability state law claims are not preempted by the Federal Aviation Administration Authorization Act and, therefore, the district court lacks federal-question jurisdiction.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: July 12, 2023, Case #: 2:23cv90, NOS: Commerce - Other Suits, Categories: Vehicle, Negligence, Jurisdiction
J. Marks remands a group of individuals' negligence action against a freight hauler arising from a vehicle accident in which a tractor-trailer rear-ended a car, killing all eight minors in the vehicle. The negligent hiring and vicarious liability state law claims are not preempted by the Federal Aviation Administration Authorization Act and, therefore, the district court lacks federal-question jurisdiction.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: July 12, 2023, Case #: 2:23cv104, NOS: Commerce - Other Suits, Categories: Vehicle, Negligence, Jurisdiction
J. Marks remands a group of individuals' negligence action against a freight hauler arising from a vehicle accident in which a tractor-trailer rear-ended a car, killing all eight minors in the vehicle. The negligent hiring and vicarious liability state law claims are not preempted by the Federal Aviation Administration Authorization Act and, therefore, the district court lacks federal-question jurisdiction.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: July 12, 2023, Case #: 2:23cv167, NOS: Commerce - Other Suits, Categories: Vehicle, Negligence, Jurisdiction
J. Marks remands an individual's negligence action against a freight hauler arising from a vehicle accident in which a tractor-trailer rear-ended a car, killing all eight minors in the vehicle. The negligent hiring and vicarious liability state law claims are not preempted by the Federal Aviation Administration Authorization Act and, therefore, the district court lacks federal-question jurisdiction.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: July 12, 2023, Case #: 2:23cv103, NOS: Commerce - Other Suits, Categories: Vehicle, Negligence, Jurisdiction
J. Piersol dismisses a pro se individual's claims against the Oglala Sioux Tribe Council, Department of Interior and Bureau of Indian Affairs after the individual alleged that Oglala Sioux Tribe Council improperly authorized loans to itself for cannabis businesses in prime locations. The individual's fraud claims are not supported by evidence and the court has no jurisdiction due to tribal sovereign immunity.
Court: USDC South Dakota, Judge: Piersol, Filed On: June 28, 2023, Case #: 5:23cv5041, NOS: Commerce - Other Suits, Categories: Fraud, Native Americans, Jurisdiction
J. Boyko denies, in part, the moving company and freight broker's motions to dismiss, ruling that factual disputes about which party acted as a broker and which party actually damaged goods during a move prevent a decision on the customers' claim under the Carmack Amendment.
Court: USDC Northern District of Ohio, Judge: Boyko, Filed On: June 8, 2023, Case #: 1:23cv92, NOS: Commerce - Other Suits, Categories: Commerce, Negligence
J. Wang declines to approve a class action settlement of claims contending Grubhub provided false information about restaurants and delivery services on its website in violation of the Lanham Act because intervenors, 20 restaurant owners, opposed the proposed settlement.
Court: USDC Colorado, Judge: Wang, Filed On: June 1, 2023, Case #: 1:20cv1327, NOS: Commerce - Other Suits, Categories: Settlements, Unfair Competition, Class Action
J. Wicks enters judgment in favor of the defendant railroad freight carriers on a stone supplier’s breach of contract and Carmack Amendment claims alleging failure to deliver stone supplies and return empty railcars in a timely manner, which ultimately resulted in the supplier going out of business. The court finds its contract claims are preempted by the Carmack Amendment, and its Carmack Amendment claims are time-barred.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: May 10, 2023, Case #: 2:20cv2381, NOS: Commerce - Other Suits, Categories: Commerce, Contract