124 results for 'nos:"Other Personal Property Damage - Torts - Personal Property"'.
J. Trauger partially grants the former employee’s motion to dismiss for failure to state a claim in this lawsuit asserting claims for conversion, fraud, breach of fiduciary duty and unjust enrichment in connection with his alleged use of a skid steer “for his own personal or family benefit.” The court will dismiss the company’s fiduciary duty claim, as it has not shown that the claim is timely under the relevant statute.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: May 6, 2024, Case #: 3:23cv862, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Employment, Fiduciary Duty, Conversion
J. Stickman grants a restaurant chain’s motion for summary judgement concerning the class action claims, including unfair enrichment and breach of contract, brought by customers during a nationwide change shortage. The evidence shows modifications and waivers to the purchase-and-sale agreement were made. The customers had the opportunity to withdraw from their purchase but decided to follow through after purposely going to the restaurant to be shortchanged.
Court: USDC Western District of Pennsylvania, Judge: Stickman, Filed On: May 1, 2024, Case #: 2:20cv1448, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Fraud, Consumer Law, Contract
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J. Robinson denies a roof contractor's motion for preliminary injunction concerning tortious interference claims against a business rival. The business rival, who won the contract for a drinking reservoir project, sufficiently showed in court that it did not mislead the city with its qualification package and submitted bids.
Court: USDC Kansas, Judge: Robinson, Filed On: April 9, 2024, Case #: 2:23cv2339, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Construction, Contract, Injunction
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
J. Simmons grants a digital bank's motion to compel arbitration against a borrower who claims the bank failed to protect her and other borrowers from cybercriminals. Although the borrower submitted her loan application through a portal hosted by Wisetack and agreed to Wisetack's terms of service, which included an arbitration clause, the borrower's claims against the online bank are "intimately founded in and intertwined with" the underlying contract. Therefore, the doctrine of equitable estoppel applies and the bank may enforce Wisetack's arbitration agreement as a non-signatory party.
Court: USDC Southern District of California, Judge: Simmons, Filed On: March 29, 2024, Case #: 3:23cv813, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Arbitration, Privacy, Contract
J. Barbier grants a request by a manufacturer of air conditioners and heating systems, dismissing a competitor’s state law claims of unfair trade practices arising from its hiring of a former employee who allegedly divulged the confidential details of a product produced by his former employer. The litigant HVAC company has not alleged any specific conduct by its competitor that is “immoral, unethical, unscrupulous or substantially injurious.” Instead, the claims against the competitor demonstrate the latter company’s permissible business judgment in hiring and product development.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: March 27, 2024, Case #: 2:23cv1669, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Employment, Evidence, Business Practices
J. Fallon finds the owner of two nuclear power plants has proven it is entitled to damages in the amount of $1.5 million for repairs to its catwalks and supporting structures after a runaway barge slammed into the facilities’ protective clusters during Hurricane Ida. The owner has carried its burden on the elements of duty, breach and damages. The barge owner has failed to rebut the presumption of causation and, therefore, is liable to for the storm-related damages.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: March 25, 2024, Case #: 2:22cv504, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Evidence, Maritime, Damages
J. Lin dismisses a contract claim in the water product company's complaint alleging that the oil field equipment supplier did not pay what it owed under a distributor agreement and sold counterfeit versions of the water product company's project after the latter ended the agreement. The water product company terminated the agreement instead of affirming and enforcing it through a damages or relief lawsuit, and because the agreement ended, the oil field equipment supplier did not have a duty of non-competition.
Court: USDC Western District of Washington, Judge: Lin, Filed On: March 11, 2024, Case #: 2:23cv1317, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Property, Contract
J. Immergut finds in partial favor of the insured in his complaint alleging that the insurance company wrongfully denied his claim for property damage caused by a landslide. The insurance company denied coverage by citing the land-and-earth-movement exception in the insured's homeowner policy. However, the owned property exception does not apply because the City of Portland ambiguously claims that the insured needs to stabilize nearby third-party property to stabilize his own property.
Court: USDC Oregon, Judge: Immergut, Filed On: March 5, 2024, Case #: 3:23cv191, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Insurance, Property
J. Watson grants the class's motions for approval of the settlement and for attorney fees, ruling sufficient discovery has been conducted to prove damages for the class members involved in the data breach, while the $120,000 award in attorney fees is supported by documentation and the complexity of the litigation.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 5, 2024, Case #: 2:22cv3499, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Settlements, Attorney Fees, Class Action
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. Wicks grants a joint motion to seal various exhibits which both parties claim contain sensitive confidential business information, trade secrets, data privacy and cybersecurity information. The case involves allegations that the defendants failed to safeguard its customers’ personally identifiable information, which were targeted by hackers in a data breach. The court directs the parties to redact the privileged information related to defendant’s anti-fraud practices and procedures as well as the litigants’ personal information.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: February 23, 2024, Case #: 2:21cv6911, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Evidence, Privacy, Technology
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. Pechman grants the customers' unopposed renewed motion for preliminary approval of a $2.45 million settlement for their class action accusing the consumer debt collector of not taking adequate measures to protect the customers' sensitive data from a data breach. Class members may seek up to $1,500 for ordinary out-of-pocket expenses related to the data breach or up to $10,000 for extraordinary expenses.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: February 20, 2024, Case #: 2:22cv1558, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Settlements, Privacy, Class Action