8 results for 'cat:"Fraud" AND cat:"Negligence" AND cat:"Contract"'.
J. Thrash grants the security company's motion to dismiss a fraud, negligence and breach of contract action brought by the jewelry store after the company failed to notify the store or police when thieves set off an alarm and stole jewelry. The store's breach of contract and negligence claims are barred by the exculpatory provision in the contract. The store failed to properly state claims for negligence or fraudulent misrepresentation under Georgia law.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: September 26, 2023, Case #: 1:23cv556, NOS: Other Contract - Contract, Categories: fraud, negligence, contract
J. Gonzales grants a motion to "dismiss or for a more definitive statement" and dismisses a contract dispute brought by a consumer against a company that was the owner of her car loan and that the consumer claims "improperly repossessed her car and untruthfully reported her debt to credit reporting agencies." While the consumer's complaints "could implicate potential legal claims if stated differently," she "does not proffer the contract itself nor even describe its terms" despite basing her claims on alleged breaches of contract by the company, and she has brought "two different complaints and nine total claims," all of which were implausible or futile.
Court: USDC New Mexico, Judge: Gonzales, Filed On: June 16, 2023, Case #: 2:21cv1018, NOS: Other Contract - Contract, Categories: fraud, negligence, contract
J. Schreier finds that an insurance company is not liable for claims of fraud, negligence and misrepresentation in a matter involving a project that the Western Area Power Administration sought to complete. The energy company failed to meet its burden to prove any claims or to show why it is legally entitled to pursue a breach of contract claim.
Court: USDC South Dakota, Judge: Schreier, Filed On: June 13, 2023, Case #: 4:20cv4033, NOS: Insurance - Contract, Categories: fraud, negligence, contract
J. Alvarez finds for a group of lenders on a homeowner's fraud, contract and related claims in a foreclosure case. Although the homeowner recites the elements of each claim, he fails to plead any facts to support the claims.
Court: USDC Southern District of Texas, Judge: Alvarez, Filed On: June 12, 2023, Case #: 7:22cv422, NOS: Foreclosure - Real Property, Categories: fraud, negligence, contract
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J. Jones denies the construction company's motion to dismiss the lawsuit seeking damages for breach of contract, negligence, and fraud in relation to the renovation and restoration of the consumer's home. The company allegedly caused the disposal of lead paint residue and dust in the consumer's home. The consumer sufficiently pleaded their claims.
Court: USDC Western District of Virginia, Judge: Jones, Filed On: June 6, 2023, Case #: 1:23cv10, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: fraud, negligence, contract
J. McMillian finds that the trial court properly dismissed the fertilizer companies' fraud, negligence and breach of contract action against the storage tank companies seeking damages from a leaky sulfuric acid storage tank. The trial court correctly found that the claims were barred by the eight-year statute of repose. The tank companies had a substantive, vested right to be free from liability for the breach of contract claims as set out in the pre-2020 version of the statute. The 2020 amendment to the statute cannot be applied retroactively to the breach of warranty claim. Affirmed.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: May 31, 2023, Case #: S23A0273, Categories: fraud, negligence, contract