389 results for 'nos:"Other Fraud - Torts - Personal Property"'.
J. Simmons grants PharmaCare Laboratories' motion to dismiss the consumers' false representation claims concerning its black elderberry products. PharmaCare Laboratories is an Australian company with its principal place of business in Austria. Its has provided evidence that the other defendant in the case, PharmaCare U.S., is responsible for manufacturing and selling the black elderberry products in California. Therefore, the court lacks jurisdiction over PharmaCare Laboratories.
Court: USDC Southern District of California, Judge: Simmons, Filed On: May 10, 2024, Case #: 3:23cv1318, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Jurisdiction
J. Brennan denies, in part, the Canadian citizens' motion to dismiss, ruling that while they do not reside in Ohio, the real estate they own in the state gives this court jurisdiction over claims regarding the title of those properties under the Ohio long-arm statute. However, because tax issues in New Jersey and New York are entirely unrelated to any properties or business conducted in the state of Ohio, this court lacks jurisdiction over those claims, which will be dismissed.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: May 9, 2024, Case #: 1:20cv2744, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Real Estate, Jurisdiction
J. Urias grants the car dealership's motion to compel arbitration, ruling the agreement signed by the buyer is a valid contract, while the delegation provision to allow the arbitrator to determine recovery of attorney fees is not unconscionable and the burden of arbitration is not "so onerous" as to render the agreement unenforceable.
Court: USDC New Mexico, Judge: Urias, Filed On: May 9, 2024, Case #: 1:23cv1057, NOS: Other Fraud - Torts - Personal Property, Categories: Arbitration, Fraud, Contract
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J. Lipman grants customers’ unopposed motion for final approval of the proposed settlement in this case involving allegations that Family Dollar stores sold products “contaminated by a rodent infestation.” The proposed settlement was preliminarily approved, and the court now finds that notice to the class members was successful. The court will also deny without prejudice the customers’ motion for attorney fees, based on their failure to comply with certain local rules.
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: May 6, 2024, Case #: 2:22cv2138, NOS: Other Fraud - Torts - Personal Property, Categories: Settlements, Attorney Fees, Class Action
J. Rosenthal finds that a salon company, which recovered only a fraction of their damages in bankruptcy court after a construction contractor filed for bankruptcy during construction of a salon and did not complete the project, cannot pursue fraudulent inducement claims against the family that operated the construction firm. The salon company argues this case involves a different cause of action from the claim adjudicated during bankruptcy proceedings, but the court finds that the facts asserted in both claims center on the construction company entering a contract it did not intend to complete. The fraudulent inducement claim is barred by the prior proceeding, so the suit is dismissed.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: May 6, 2024, Case #: 4:23cv2408, NOS: Other Fraud - Torts - Personal Property, Categories: Bankruptcy, Fraud
J. Anello dismisses the solar roofing company's RICO and fraud claims against a consultant alleging that she and the company's CEO "siphoned" company money through paycheck protection program loan applications. The company fails to provide details as to "whether, how, when or why" loan proceeds were used to pay the consultant's bills for her personal property. The company further fails to identify on which loan application the consultant is alleged to have made the fraudulent reporting.
Court: USDC Southern District of California, Judge: Anello, Filed On: May 3, 2024, Case #: 3:23cv2323, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Conversion, Racketeering
J. Sykes dismisses the subscribers' complaint that the company violated California's Automatic Renewal Law by not providing adequate notice of its OnlyFans' automatic subscription renewal policy or appropriate subscription cancellations options. This court lacks personal jurisdiction over this case because even though a significant number of California residents visited and bought subscriptions through the company's website, it is not enough to claim that the company is subject to California jurisdiction because it is not based in the state.
Court: USDC Central District of California, Judge: Sykes, Filed On: May 2, 2024, Case #: 5:22cv2164, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Jurisdiction, Class Action
J. Hornsby denies a request by owners of a skilled nursing facility to stay discovery of a potential class action alleging fraudulent reporting of nursing shortages for 100 residents over a three-year period. The owners of the facility unsuccessfully sought to pause the litigation by the daughter of a deceased resident, pending a ruling on a jurisdictional challenge, under the Class Action Fairness Act. The facility’s owners say the suit is one of 13 related cases filed by the litigant’s counsel filed in federal and state courts in Louisiana. “There are sound arguments on both sides of the issue” but the “best exercise” of the court’s discretion is to allow discovery to proceed.
Court: USDC Western District of Louisiana , Judge: Hornsby, Filed On: April 30, 2024, Case #: 5:23cv1750, NOS: Other Fraud - Torts - Personal Property, Categories: Health Care, Discovery, Class Action
J. Curiel awards class counsel $246,000 in attorney fees following the settlement of the customers' class action accusing The Children's Place of falsely advertising that its items were discounted when they were not. Although the amount represents 42% of the settlement's redeemed coupon value, this is appropriate due to the 2,000 hours counsel put in and the fact that The Children's Place agreed not to contest a fee award as high as $1.08 million. This is not a windfall for class counsel.
Court: USDC Southern District of California, Judge: Curiel, Filed On: April 30, 2024, Case #: 3:16cv370, NOS: Other Fraud - Torts - Personal Property, Categories: Unfair Competition, Attorney Fees, False Advertising
J. Peterson considered multiple claims for relief asserted by a Michigan attorney surrounding his involvement in an immigrant investment program; only one survives. The court finds his claims of fraud and breach of contract lack specificity and are time-barred, respectively, but his complaint of alleged conversion is supported. The court grants him additional time to amend the conversion claim.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: April 25, 2024, Case #: 23cv511, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Conversion, Contract
J. Gayles grants the commodity futures trading commission default judgment against defendants in claims alleging foreign currency fraud because defendants failed to answer, appear, or respond to the allegations.
Court: USDC Southern District of Florida, Judge: Gayles, Filed On: April 22, 2024, Case #: 1:22cv20291, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, Fraud, Trade
J. Engelmayer denies the Danish shipping company's motion to dismiss an American shipping company's conversion claim it wrongfully took delivery of five of its shipping containers and refused to return them. The Danish shipper cannot avoid liability because it belatedly returned four of the containers, as its rival may be able to show losses from the taking. Further, the court will not strike the American shipper's request for punitive damages at this stage in litigation.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: April 19, 2024, Case #: 1:23cv10283, NOS: Other Fraud - Torts - Personal Property, Categories: Damages, Conversion
J. Rakoff finds that the lower court properly denied an exhibit's motion to dismiss class claims that it violated the New York Arts and Cultural Affairs Law by failing to disclose the total cost of tickets, including ancillary fees. The voluntary payment doctrine does not bar this suit because the $8.99 added to the attendee's ticket price on the final purchase screen did not disclose how much of the fees was allocated to taxes versus fees.
Court: USDC Southern District of New York, Judge: Rakoff, Filed On: April 19, 2024, Case #: 1:24cv322, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law
J. Payne grants the game app developer's motion to compel mandatory alternative dispute resolution. The creators of the popular app Candy Crush launched the Candy Crush All Stars 2023 Tournament, which allowed Candy Crush players worldwide to compete for a chance to win $250,000 in prizes and an expense-paid trip to London. A participant accuses the creators of omitting or actively misrepresenting certain information to participants, which caused them to overestimate their chances of success and spend more than they otherwise would have on in-app purchases to boost their competitiveness. The participant agreed multiple times to the developer's terms and conditions, which contain a clause on settling matters out of court.
Court: USDC Eastern District of Virginia, Judge: Payne, Filed On: April 18, 2024, Case #: 3:23cv314, NOS: Other Fraud - Torts - Personal Property, Categories: Arbitration, Fraud, Consumer Law
J. Polster grants GameStop's motion to dismiss, ruling that because the terms and conditions of the customer's "pro" rewards membership include a mandatory arbitration clause, his claims regarding certain handling charges that could potentially violate the free shipping advertised in the program must be decided via arbitration.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: April 16, 2024, Case #: 5:23cv1970, NOS: Other Fraud - Torts - Personal Property, Categories: Arbitration, Fraud, Class Action
J. Papillion grants a New York resident’s request for an emergency temporary restraining order against a man she met online, barring him from spending a total of $380,000 she transferred into his private cryptocurrency wallet after he fraudulently represented he was using various websites allegedly owned and operated by Coinbase. She has met all four criteria for the order, which is necessary to prevent the transfer of the New Yorker’s allegedly stolen assets into unidentifiable digital wallets.
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: April 16, 2024, Case #: 2:24cv480, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Restraining Order, Conversion
J. Griggsby grants, in part, a bakery company’s motion to dismiss a fraud lawsuit brought a class of consumers alleging violations of the Food, Drug and Cosmetic Act and the Maryland Consumer Protection Act. The class alleges that the “All Butter” cake has artificial butter and not real butter, as the label suggests. The bakery argues that reasonable consumers would need additional information to determine whether “All Butter” referred to the ingredients or the flavor, and could find this information on the ingredients list. The remaining state law claims are preempted by FDCA and the consumer failed to state a plausible express warranty or consumer protection claim in the complaint.
Court: USDC Maryland, Judge: Griggsby, Filed On: April 12, 2024, Case #: 1:23cv522, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Dorsey denies the Russian car dealer's motion for a preliminary injunction seeking to have his bank account unfrozen. The dealer's appearance at a dealer show was canceled, his cars were transferred to California and his bank account was frozen after the company stopped manufacturing cars when Russia invaded Ukraine. The dealer does not satisfy any standard for injunction. His motion just states the company president's reasons for freezing the account are false, says the account should not have been frozen, and states without evidence the president's actions have damaged the company.
Court: USDC Nevada, Judge: Dorsey , Filed On: April 11, 2024, Case #: 2:22cv1774, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Jurisdiction, Contract