42 results for 'cat:"Conversion" AND cat:"Contract"'.
J. Moll finds the trial court properly denied the former partner's motion to dismiss a conversion action on statute of limitations grounds. Although more than three years passed between the initial suit filed by the company owner and the present dispute, the savings statute applied because the initial suit was brought by the company on behalf of the owner, a third party. However, the court erroneously calculated damages, as the owner was already awarded more than $8,000 for the partners' unauthorized withdrawal of $17,000 from the company checking account, which limited the damages available to the owner to $7,000, as all of the claims were related to the same occurrence. Affirmed in part.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: August 18, 2023, Case #: AC45318, Categories: Damages, conversion, contract
J. Quereshi denies an asset-based lending agency its motion to dismiss counterclaims of breach of contract brought by an energy efficient lighting firm. The firm failed to pay off the agency's loan because its work was stalled during the early days of the Covid-19 pandemic. The agency responded by seizing the firm’s products in storage and thereby allegedly causing the firm to lose multiple customers. These allegations cannot be resolved by a motion to dismiss, so the firm has sufficiently argued a breach of contract claim.
Court: USDC Maryland, Judge: Quereshi, Filed On: August 18, 2023, Case #: 8:21cv668, NOS: Other Contract - Contract, Categories: Interference With contract, conversion, contract
J. Edelstein finds the trial court erroneously granted the staffing agency's motion for summary judgment because its contract with the rolling door manufacturer did not require a termination notice be sent by certified mail. The certified mail provision of the contract dealt only with the exclusivity provision and, therefore, the manufacturer's termination notice was valid and ended the agreement. However, because the trial court failed to analyze whether any implied contract existed after the termination, the case must be remanded to allow for consideration of the staffing agency's claims related to that period of time. Reversed.
Court: Ohio Court Of Appeals, Judge: Edelstein, Filed On: July 18, 2023, Case #: 2023-Ohio-2462, Categories: conversion, contract
J. Thrash denies the bank's motion for judgment on the pleadings in a breach of contract and conversion action arising after the individual failed to make payments on a Paycheck Protection Program loan or return excess funds wired to her account due to a keystroke error. A material dispute exists as to whether the individual violated the loan agreement. The complaint also does not state a claim for breach of the implied covenant of good faith as to the excess funds.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: July 10, 2023, Case #: 1:22cv2685, NOS: Other Contract - Contract, Categories: conversion, Banking / Lending, contract
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J. Nowell finds that the lower court improperly granted summary judgment to the bank on the appellant company's claims for conversion and breach of contract relating to certain checks in this suit involving a checking account with the bank and a number of allegedly stolen checks. The bank failed to show that "the same wrongdoer signed or altered all eighteen checks." Reversed in part.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: July 6, 2023, Case #: 05-22-00206-CV, Categories: conversion, Banking / Lending, contract
J. Starr finds for two sets of parties on the opposing claims against each in a trademark infringement and conversion case. The limited liability company fails to plausibly plead its claims for trademark infringement and unfair competition, while the opposing parties also fail to support their claims for conversion, tortious interference with contract and fraudulent inducement, among others.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: June 26, 2023, Case #: 3:20cv3008, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Trademark, conversion, contract
J. Doyle finds that the trial court improperly ruled in favor of the uncle in a conversion, specific performance and declaratory judgment action brought by the mother and daughter arising out of a property dispute. The uncle brought counterclaims for breach of contract and reformation of the contract. The uncle lacked standing to bring his motion for summary judgment in his individual capacity after he had already conveyed his interest in the property to his investment company. Reversed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 26, 2023, Case #: A23A0281, Categories: conversion, contract
J. Randolph finds the lower court improperly found that a tenant committed conversion and breached its lease with a building owner when it removed equipment that was affixed to the building. The tenant purchased a commercial business from the building owner but leased the building. The parties agreed to an Asset Purchase Agreement (APA) that stated the tenant purchased the business and all property necessary to conduct the business. When the tenant moved to a new location, it took the equipment, but the building owner said the equipment belonged to it because the equipment was attached to the building and had been excluded from the APA. The lower court agreed. But the instant court finds the equipment is included in the APA, as it is part of all the assets necessary to conduct the business. The tenant is responsible for any damage that may have occurred as a result of removing the equipment, and the matter is remanded to determine the amount of damages to repair the building. Reversed in part.
Court: Mississippi Supreme Court, Judge: Randolph, Filed On: June 22, 2023, Case #: 2021-CA-00778-SCT, Categories: Landlord Tenant, conversion, contract
J. Ceresia finds that the lower court properly dismissed conversion claims brought after money held in escrow from a land sale in which plaintiff's late husband held an interest passed to his former business partner during the purchase of two businesses they co-owned. The general release from claims as contained in the sale as signed by plaintiff did not contain a carve-out for the escrow money, and the release shielded the law firm handling the partner's purchase from fiduciary duty claims. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: June 22, 2023, Case #: 535583, Categories: Fiduciary Duty, conversion, contract
J. Talwani denies, in part, a business and individual's motions to dismiss a real estate company's claims related to the failed purchase and sale of two properties. The company has sufficiently pleaded its claims for breach of contract and civil conspiracy, among others, against the business, and its claims for breach of warranty, civil conspiracy, conversion and intentional interference with contractual relations against the individual.
Court: USDC Massachusetts, Judge: Talwani, Filed On: June 14, 2023, Case #: 1:22cv11544, NOS: Other Contract - Contract, Categories: Real Estate, conversion, contract
J. Kays grants the employer's motion to dismiss a defamation, conversion and breach of contract action brought by the former employee. The employee failed to sufficiently allege that the employer intentionally interfered with any business expectancy or that any defamatory statements existed. The allegedly defamatory statements that the employee is "nothing but trouble" cannot reasonably be interpreted as asserting objective facts which can be proven false. The employee's action also fails to identify any contractual provisions allegedly breached by the employer.
Court: USDC Western District of Missouri, Judge: Kays, Filed On: June 2, 2023, Case #: 4:23cv6, NOS: Other Contract - Contract, Categories: Defamation, conversion, contract