391 results for 'nos:"Other Fraud - Torts - Personal Property"'.
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
J. White allows a single claim to proceed against Proctor & Gamble from a consumer who say he was tricked into buying a NyQuil product that claimed to have a significant amount of real honey in it, when it had only a small amount of honey. The consumer did not bring forward any evidence that supports his contract and warranty claims, leaving all of them to fail, but there is a potential that some consumers could be misled in regards to what percentage of honey makes up the NyQuil.
Court: USDC Northern District of California, Judge: White, Filed On: April 9, 2024, Case #: 4:23cv5061, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, False Advertising
J. Snyder denies in part a cannabis company's motion to dismiss an investor's claims of fraud and breach of contract after he requested the return of his investment and the company did not return the funds. The investor alleges that the company knowingly misrepresented the existence of the company, as well as its financial status, permits, and ability to conduct business in the state with required approvals. The investor has sufficiently alleged breach of contract, intentional misrepresentation, unjust enrichment, concealment and false promise claims.
Court: USDC Central District of California, Judge: Snyder, Filed On: April 8, 2024, Case #: 2:23cv3304, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Contract
J. Gilliam dismisses false advertising claims against Dole from consumers who say the company misrepresents their line of fruit and drink products as being healthy and nutritious, when in fact many of the products derive most of their calories from sugar. The consumers challenge phrases on the packaging such as, "We promise to provide everyone, everywhere with good nutrition," but these phrases are surrounded by analogies and playful drawings. They are "vague and aspirational" statements that are common in exaggerated advertising, leaving no room for claims based on them to survive.
Court: USDC Northern District of California, Judge: Gilliam, Filed On: April 8, 2024, Case #: 4:23cv3320, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Class Action, False Advertising
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J. Dever partially grants a bitcoin investment firm's motion to dismiss counterclaims of conversion, breach of contract and bad faith brought by a partner of the firm. The partner alleges the firm opened an account with a cryptocurrency trading platform where he could store personal investments worth over $220,000, then the firm blocked his access. The firm claims the platform blocked the partner, but the partner presents sufficient evidence that the firm is responsible for having changed his password without his consent. The conversion claim survives, but all other claims are dismissed.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 5, 2024, Case #: 5:22cv 503, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Trade, Conversion
J. Bordallo dismisses a former doctor’s claims against two attorneys who represented a North Carolina hospital that suspended his medical license suspension. The court does not have jurisdiction over the claims, in one part because the attorneys are not government representatives. The former doctor does not show there is diversity jurisdiction either, all parties reside in Guam and the former doctor does not prove he actually lives in Florida as he claims.
Court: USDC Guam, Judge: Bordallo, Filed On: April 4, 2024, Case #: 1:23cv17, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Rights, Health Care, Jurisdiction
J. Gordon grants, in part, the lenders' motion to dismiss a borrower and guarantor's counterclaims. The lenders originally filed suit alleging they fraudulently transferred stocks as repayment. The guarantor contends he first learned of the stock transfers after a previous judgment was entered, but the lenders point to publicly available financial documents that disclosed the stock transfers before the original complaint was filed. Certain counterclaims are precluded, while a conspiracy claim must be dismissed because it is not supported by allegations for damages.
Court: USDC Nevada, Judge: Gordon , Filed On: April 2, 2024, Case #: 2:22cv1206, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Securities, Banking / Lending
J. Kennelly grants a children’s clothing retailer’s motion to dismiss a consumer class action, brought by parents who say school uniforms they bought from the retailer contained polyfluoroalkyl substances. The court finds the parents lack standing to pursue injunctive relief, as they are now aware the uniforms contain the harmful substance. The court also finds the parents have failed to state an actionable claim.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: April 1, 2024, Case #: 1:23cv4899, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Corley dismisses false advertising claims against Christian Dior from consumers who say the company has misrepresented the sun protection properties of their "24 hour" cosmetic products. There is nothing on the record to show that the labels on Christian Dior products have been confusing consumers. The class even conducted a survey where only one-third of survey takers agreed with the consumers' interpretation of the labels, leading the consumers to say this meant the other two-thirds were duped by the front labels. This "makes no sense" and all of their claims fail.
Court: USDC Northern District of California, Judge: Corley, Filed On: April 1, 2024, Case #: 3:23cv409, NOS: Other Fraud - Torts - Personal Property, Categories: Class Action, False Advertising
J. Schopler partially dismisses Proposition 65 related claims against the candy manufacturer concerning the amount of lead and cadmium in its chocolate products that are sold without warning labels. The consumer did not give the prelitigation notice required for lawsuits related to Proposition 65. Although she attempts to argue otherwise, most of the consumer’s claims target the chemicals and conduct that Proposition 65 seeks to regulate, as well as the harms the law seeks to prevent.
Court: USDC Southern District of California, Judge: Schopler, Filed On: March 31, 2024, Case #: 3:23cv55, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Osteen partially denies a fire extinguisher company’s motion to dismiss a second amended class action complaint alleging a slew of allegations after many extinguishers failed to work properly. Almost all of the class’s claims allege violations of California and Florida state laws, and include unfair trade practices, fraud and breach of warranty. Most of the claims are barred by other state law regulations. However, several survive, including fraudulent inducement and implied warranty violations because the company concealed its knowledge of extinguisher malfunctions for 12 years before they were recalled in 2017.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: March 29, 2024, Case #: 1:21cv839, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Trade, Warranty
J. Wolf denies a manufacturer’s motion for summary judgment against a consumer bringing a class action against it in response to its hand sanitizer bottles, which claim on their front label to kill 99.99% of germs, but clarify on their back labels that they kill 99.99% of many common harmful germs. There is enough evidence for a reasonable jury to find the manufacturer’s advertising of its hand sanitizer bottles deceptive and for the consumer to have suffered an economic loss as a result of the deceptive advertising.
Court: USDC Massachusetts, Judge: Wolf, Filed On: March 29, 2024, Case #: 1:20cv11555, NOS: Other Fraud - Torts - Personal Property, Categories: Trade, Consumer Law, False Advertising
J. Carter grants the computer maker's motion to dismiss a consumer class action alleging that it prices its consumer products artificially high in order to promise purchasers a significant discount off the fictitious price. The consumer fails to show that computers are too complex for the average purchaser to evaluate holistically. The computer maker discloses its products' specifications to consumers, so consumers can make value comparisons themselves. Therefore, he cannot show the company deceived consumers in any way.
Court: USDC Southern District of New York, Judge: Carter, Filed On: March 29, 2024, Case #: 1:22cv5131, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Simmons partly grants the consumers' motion for class certification concerning consumer protection and warranty claims against a supplement company and its "natural remedies" Sambucol product, which allegedly includes "unreported dietary" ingredients that may be illegal. While California and Missouri subclasses are certified, certification for the proposed nationwide classes is denied.
Court: USDC Southern District of California, Judge: Simmons, Filed On: March 29, 2024, Case #: 3:21cv137, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Warranty, Class Action
J. Blakey grants an asset management firm and its executives’ motions to dismiss counterclaims brought against them by one of the firm’s former managers. The asset management firm sued the former manager for breach of contract, fraud and trade secret misappropriation over his alleged lies to clients and intentional sabotage of business relationships. The former manager shot back with counterclaims of defamation, tortious interference and breach of fiduciary duty, but the court finds he has not sufficiently alleged any of these claims.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: March 28, 2024, Case #: 1:22cv4269, NOS: Other Fraud - Torts - Personal Property, Categories: Tort, Defamation, Interference With Contract
J. Gonzalez Rogers finds in favor of Plum, a baby food products company, over class claims from consumers who say the company hid the fact that its baby food has trace amounts of toxic metals. The presence of heavy metals in the food supply, baby foods included, has been the subject of media coverage for years prior to this lawsuit and others like it, meaning Plum was not the keeper of any "exclusive knowledge" that it had to disclose on the packaging. Plum has even said as much on its website.
Court: USDC Northern District of California, Judge: Gonzalez Rogers, Filed On: March 28, 2024, Case #: 4:21cv913, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Product Liability, False Advertising
J. Collier grants the bank's motion for judgment on the pleadings in this suit arising from a "commercial loan transaction negotiation." The plaintiff company asserts claims for negligent misrepresentation, promissory fraud and promissory estoppel after the loan did not close. However, it fails to adequately state a claim for relief.
Court: USDC Eastern District of Tennessee , Judge: Collier, Filed On: March 28, 2024, Case #: 2:23cv22, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, Fraud, Banking / Lending
J. Mizelle largely dismisses the consumer's purported class action against the laptop maker alleging that it overstated the durability of its laptop. The consumer lacks standing to assert the proposed class's claims under other states' consumer fraud statutes or to seek injunctive relief as a remedy for those claims, and his remaining claims are dismissed for failure to state a claim. One warranty count is dismissed as an impermissible shotgun pleading, but may be separated into three different counts in an amended pleading.
Court: USDC Middle District of Florida, Judge: Mizelle, Filed On: March 27, 2024, Case #: 8:23cv250, NOS: Other Fraud - Torts - Personal Property, Categories: Product Liability, Class Action