391 results for 'nos:"Other Fraud - Torts - Personal Property"'.
J. Montenegro grants Trader Joe's motion to dismiss some claims in a class action alleging that Trader Joe's dark chocolate products contain lead, cadmium and arsenic, which are not printed on the label. Although the consumers "may not be able to pinpoint a specific level at which these products would become an unreasonable safety hazard or unfit for human consumption, they have to at least provide some connection between the general harms possible from these heavy metals and the levels of heavy metals in these products."
Court: USDC Southern District of California, Judge: Montenegro, Filed On: March 27, 2024, Case #: 3:23cv61, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Broderick dismisses a consumer class action alleging that the digital money platform misled consumers into investing in a cryptocurrency via a third-party company called Cred that ultimately lost all its value. The platform did not market this currency as part of the family of its own products, as it boldly showed users a full-page disclaimer taking no responsibility for a customer's choice to read more about the product before directing users to Cred's website.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: March 27, 2024, Case #: 1:21cv7579, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Class Action
J. Marks grants a consumer’s motion for default judgment in this Federal Odometer Act suit against an automotive sales company. The consumer alleges when he purchased the vehicle that the actual mileage on the dash was 66,125 miles, but he later found out it had over 100,000 miles. He does in fact establish the liability claim for false mileage certification in violation of the Act. The court dismisses most other claims for fraud, negligence and breach of fiduciary duty.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: March 26, 2024, Case #: 1:22cv66, NOS: Other Fraud - Torts - Personal Property, Categories: Evidence, Fraud, Product Liability
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J. Young denies the reseller's motion to dismiss. The massage device company accused the reseller of bulk purchasing its products, giving the impression that the reseller was gifting them to its employees when it was actually reselling them. The company has provided sufficient evidence to move forward with a fraud claim, including the name of the individual who made the misrepresentation.
Court: USDC Eastern District of Virginia, Judge: Young , Filed On: March 25, 2024, Case #: 3:23cv545, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud
J. Boyle grants the heirs to a man’s estate their motion to dismiss allegations of fraud brought by a claimant to the same estate. The claimant alleges that the other heirs lied to her and swindled her out of her rightful portion, making themselves millionaires. However, she does not present sufficient evidence of this and part of her claim goes back to 1992, so it’s time-barred.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: March 22, 2024, Case #: 5:23cv98, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, Civil Rights, Fraud
J. Rutherford denies, in part, United Health's motion for sanctions against an executive in its healthcare fraud case. Although the executive failed to take steps to preserve certain data, he did not act in bad faith.
Court: USDC Northern District of Texas , Judge: Rutherford, Filed On: March 21, 2024, Case #: 3:21cv1547, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Health Care, Sanctions
J. Ohta grants final approval to a $1.8 million settlement in a class action alleging that consumers purchased Apple App Store and iTunes gift cards that were fraudulently drained of value by unknown third-parties and were denied a refund or replacement gift card. An objector challenges the release of non-party retailers who sole Apple gift cards subject to fraudulent redemption as overly broad, but the release of non-party retailers is common practice in cases such as this and the "restrictive nature of the class limits released claims only to those who purchased gift cards subject to pre-activation attempts."
Court: USDC Southern District of California, Judge: Ohta, Filed On: March 19, 2024, Case #: 3:20cv1629, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Settlements, Class Action
J. Wright grants in part a global nutrition company's and denies a technology company's cross-motions for summary judgment regarding allegations of breach of the parties' agreements. The technology company has not shown that the master services agreement limits the nutrition company's remedies in the event of a breach. The nutrition company "raises genuine disputes of material fact regarding whether the [technology company] committed fraud by concealment." The nutrition company "establishes that the statute of frauds bars [the technology company's] cause of action for breach of verbal agreements." The technology company has not shown that the nutrition company violated either the NDA or the enterprise license agreement.
Court: USDC Central District of California, Judge: Wright, Filed On: March 18, 2024, Case #: 2:22cv347, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Contract
J. Estudillo dismisses all but one claim in the consumers' class action accusing Zoom Technologies of selling their personal information without consent. The consumers lack standing to pursue their Wiretap Act and Stored Communications Act claims. Their California Invasion of Privacy Act claim survives because the consumers adequately allege that the interception of their data took place in real time. However, because this is the only remaining claim, the consumers must show cause as to whether this claim meets the Class Action Fairness Act's requirements for this court to maintain jurisdiction.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: March 15, 2024, Case #: 3:22cv5453, NOS: Other Fraud - Torts - Personal Property, Categories: Communications, Privacy, Class Action
J. Rodriguez finds that the consulting company is liable for the judgments entered against the individual in an underlying contract suit. the defendant company was liable to pay after a contract judgment. The company was used to defeat the judgment. The company and individual have not identified any innocent stakeholders or creditors of the company that would be harmed by piercing the veil of the company.
Court: USDC Colorado, Judge: Rodriguez, Filed On: March 15, 2024, Case #: 1:20cv2722, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Enforcement Of Judgments
J. Wolford dismisses a complaint alleging that CVS's hand sanitizer falsely claims to kill 99.99% of germs. It would not be reasonable for a consumer to expect the hand sanitizer to kill disease-causing germs not frequently found on hands. Furthermore, the back label of the product "makes clear that the product kills 'more than 99.99% of many common germs that cause illness,'" not all disease-causing germs.
Court: USDC Western District of New York, Judge: Wolford , Filed On: March 15, 2024, Case #: 6:22cv6227, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, False Advertising
J. Clark denies the car buyer's motion to certify a class of buyer's allegedly misled by the insurer about damages to their cars. The insurer obtained a clean title for the car after it had been involved in an accident and sold for salvage. It was then resold to the buyer, who was unaware of its accident history. However, purchase of a mistitled vehicle does not, by itself, prove reliance. Therefore, individual questions of reliance predominate because they rely upon the circumstantial evidence of each purchase.
Court: USDC Eastern District of Missouri, Judge: Clark, Filed On: March 14, 2024, Case #: 4:22cv385, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Ludwig dismisses the amended complaint in the consumer's class action alleging Schwans sold frozen pies it falsely advertised as containing real butter. In part because the consumer has failed to allege particular, reasonably misleading actions by Schwans as pertains to the butter content advertised on the pies' packaging, her common-law fraud, breach of warranty and deceptive trade practices claims fail.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: March 14, 2024, Case #: 2:23cv147, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Warranty
J. Hurson grants, in part, a purchaser’s motion to dismiss this fraud dispute brought by a horse owner for conversion, fraud, theft and conspiracy claims. The horse owner had given the independent contractor approval to sell this thoroughbred horse at auction, but it was sold in a private sale to the purchaser’s agent without permission. He has demanded the horse to be returned and not accepted the money paid to the contractor. Therefore, the conversion claim survives because there is a plausible claim by the purchaser alleging physical dominion or control. All other claims are dismissed, and the owner has 14 days to leave to amend the complaint.
Court: USDC Maryland, Judge: Hurson, Filed On: March 14, 2024, Case #: 1:23cv1009, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Conversion
J. Simon partially grants the trustee's motion to dismiss the attorneys' complaint that the trustee fraudulently transferred a parcel of property from Oregon to Virginia to avoid giving the attorneys their due award from an underlying lawsuit in which they represented the trustee. This is an unusual case that makes a pleading amendment at this point appropriate. In the context of Oregon’s Uniform Fraudulent Transfer Act, it is unclear how to judge the interaction between the trustee individually and in their capacity as a trustee when "assets were already held in a revocable trust and then transferred by the trust." The attorneys may file a second amended complaint.
Court: USDC Oregon, Judge: Simon, Filed On: March 11, 2024, Case #: 3:23cv1150, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Property
J. Daniel partially grants Walmart’s motion to dismiss a trio of consumers’ fraud class action, brought over the overstated thread count of Walmart’s “Hotel Style” bed sheets. The court finds the consumers have sufficiently alleged fraud under Illinois law, as well as unjust enrichment, common law fraud, breach of warranty and negligent misrepresentation, on the basis that the sheets have less than half the 800-thread count advertised on their packaging. But the court also finds the consumers lack standing for injunctive relief as they have no plans to purchase the same sheets in the future, so they will not be falsely advertised to again. The court also dismisses the plaintiffs’ claims under California law, citing lack of jurisdiction.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: March 11, 2024, Case #: 1:23cv5315, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action