389 results for 'nos:"Other Fraud - Torts - Personal Property"'.
J. Russell grants the Texas residents' dismissal motions in this case concerning an individual's estate based on a lack of personal jurisdiction. The complaint alleges that an attorney and his wife, along with a paid caretaker, "engaged in a conspiracy to siphon money" from the individual, who is 91 years old and suffering from Alzheimer's. However, the "focal point of defendants' alleged actions was Texas."
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: February 6, 2024, Case #: 5:23cv499, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Conversion, Jurisdiction
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J. Tostrud grants the bus sellers' motion to compel arbitration of the buyer's claims, which stem from the sellers' alleged failure to disclose the sold bus's salvaged status. While the relationship between the sellers, or indeed whether there is any distinction between them, is unclear, they did not substantially invoke litigation machinery and therefore have not waived their right to compel arbitration under the parties' contract.
Court: USDC Minnesota, Judge: Tostrud, Filed On: January 29, 2024, Case #: 0:23cv748, NOS: Other Fraud - Torts - Personal Property, Categories: Warranty, Contract
J. Flanagan partially denies a crop insurance company’s motion for summary judgment after a farm alleged the company’s agent breached fiduciary duty and committed fraud and negligence when the company did not properly pay on a claim. The farm was able to show sufficient evidence that the agent misrepresented the kind of coverage and amount available to the farm, so their allegations against him survive, but not their claims against the company itself.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: January 26, 2024, Case #: 7:21cv126, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Fiduciary Duty, Negligence
J. Gallagher finds the Kuwaiti royal partially met her burden to prove the lender aided and abetted the fraudster. Therefore, the partial judgment of $469,990 plus prejudgment interest is awarded pending relinquishment of lis pendens on the property. The court grants judgment in favor of the lender for the unjust enrichment claims for all three loans.
Court: USDC Maryland, Judge: Gallagher, Filed On: January 24, 2024, Case #: 1:18cv2958, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Property, Banking / Lending
J. Chun dismisses the consumer's Consumer Legal Remedies Act (CLRA) claims accusing Amazon of passing her information to Audible, which signed her up for a 30-day free Audible trial without her consent. The CLRA notice letter that the consumer sent does not meet the relevant statutory notice requirement because it does not cite what specific CLRA provisions Amazon and Audible violated. If the notice letter is revised, the consumer may plead her case again.
Court: USDC Western District of Washington, Judge: Chun, Filed On: January 23, 2024, Case #: 2:23cv1219, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, Fraud, Consumer Law
J. Curiel rules that a class of consumers may pursue invasion of privacy claims against Carnival for allegedly using embedded recording technology on its travel website without disclosure. Although a cookie policy banner is visible to a user without scrolling, it is smaller than the rest of the typeface found on Carnival's homepage and is placed far below the relevant buttons a user can click. Carnival has not shown that the banner appears immediately or persists for the entirety of a user's visit, so the consumers have sufficiently alleged that they did not consent to the interception of their communications.
Court: USDC Southern District of California, Judge: Curiel, Filed On: January 19, 2024, Case #: 3:23cv236, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Privacy
J. Grosjean recommends granting default judgment and awarding $515,000 to a finance company on its fraud and contract action against an individual. The individual failed to respond to the motion or make an appearance, and the company sufficiently alleges its claims.
Court: USDC Eastern District of California, Judge: Grosjean, Filed On: January 19, 2024, Case #: 1:23cv117 , NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Banking / Lending, Contract
J. Martinez-Olguin dismisses most claims against Catalina Snacks, makers of the Catalina Crunch Keto cereal products, alleging that the cereals' labels misrepresent their ingredients and where the sugar content comes from. The bulk of the claims fail for not showing how the product labels falsely imply from which ingredients the nutritional content is derived, or how they would trick the average consumer.
Court: USDC Northern District of California, Judge: Martinez-Olguin, Filed On: January 18, 2024, Case #: 3:23cv296, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, False Advertising
J. Vilardo denies a motion in which restaurant company Wahlburgers, which is accused of being handicap-inaccessible, sought to file a corporate disclosure statement under seal. The statement is essential to determine whether the court has judicial power over the case, and the company failed to demonstrate the corporate structure and ownership information would damage the business if made public.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: January 16, 2024, Case #: 1:23cv1299, NOS: Other Fraud - Torts - Personal Property, Categories: Ada / Rehabilitation Act, Privacy, Discovery
J. Rodriguez rules in part for automaker Subaru in claims contending the Impreza line boasts defective engine components that cause premature cataclysmic engine piston ringlands failure, as certain claims are duplicative of a similar action. However, claims filed by a New York buyer subclass may proceed because the allegedly fraudulent statements may have gone beyond typical arms' length business transactions, and the company's own owner's manual and warranty information created a reasonable belief that engine pistons constituted non-maintenance lifetime components, with a life expectancy of around 120,000 miles.
Court: USDC New Jersey, Judge: Rodriguez , Filed On: January 11, 2024, Case #: 1:22cv990, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Unfair Competition, Consumer Law
J. Carter dismisses the consumer's class action accusing CVS Pharmacy of misleading consumers by claiming that its Advanced Formula Hand Sanitizer kills 99.99% of germs commonly found on human hands, even though common germs such as Norovirus, Cryptosporidium and others are not effectively killed by alcohol-based hand sanitizers. Although the front label of the product is ambiguous, a reasonable consumer would be expected to look at the back label to get more information. Because the back label explains the germs to which the 99.99% claim applies, the consumer has failed to state a claim that the label is false or misleading to a reasonable consumer.
Court: USDC Central District of California, Judge: Carter, Filed On: January 10, 2024, Case #: 8:20cv1979, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. DeSoto partially dismisses securities claims against a founder of a CBD company from an investing company that claimed it was defrauded of approximately $750,000 by being fed false statements in order to entice its investment. While the investing company has shown evidence of loss stemming from its investment, it has not shown how exactly the statements provided to it were false or how the CBD owner misused the investment funds.
Court: USDC Montana, Judge: DeSoto, Filed On: January 9, 2024, Case #: 1:22cv99, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Securities
J. Freeman denies in large part a summary judgment motion against Zazzle, an online marketplace, regarding copyright claims from a creator of fonts of who says the website has been using her fonts without permission. While the creator prevails on a minor claim as to whether the marketplace consented to a series of website service terms for the fonts, the bulk of her summary judgment is denied due to lingering questions and conflicting expert testimony over whether her fonts are valid copyrights.
Court: USDC Northern District of California, Judge: Freeman, Filed On: January 9, 2024, Case #: 5:22cv4844, NOS: Other Fraud - Torts - Personal Property, Categories: Copyright
J. Seeger denies a formerly pro-se debt case litigant’s motion to remand her class action to state court. The litigant, while defending herself against a debt collection agency in state court, used an online service known as SoloSuit to file an answer to the debt collector’s complaint. However, SoloSuit never filed the answer it generated for her, leaving her scrambling to find a lawyer who could file the answer themselves. She then filed a class action against the makers of SoloSuit, who had it removed to federal court. The litigant attempted to have it moved back to state court, arguing her case doesn’t satisfy the federal court’s amount-in-controversy requirement, but the court disagrees. It finds her class action “plausibly alleges a potential recovery of more than $5 million.”
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: January 8, 2024, Case #: 1:23cv2365, NOS: Other Fraud - Torts - Personal Property, Categories: Debt Collection, Jurisdiction, Class Action
J. Marks dismisses this contract dispute in favor of the real estate company, realtor and property management company from a couple alleging they were given a single termite report upon closing a property sale. The home in question suffered a massive termite infestation and the second termite report was never disclosed to the couple. The couple fails to plead reasonable reliance in their breach of contract, misrepresentation, suppression, deceit and conspiracy claims.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: January 5, 2024, Case #: 1:23cv184, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Property, Real Estate