41 results for 'cat:"Conversion" AND cat:"Contract"'.
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. Fridy finds that the lower court improperly granted the employers' motion for summary judgment in this breach of contract lawsuit brought by a nurse practitioner whose employment was allegedly terminated before her contract had expired. There are issues of fact precluding summary judgment on the nurse practitioner's contract claim, specifically as to whether or not she was entitled to 60 days' written notice of her termination. The order was appropriate, however, as to her conversion claim. Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: April 12, 2024, Case #: CL-2023-0666, Categories: Employment, conversion, contract
J. Underhill grants in part and denies in part a motion for summary judgment in a case in which Bondsmen did not return a depositor’s funds. The case is timely, and statute of limitations claims by Bondsmen do not apply. The depositor’s claim of fraudulent misrepresentation is denied because the Bondsmen’s representation of legal issuance of the bonds is an issue of fact. The depositor’s motion for summary judgment is denied in part and granted in part.
Court: USDC Connecticut, Judge: Underhill, Filed On: March 28, 2024, Case #: 3:21cv221, NOS: Other Contract - Contract, Categories: Fraud, conversion, contract
J. Jennings grants Allstate's motion to dismiss most claims in this contract and conversion suit. The purchaser of an Allstate-owned, California salvage title vehicle discovered the vehicle was stolen when he was arrested in Kentucky for receiving stolen property. Though the insurance company is now in possession of the vehicle, the purchaser has not been refunded his purchase price. Allstate's causation argument on a factual dispute regarding the arrest and vehicle seizure, as affecting the purchaser's conversion claim, is not dismissed, being better suited to a motion for summary judgment. The purchaser has failed to allege Allstate's behavior was extreme or outrageous, and the tort claim is dismissed. Punitive damages are also not assertable as independent counts.
Court: USDC Western District of Kentucky, Judge: Jennings, Filed On: March 20, 2024, Case #: 3:23cv108, NOS: Other Contract - Contract, Categories: Tort, conversion, contract
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J. Clark finds that the lower court properly dismissed unjust enrichment claims brought against a village in a long-running dispute over the construction and lease of a water tower and related underground infrastructure because the developer's contention that the village had been using the system without permission or payment was barred by prior similar and fully litigated actions. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: March 7, 2024, Case #: CV-23-0452, Categories: conversion, contract
J. Goodwin denies the defendant company's post-judgment motions following a jury trial on the plaintiff companies' claims for breach of contract and conversion in connection with certain purchase orders. The defendant company fails to show that it is entitled to judgment as a matter of law as to the conversion claim. Specifically, it does not establish that "the two jury findings are mutually exclusive."
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: January 29, 2024, Case #: 5:18cv1245, NOS: Other Contract - Contract, Categories: conversion, contract
J. Agee finds the lower court properly granted judgment to the distributor. The appeal centers on the relationship between a manufacturer and a distributor of rotating electrical parts—specifically, starters and alternators—and their disagreement as to who owned the “core value” of thousands of finished parts when their relationship ended. The manufacturer violated its contract with the distributor by failing to supply the agreed-upon number of alternators, and the distributor rightly terminated their contract and sold all remaining parts to its new supplier. Affirmed.
Court: 4th Circuit, Judge: Agee, Filed On: January 3, 2024, Case #: 22-1617, Categories: conversion, contract
J. Ezra declines to adopt a report and recommendations after a previous judge denied default judgment to an outerwear company in a trademark dispute due to what the previous judge said was lack of personal jurisdiction. The outerwear company had decided not to several product lines and had instead entered a contract to destroy and recycle them, but contrary to that agreement some of the products were instead illicitly sold. While the previous judge found that a person sued in the case did not have sufficient contacts in Texas, Texas has “legitimate interests in adjudicating a dispute that involves the sale of goods in Texas and to Texas consumers,” and the outerwear company likewise has “a compelling interest in obtaining relief in the forum where its goodwill and reputation have been damaged” due to alleged illicit sales.
Court: USDC Western District of Texas , Judge: Ezra, Filed On: December 1, 2023, Case #: 1:22cv1337, NOS: Trademark - Property Rights, Categories: Trademark, conversion, contract
J. Trapp finds the trial court properly found the buyer liable on conversion claims filed by the seller. Although the deed to the home had been transferred, this transfer did not allow her to exert dominion over personal belongings remaining in the home, which the seller attempted to collect on several occasions - actions that clearly indicated the property was not abandoned. Affirmed.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: November 13, 2023, Case #: 2023-Ohio-0495, Categories: Real Estate, conversion, contract
J. Whitney denies an accounting firm’s motion to dismiss multiple claims including breach of contract, breach of fiduciary duty and conversion brought by an investor. The firm and the investor each provided $450,000 to an attorney’s trust account after both parties agreed to jointly purchase two FedEx businesses. However, the firm failed to transfer the stock from one of the businesses to the investor as agreed. Because the owner of the firm conducts business in North Carolina, her claim of a lack of personal jurisdiction fails at this stage. The investor also shows sufficient, if minimal, evidence of his allegations, while the owner’s argument of failure to state a claim is unsuccessful.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: November 2, 2023, Case #: 3:23cv306, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Fiduciary Duty, conversion, contract
J. Doughty finds that the wife fails to prove that her estranged husband, now deceased, intended his purchase of a Rolls Royce to be a gift or donation to her. The Rolls Royce, purchased for $315,000, largely remained at the husband's house and he insured it in both his name and his wife's name, which suggests he intended to maintain a form of possession over the car. Witnesses also testified that the husband stated he was just letting his wife use the car and it was not hers.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: November 1, 2023, Case #: 5:22cv335, NOS: Other Contract - Contract, Categories: Wills / Probate, conversion, contract
J. Hodges finds that the trial court improperly granted Costco's motion to dismiss claims for fraud, negligent misrepresentation, breach of contract and conversion raised by the inventor alleging that Costco reneged on an agreement to pay him for implementing a meat inventory management system at Costco's warehouses. The trial court should have ordered the inventor to plead a more definite statement of the fraud claims rather than ordering dismissal. It is also possible that evidence gained through discovery could support the conversion claim. However, the trial court correctly granted the motion to dismiss as to the inventor's quantum meruit claim since the inventor acknowledged he failed to properly state the claim. Reversed in part.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: October 26, 2023, Case #: A23A1055, Categories: Fraud, conversion, contract
J. Marks grants motion for summary judgment and dismisses all of the claims brought by Nigeria against three Alabama State University employees after a dispute began over residual scholarship funds. Nigeria has failed to produce the evidence in support of the claims of declaratory judgment, negligent or wanton hiring, conversion and unjust enrichment.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: October 19, 2023, Case #: 2:21cv572, NOS: Other Contract - Contract, Categories: Education, conversion, contract
J. Huff declines to reconsider a judgment awarding the employer $55,000 in damages for its lawsuit against the former employee, who was accused of failing to perform his job and then stealing confidential intellectual property from the employer to create his own company. The employer provided sufficient evidence to show that the employee did not produce any functioning work-product during his employment as a software engineer. The employer also submitted exhibits in which the employee claimed to have the company's intellectual property and was attempting to sell it.
Court: USDC Southern District of California, Judge: Huff, Filed On: October 10, 2023, Case #: 3:20cv259, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Trade Secrets, conversion, contract
J. Pallmeyer denies the defendant tech startup’s motion to dismiss fraud, conversion, unjust enrichment and breach of settlement claims brought by a group of investors. The investors invested over $600,000 in the startup’s plan for a platform to verify NFTs, only for the plan to fall through. Though the startup offered to recoup the investors’ losses, it never followed through on that either. The court finds the startup has offered no compelling arguments for dismissal, but nonetheless urges the parties to seek a settlement.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: October 2, 2023, Case #: 1:22cv6852, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, conversion, contract
J. Sutton finds that although the employer's executive testified he had no knowledge of employees ever being gifted ownership shares in the company and that its policy was to buy all outstanding shares when an employee left the company, the trial court properly determined the former employee established ownership of stock shares. Not only did the employee's own testimony refute that of the executive, but he had physical ownership documents of the shares of stock. Furthermore, the trial court properly refused to increase damages, as the executive's testimony and supporting documentation regarding dividends provided by the company were sufficient to allow the court to properly calculate dividends owed to the former employee. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Sutton, Filed On: September 18, 2023, Case #: 2023-Ohio-3291, Categories: Damages, conversion, contract
J. Doughty grants a pre-trial request by the biological child of a Louisiana resident, finding the state’s “Dead Man Statute” bars her stepmother from introducing text messages and oral conversations with her father regarding a $315,000 Rolls Royce Phantom he allegedly gave to his wife one week before he died. The stepmother unsuccessfully argues that the statute’s hearsay prohibition does not apply to her suit against the stepdaughter for posthumous conversion of the luxury car to cash. The stepmother failed to comply with certain procedural requirements that would allow her to introduce the documents and a video as evidence of her ownership. Further, applying the Dead Man’s Statute to the conversion suit would encourage other litigants to “forum shop.”
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: September 14, 2023, Case #: 5:22cv335, NOS: Other Contract - Contract, Categories: Evidence, conversion, contract
J. Doughty grants a pre-trial request by the biological child of a Louisiana resident, finding the state’s “Dead Man Statute” bars her stepmother from introducing text messages and oral conversations with her father regarding a $315,000 Rolls Royce Phantom he allegedly gave to his wife one week before he died. The stepmother unsuccessfully argues that the statute’s hearsay prohibition does not apply to her suit against the stepdaughter for posthumous conversion of the luxury car to cash. The stepmother failed to comply with certain procedural requirements that would allow her to introduce the documents and a video as evidence of her ownership. Further, applying the Dead Man’s Statute to the conversion suit would encourage other Louisiana litigants to “forum shop.”
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: September 12, 2023, Case #: 5:22cv335, NOS: Other Contract - Contract, Categories: conversion, Discovery, contract
J. Vasquez partially grants the former executive's motion to dismiss several of the packaging distributor's claims against him in its suit alleging that he misappropriated confidential information around the time of his departure from the company. The company's breach of fiduciary duty and duty of loyalty claims survive insofar as they allege that the executive breached those duties by sending himself information. A claim under the New Jersey Computer Related Offenses Act is dismissed since the company has not sufficiently pled that it was "damaged in business or property" by the alleged misappropriation of information, and a conversion claim is dismissed since the company has not alleged that the president took physical documents or that he deprived the company of the use of its confidential information. Claims under the Defend Trade Secrets Act and the New Jersey Trade Secrets Act survive.
Court: USDC New Jersey, Judge: Vasquez, Filed On: September 1, 2023, Case #: 2:22cv4967, NOS: Other Contract - Contract, Categories: Trade Secrets, conversion, 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