117 results for 'cat:"Conversion"'.
J. Trauger partially grants the former employee’s motion to dismiss for failure to state a claim in this lawsuit asserting claims for conversion, fraud, breach of fiduciary duty and unjust enrichment in connection with his alleged use of a skid steer “for his own personal or family benefit.” The court will dismiss the company’s fiduciary duty claim, as it has not shown that the claim is timely under the relevant statute.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: May 6, 2024, Case #: 3:23cv862, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Employment, Fiduciary Duty, conversion
Per curiam, the appellate court finds that the trial court properly ruled in breach of contract claims brought by plaintiff for failure to bring fraud claims related to services in converting his dental practice. However, conversion claims should be reinstated in light of text message evidence. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: CA 23-00885 , Categories: Fraud, conversion, Contract
J. Anello dismisses the solar roofing company's RICO and fraud claims against a consultant alleging that she and the company's CEO "siphoned" company money through paycheck protection program loan applications. The company fails to provide details as to "whether, how, when or why" loan proceeds were used to pay the consultant's bills for her personal property. The company further fails to identify on which loan application the consultant is alleged to have made the fraudulent reporting.
Court: USDC Southern District of California, Judge: Anello, Filed On: May 3, 2024, Case #: 3:23cv2323, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, conversion, Racketeering
J. Robie finds that substantial evidence supported a finding that a utility customer aided and abetted the diversion of electricity. He purchased equipment to grow cannabis, made phone calls to the area, collected money that could have come from the operation, and utility employees found no one living at the home while every room was set up to grow cannabis. The same evidence supported a treble damages award of $82,000 plus attorney fees. Affirmed.
Court: California Courts Of Appeal, Judge: Robie, Filed On: April 30, 2024, Case #: C097382, Categories: Damages, conversion
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
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J. Theofanis finds that the trial court properly ruled against car owners who sued a collision repair shop that allegedly forced them to pay fees to recover their car. Because the car owners filed their claims two years and five days from the date of the incident, their claims are barred by the statute of limitations. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: April 24, 2024, Case #: 03-23-00265-CV, Categories: Civil Procedure, conversion
J. Engelmayer denies the Danish shipping company's motion to dismiss an American shipping company's conversion claim it wrongfully took delivery of five of its shipping containers and refused to return them. The Danish shipper cannot avoid liability because it belatedly returned four of the containers, as its rival may be able to show losses from the taking. Further, the court will not strike the American shipper's request for punitive damages at this stage in litigation.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: April 19, 2024, Case #: 1:23cv10283, NOS: Other Fraud - Torts - Personal Property, Categories: Damages, conversion
J. Papillion grants a New York resident’s request for an emergency temporary restraining order against a man she met online, barring him from spending a total of $380,000 she transferred into his private cryptocurrency wallet after he fraudulently represented he was using various websites allegedly owned and operated by Coinbase. She has met all four criteria for the order, which is necessary to prevent the transfer of the New Yorker’s allegedly stolen assets into unidentifiable digital wallets.
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: April 16, 2024, Case #: 2:24cv480, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Restraining Order, conversion
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. Smith finds that the trial court properly denied the city's plea to the jurisdiction in a suit over its alleged mishandling of donations received after the death of a police corporal and other officers who were killed by a sniper during a demonstration in 2016. The city did not show that its actions in contracting with a charitable organization to process the mail and donations were "in the interest of the general public" or constituted a governmental function. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: April 11, 2024, Case #: 10-23-00315-CV, Categories: Immunity, conversion, Jurisdiction
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. Hanen grants summary judgment to the securities and exchange commission finding the bitcoin mining investments, offered by a company whose owners comingled funds, qualified as securities. Although the investments were bogus the scheme still falls under the jurisdiction of the securities and exchange commission and the company and its owners are subject to the agency’s claims against them.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: March 29, 2024, Case #: 4:20cv1187, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, conversion
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
J. Marbley denies the oil and gas drilling company's motion to dismiss, ruling that because the declaratory judgment claim made by the property owner regarding the geologic nature of formations below the Utica shale layer would solve the majority of the parties' dispute, it will proceed.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 18, 2024, Case #: 2:22cv3943, NOS: Torts to Land - Real Property, Categories: Energy, Property, conversion
J. Abrams partially dismisses an employee's claims stemming from the hotel's alleged unlawful withholding of his deferred-compensation funds, which he claims it used to cover operating expenses. He cannot pierce the corporate veil to hold any individual hotel officer liable but may pursue a conversion claim on the $382,000 debt alleged owed to him.
Court: USDC Southern District of New York, Judge: Abrams, Filed On: March 15, 2024, Case #: 1:22cv775, NOS: Other Contract - Contract, Categories: Corporations, Employment, conversion
J. Hall grants the law firm's renewed motion to dismiss the individual's RICO, conversion, breach of fiduciary duty and breach of contract action alleging that the firm stole nearly all of his incentive award from an underlying lawsuit. The court lacks personal jurisdiction over the firm, which is in California. The firm agreed to represent the individual in the then-pending California case while the individual was still living in California. The parties' interactions afterward with the state of Georgia resulted only from the individual's move to Georgia.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: March 15, 2024, Case #: 4:23cv178, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Fiduciary Duty, conversion, Jurisdiction
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. 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. Lauck grants the moving company's motion to dismiss property damage claims. A couple hired the company to remove their belongings from their Virginia home and transport them to Georgia, where they were set to use the proceeds from the sale of their Virginia home to buy a new home. The couple packed their things into boxes and placed them in the garage for the movers to easily access. During the move, an employee for the moving company attempted to disconnect the washing machine but accidentally broke a water line, leading to enough water damage that they could no longer sell the house and so significant that it caused the ceiling over the garage to collapse and destroy their belongings. The couple failed to allege the employees acted in a manner that approached either actual malice or exhibited extreme recklessness, resulting in clearly foreseeable and immediate injury.
Court: USDC Eastern District of Virginia, Judge: Lauck, Filed On: March 4, 2024, Case #: 323:cv474, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Property, Damages, conversion
J. Young denies the truck drivers motion for default judgement. The insurance company refused to cover the losses the truck driver endured when his 1999 Freightliner Classic XL truck was reportedly towed to an impound lot but went missing when he was arrested in 2015. The truck driver believes the insurance company and a separate truck company conspired to steal his vehicle to strip for parts. The truck driver failed to plead a viable private fraud claim, and further, the facts establish that the relevant statute of limitations has expired for the conversion claim.
Court: USDC Eastern District of Virginia, Judge: Young, Filed On: March 1, 2024, Case #: 3:23cv267, NOS: Other Contract - Contract, Categories: Fraud, Insurance, conversion
J. Jolivette Brown grants a request by a Nevada resident for an order freezing $294,000 worth of his cryptocurrency assets traced to private accounts held by a purported investor he is suing for fraud. The litigant has shown that irreparable harm will ensue absent a restraining order, considering the speed with which cryptocurrency transactions are made, as well as the anonymous nature of those transactions. The potential recovery of assets will disappear if the accused is allowed to transfer the allegedly stolen assets into inaccessible digital wallets, which could occur at any moment.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: February 23, 2024, Case #: 2:24cv393, NOS: Other Fraud - Torts - Personal Property, Categories: Evidence, Fraud, conversion
Vice Chancellor Laster declines to dismiss shareholder claims challenging the conversion of a Delaware corporation into a Nevada corporation because the conversion constitutes a self-interested transaction by a controller that benefits fiduciaries while reducing stockholder litigation rights under Nevada law, and thus remains subject to the entire fairness standard.
Court: Delaware Chancery Court, Judge: Laster, Filed On: February 20, 2024, Case #: 2023-0449-JTL, Categories: Fiduciary Duty, conversion
J. Bates grants a bank's motion to dismiss a Slovenian medical equipment company's action arising from $590,000 in wire transfers from Ukrainian businesses it never received. The company's conversion and unjust enrichment claims are precluded by the Uniform Commercial Code, and it fails to support its claims for fraud and tortious interference with a business relationship.
Court: USDC District of Columbia, Judge: Bates, Filed On: February 9, 2024, Case #: 1:22cv2554, NOS: Other Contract - Contract, Categories: Fraud, conversion, Banking / Lending
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