13 results for 'cat:"Damages" AND cat:"Conversion"'.
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. 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. 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. Carlyle finds that the lower court improperly awarded loss-of-use damages to the manager of an advertising billboard in this dispute with a car dealership. The car dealership allegedly denied the billboard company access to the billboard structure at issue, and the company sued for conversion. The evidence sufficiently supports the lower court's partial summary judgment in favor of the billboard company, though it does not support the damages award. Reversed in part.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: December 27, 2023, Case #: 05-22-01366-CV, Categories: damages, conversion
J. Wilkin finds the trial court properly awarded treble damages to the property owner for the logger's removal of trees. The logger admitted he saw bits of a barb wire fence and orange dots marking the property line when he surveyed the area, which supported the court's determination his actions were reckless, not negligent. However, the trial court erroneously allowed the owner to recover both treble and punitive damages for the same act, as Ohio law allows only one such award for the destruction of trees. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: December 26, 2023, Case #: 2023-Ohio-4821, Categories: Property, damages, conversion
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J. Robb finds the trial court erroneously limited the damages awarded to the founding partner for overpayments to the physician. The 4-year statute of limitations did not apply to the physician's salary after the parties stipulated to recordkeeping documents submitted to the court and analyzed by their respective expert witnesses. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Robb, Filed On: October 27, 2023, Case #: 2023-Ohio-3908, Categories: Fraud, damages, conversion
J. Dillard finds that the trial court properly denied the company's and company owner's motion to open a default judgment entered against them in a fraud, conversion and breach of contract action brought by the individual seeking constructive trust, an equitable lien and an equitable accounting. The individual alleged that the company did not repay him after failing to invest his money in a luxury van business or provide him with credit monitoring services. The trial court also correctly denied the company's and company owner's demand for a jury trial on damages because they did not file a pleading placing damages in issue. However, the trial court incorrectly awarded attorney fees and litigation expenses. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: October 20, 2023, Case #: A23A0934, Categories: Fraud, damages, conversion
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. McFarland grants the pay-per-view fight licensing company's motion for default judgment, ruling it is entitled to $15,000 in actual and willful damages against the bar owners who broadcasted the copyrighted fight for their patrons without first purchasing a license.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: September 14, 2023, Case #: 1:22cv362, NOS: Cable/Sat TV - Other Suits, Categories: Copyright, damages, conversion
J. May finds that the trial court improperly ruled in claims brought by the homeowners association after residents removed 50 pavers from a common area and used them in their own driveway because the court awarded the association more than the fair market value. Reversed in part.
Court: Florida Courts Of Appeal, Judge: May, Filed On: August 23, 2023, Case #: 4D22-2830, Categories: Property, damages, conversion
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
J. Pfeiffer finds that the lower court properly awarded the wife damages on her petition for conversion against her in-laws following her husband's death. The husband had taken out loans on farming equipment stored at his parent's, but the parents refused to allow the wife to retrieve the equipment. The wife proved that the husband owned the equipment, not her in-laws, and is entitled to punitive damages in addition to the value of the equipment. Affirmed.
Court: Missouri Court Of Appeals, Judge: Pfeiffer, Filed On: July 5, 2023, Case #: WD85395, Categories: damages, conversion
J. Talwani grants the owners of a metaverse default judgment against their former chief marketing officer who allegedly took their company's money and schemed to take control of the company's assets. The owners provided sufficient evidence to show the individual took $564,000 from their non-fungible token sale and, thus, are entitled to that amount of damages, plus post-judgment interest.
Court: USDC Massachusetts, Judge: Talwani, Filed On: May 19, 2023, Case #: 1:22cv11464, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, damages, conversion