11 results for 'cat:"Fiduciary Duty" AND cat:"Conversion"'.
J. Ludwig partially grants motions to dismiss from former employees and business partners of the car dealer claiming they violated multiple state and federal laws during a soured business deal related to the dealer's entry into the market for car financing and insurance products and services. Many of the dealer's "conclusory assertions" and "over-the-top rhetoric" do not fit the facts presented, so its RICO Act claims, Lanham Act claims and unjust enrichment claims against the former employees and one of the businesses it partnered with are dismissed. Surviving, in part, are trade secrets claims against three former employees and the business partner, and identity theft, civil conspiracy and aiding and abetting claims against the former employees.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: May 10, 2024, Case #: 2:23cv1204, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: fiduciary Duty, conversion, Contract
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
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
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. 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
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J. Wood partially grants the defendant nonprofit’s motion to dismiss a trademark suit brought by the plaintiff nonprofit. The suing nonprofit, which works to benefit people living in Chicago’s Chinatown neighborhood, claims the sued nonprofit is unfairly competing with it using a name nearly identical to its own, especially in abbreviation — CCBA vs. CCBASC. The court grants the defendant nonprofit’s motion to dismiss only as to the plaintiff’s claim for usurpation of corporate opportunity. The remaining trademark, breach of fiduciary duty and conversion claims still stand.
Court: USDC Northern District of Illinois, Judge: Wood, Filed On: September 30, 2023, Case #: 1:21cv4370, NOS: Trademark - Property Rights, Categories: Trademark, fiduciary Duty, conversion
J. Griggsby denies in part a cryptocurrency company's motion to dismiss allegations brought by the creator of its business model after he recruited a group of partners who ultimately pushed him out. Personal jurisdiction cannot be applied to the partners who do not reside in Maryland. However, the creator does successfully state a conversion claim as to the company's website and social media accounts under Utah law, where the creator lives.
Court: USDC Maryland, Judge: Griggsby, Filed On: September 22, 2023, Case #: 1:22cv1085, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, fiduciary Duty, conversion
J. Bray denies, in part, both sides' motion for summary judgment in a dispute over an estate's assets. There are genuine issues of fact regarding the estate's claims for conversion, conspiracy and breach of fiduciary duty.
Court: USDC Southern District of Texas, Judge: Bray, Filed On: June 27, 2023, Case #: 4:21cv301, NOS: Other Fraud - Torts - Personal Property, Categories: Wills / Probate, fiduciary Duty, conversion
J. Ceresia finds that the lower court properly dismissed conversion claims brought after money held in escrow from a land sale in which plaintiff's late husband held an interest passed to his former business partner during the purchase of two businesses they co-owned. The general release from claims as contained in the sale as signed by plaintiff did not contain a carve-out for the escrow money, and the release shielded the law firm handling the partner's purchase from fiduciary duty claims. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: June 22, 2023, Case #: 535583, Categories: fiduciary Duty, conversion, Contract
J. VanMeter finds that an estate was properly granted summary judgment in waste, fraud, conversion, and fiduciary duty claims contending beneficiaries depleted the estate because depletion constituted permissive rather than voluntary waste. Reversed in part.
Court: Kentucky Supreme Court, Judge: VanMeter, Filed On: June 15, 2023, Case #: 2022-SC-0056-DG, Categories: Fraud, fiduciary Duty, conversion
[Consolidated] J. Wallis finds largely in favor of the daughter in a dispute over the dissolution of the mother and father's marriage, the distribution of assets from a dissolved family business, and the conversion of the dissolved business's assets to benefit a new business started by the son. The trial court's denial of the father's motion to dismiss the daughter's shareholder action and its liability and damages determinations are upheld without discussion, but the case is remanded for the trial court to handle a narrow matter in the marriage dissolution, specifically so it can enter an exact value on a worksheet meant to equitably divide the shareholder derivative damages. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Wallis, Filed On: June 9, 2023, Case #: 22-0803, Categories: Family Law, fiduciary Duty, conversion