26 results for 'cat:"Fraud" AND cat:"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. 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. 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. 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
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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. 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. 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
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
J. Herndon finds the trial court properly granted summary judgment to the wife of the gambling strategies publisher. The casino systems manufacturer accused the publisher of redirecting funds through his wife as part of its complex claims including RICO, conspiracy, conversion, and unjust enrichment brought against several entities and individuals. The manufacturer's evidence is insufficient to raise an issue of genuine material fact the wife was engaged in civil conspiracy unrelated to a kickback scheme. Affirmed in part.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: January 31, 2024, Case #: 85618, Categories: fraud, conversion, Racketeering
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. 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. Wilson finds that the trial court properly ruled against the plaintiff non-profit in a dispute involving "nonprofit corporations and women from the state of Anambra in Nigeria engaged in charitable works." The plaintiff non-profit failed to show it was entitled to judgment on its claims, and it inadequately briefed and/or failed to preserve its other issues on appeal. Affirmed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: October 24, 2023, Case #: 14-22-00184-CV, Categories: Corporations, fraud, 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. 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. 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. Barrett denies the funding group's motion to dismiss, ruling the lender's allegations the group knew several health care companies were precluded from assigning receivables to another company are sufficient to plead a conversion claim under Ohio law. Meanwhile, allegations the funding group concealed its transfers with the health care companies meet heightened pleading requirements for the fraudulent transfer claim and allow that claim to proceed.
Court: USDC Southern District of Ohio, Judge: Barrett, Filed On: September 14, 2023, Case #: 1:21cv691, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: fraud, conversion, Banking / Lending
J. Seeger partially grants a pair of former executives' motion to dismiss fraud, conversion and conspiracy charges brought by the packaging company they once led. The company filed the charges against the former executives, both of whom it previously let go, after discovering they had set up a digital back door into its confidential files. This back door, in the form of a bogus employee email account, allowed the executives to access company information long after they had been let go. The company has plausibly alleged its fraud claims, but its conversion and civil conspiracy claims are both blocked by the Moorman doctrine.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: July 26, 2023, Case #: 1:22cv6858 , NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: fraud, Trade Secrets, conversion
J. Dever denies, in part, an individual's motion to dismiss an investment company's claims related the individual's alleged misappropriation of funds from its virtual wallet. The company sufficiently pleads its claims for conspiracy and conversion.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: July 25, 2023, Case #: 5:22CV503, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Securities, conversion
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