15 results for 'cat:"Fraud" AND cat:"Jurisdiction" AND cat:"Contract"'.
J. Snyder denies a company's motion to dismiss a business founder's allegations that after acquiring his business, the company violated the put agreement by failing to pay his retention bonus or fund the purchase of his remaining shares. Diversity jurisdiction has been established. The founder has sufficiently alleged his promissory fraud claim. The put agreement does not waive the founder's right to a jury trial. A stay is not warranted, as the arbitration proceedings are limited to employment agreement disputes, while this matter is regarding a put agreement dispute.
Court: USDC Central District of California, Judge: Snyder, Filed On: April 15, 2024, Case #: 2:23cv9055, NOS: Other Contract - Contract, Categories: fraud, jurisdiction, contract
J. Dorsey denies the Russian car dealer's motion for a preliminary injunction seeking to have his bank account unfrozen. The dealer's appearance at a dealer show was canceled, his cars were transferred to California and his bank account was frozen after the company stopped manufacturing cars when Russia invaded Ukraine. The dealer does not satisfy any standard for injunction. His motion just states the company president's reasons for freezing the account are false, says the account should not have been frozen, and states without evidence the president's actions have damaged the company.
Court: USDC Nevada, Judge: Dorsey , Filed On: April 11, 2024, Case #: 2:22cv1774, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, jurisdiction, contract
J. Vratil rules a pet food equipment company may pursue unjust enrichment claims against commercial food byproducts company. The pet food equipment company sufficiently alleged that the commercial byproducts company overcharged it for goods and services, and "kept its descriptions vague" in order to mark up its profit margin.
Court: USDC Kansas, Judge: Vratil, Filed On: March 18, 2024, Case #: 2:23cv2575, NOS: Other Contract - Contract, Categories: fraud, jurisdiction, contract
J. Liman partially denies the Louisiana law firm's motion to dismiss breach of contract claims stemming from its role in persuading the buyer to sign an escrow agreement for the purchase of $1 million in medical gowns. The buyer sent the initial $113,000 payment, but never received any gowns and the firm never returned the money. The firm is subject to jurisdiction in New York based on its communications into New York with the purpose of completing the transaction.
Court: USDC Southern District of New York, Judge: Liman, Filed On: March 4, 2024, Case #: 1:22cv9586, NOS: Other Contract - Contract, Categories: fraud, jurisdiction, contract
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J. Gordon denies the signature canvassers' motion to dismiss the fraud claims. The public education advocacy group says it was defrauded out of more than $2.2 million in a failed signature gathering effort supporting a ballot initiative. The assignee of the advocacy group says the canvassers did not obtain valid signatures at the claimed rate. The canvassers' contacts with the forum were not random, fortuitous, attenuated, or based solely on the advocacy group's location. The claims are assignable, arising out of the canvassers' forum-related activities, and exercise of jurisdiction is reasonable.
Court: USDC Nevada, Judge: Gordon , Filed On: January 17, 2024, Case #: 2:23cv69, NOS: Other Contract - Contract, Categories: fraud, jurisdiction, contract
Vice Chancellor Glasscock dismisses claims seeking to direct an escrow agent to release funds under the parties' contract because the request is inadequate to invoke subject matter jurisdiction. Negligent misrepresentation counterclaims also fail to invoke such since the buyers' relationship to the sellers had been contractual and had not been equitable.
Court: Delaware Chancery Court, Judge: Glasscock, Filed On: September 15, 2023, Case #: 2022-0815-SG, Categories: fraud, jurisdiction, contract
J. Kleeh denies the former landsman’s motion for summary judgment in his breach of contract suit against the Texas professional land management limited partnership claiming after contracting with him in 2012 to open and operate its West Virginia office, the managing member defrauded him out of an equity interest in the partnership. The court finds since he failed to demonstrate how Texas had “a more significant relationship to the transaction, the parties, or their business arrangement” the presumption is West Virginia law applies to the landsman’s fraud and unjust enrichment claims since that is where he performed his duties.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: August 21, 2023, Case #: 1:22cv7, NOS: Other Contract - Contract, Categories: fraud, jurisdiction, contract
J. Poplin partially grants the defendant companies' consolidated dismissal motion in this lawsuit alleging breach of contract and promissory fraud in relation to a disputed business agreement. The plaintiff paper supplier indicates that it expected to be the defendant companies' sole supplier. However, there was no "fully integrated written agreement," and the purchase orders at issue "do not evidence an exclusivity agreement." Accordingly, the contract claim is dismissed. Also, the court lacks personal jurisdiction over the parent company, which is incorporated and based in Mexico.
Court: USDC Eastern District of Tennessee , Judge: Poplin, Filed On: August 1, 2023, Case #: 3:22cv459, NOS: Other Contract - Contract, Categories: fraud, jurisdiction, contract
J. Ezra adopts a report and recommendations and dismisses a contract dispute brought by U.S. company against a Chinese manufacturer over “the sale of 100,000 defective Covid-19 test kits.” The manufacturer did not directly sell the kits to the American company as the tests instead came to the company “indirectly” after multiple purchases and sales, and the U.S. firm was never able to establish that this court has jurisdiction over the Chinese manufacturer. Facebook posts from the manufacturer provided by the company actually “hurt their argument,” as it raised further questions concerning whether the manufacturer had any direct business ties to the United States or Texas.
Court: USDC Western District of Texas , Judge: Ezra, Filed On: June 13, 2023, Case #: 1:22cv504, NOS: Other Contract - Contract, Categories: fraud, jurisdiction, contract