The plaintiff-insurance agent alleges that defendant Griffin—owner of defendant Griffin Insurance Agency (GIA), originally a captive agency of Nationwide Mutual Insurance Co.—continuously compelled plaintiff to write business for First Choice Insurance Brokers, LLC, an insurance agency owned by Griffin’s wife ...
Read More »Tort/Negligence — Motions to Amend – Corporate – Trusts & Estates – Assignment – Unfair Trade Practices – Affiliated Companies
The plaintiff-trustees seek to amend their complaint against a limited liability company and its surviving members to assert a claim that the surviving members defrauded a late LLC member before his death. Even if the deceased member’s estate possessed a ...
Read More »Tort/Negligence — Negligent Misrepresentation & Fraud – Banks & Banking – Loan Officer’s Representation
Where (1) plaintiff was an experienced real estate investor; (2) he had never done business with the defendant-bank before; (3) after a loan officer assured him that his application for a home equity line of credit (HELOC) would go through, ...
Read More »Tort/Negligence — STCA – Administrative – Agency Negligence – Public Duty Doctrine – Adult Care Home
Where the plaintiff-adult care home alleges the defendant-agency harmed plaintiffs by negligently suspending admissions to the home and issuing statements of deficiencies, the State Tort Claims Act waives the agency’s sovereign immunity. We affirm the Industrial Commission’s denial of the ...
Read More »Tort/Negligence — Unfair Trade Practices – Corporate – LLC Members – ‘In or Affecting Commerce’
Even though a member of the parties’ limited liability company involved his wholly-owned corporation in his alleged misuse of the LLC’s property, the parties’ dispute is still sufficiently internal that it is not “in or affecting commerce” within the meaning ...
Read More »Tort/Negligence — Contract – Tortious Interference – Justification – Letter of Intent
The counterclaimants allege that the counterclaim defendants agreed to abandon their unsuccessful business-to-business (B2B) efforts and to act as distributor for counterclaimants in that market. Counterclaimants also allege that, once the counterclaim defendants saw counterclaimants’ success in the B2B market, ...
Read More »Tort/Negligence — IIED & Libel – Publication – Craigslist & Facebook Ads
Where plaintiff found the libelous Craigslist ad posted by defendant Clark, presumably others could find it, too. Plaintiff sufficiently showed defendant had “published” the Craigslist ad. We affirm judgment for plaintiff. Plaintiff and defendant Clark were married. Clark began an ...
Read More »Tort/Negligence — IIED & Alienation of Affection – Punitive Damages – Post-Separation Sex – Lay Witness – Device Copying
The plaintiff-wife sued defendant Barrett for both intentional infliction of emotional distress (IIED) and alienation of affection. The trial court instructed the jury on punitive damages for the IIED claim. Contrary to Barrett’s contention, there is no requirement of pre-separation ...
Read More »Tort/Negligence – Claim that contamination at Camp Lejeune caused a death is dismissed
Where a widow alleged her husband’s death was caused by his exposure to contaminated water and environmental toxins while he was stationed at Camp Lejeune, her complaint was dismissed. The alleged exposure occurred in the course of the decedent’s day-to-day, ...
Read More »Tort/Negligence – Parent fails to show school board engaged in viewpoint bias
Where a parent claimed the school board violated his First Amendment rights by restricting his speech at meetings, the board took the action because he had personally attacked individual board members. To the extent the speech of other parents was ...
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