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Tag Archives: Conversion

Tort/Negligence – Conversion – Funds – Bona Fide Purchaser – Tracing Funds – Constructive Trust – No Fiduciary Relationship – Other Circumstances (access required)

Variety Wholesalers, Inc. v. Salem Logistics Traffic Services, LLC Where plaintiff claims the defendant-lender converted funds that plaintiff transferred to the defendant-borrower, the court holds that funds transferred electronically may be sufficiently identified through evidence of the specific source, specific amount, and specific destination of the funds in question.

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Contract – Possessory Liens – Personal Property – Motorcycle Engines – Tort/Negligence – Conversion – Trespass to Chattels (access required)

Vaseleniuck Engine Development, LLC v. Sabertooth Motorcycles, LLC After plaintiff notified defendant that plaintiff was asserting a possessory lien on 35 of the 50 motorcycle engines that defendant had ordered and partially paid for, defendant requested a judicial hearing. Nonetheless, plaintiff sold three of the engines at auction. Although the evidence before the trial court was sufficient to raise an inference that plaintiff failed to substantially comply with G.S. § 44A-4, this is a factual issue which can be determined only by a jury.

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Tort/Negligence – Conversion – Damages – Unfair Trade Practices – Branch Office Takeover (access required)

Knight’s Medical Corp. v. Pickett A brother hired his sister to start up a branch office – intended to be a franchise, eventually – of his durable medical equipment business. Years later, the brother fired the sister; despite a non-compete agreement, the sister started running her own durable medical equipment business from the branch office location. The brother’s evidence of what it cost to set up and run the branch office supported the trial court’s award of damages for the sister’s conversion of the branch office.

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Labor & Employment – Tort/Negligence – Wrongful Discharge – Race Discrimination Claim – Attorneys – Mortgage Securitization Work – Performance — Conversion (access required)

Springs v. Mayer Brown, LLP Despite significant evidence that plaintiff was performing poorly as an associate at the defendant-law firm, not long before a partner fired her, the same partner filed an affidavit with the New York State Court, Appellate Division, regarding plaintiff’s performance and suitability as a “waive-in” candidate for admission to the New York Bar. In that affidavit, the partner averred that he supervised plaintiff and that her duties were “satisfactorily” performed. This is some evidence that the law firm’s proffered reason for firing plaintiff - poor job performance - was a pretext for discrimination.

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Insurance – Health – Equitable Subrogation — Tort/Negligence – Conversion – Settlement Funds – Insureds’ Auto Accident (access required)

Group Health Plan for Employees of Barnhill Contracting Co. v. Integon National Insurance Co. The plaintiff-health plan had a lien on settlement proceeds; nevertheless, defendant paid the full settlement proceeds to plaintiff’s insureds. Although the doctrine of equitable subrogation would allow plaintiff to make any claims available to its insureds, equitable subrogation is not a claim in itself, and the only claim asserted by plaintiff - conversion - is not one that belonged to its insureds, nor is it supported by our case law. We affirm summary judgment for defendant.

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Tort/Negligence – Conversion – Money – Exact Funds – Constructive Trust – No Fiduciary Relationship (access required)

Variety Wholesalers, Inc. v. Salem Logistics Traffic Services, LLC In the parties' agreement for defendant Salem Logistics to audit plaintiff's freight bills, plaintiff did not specify that Salem was required to pay plaintiff's carriers with the same exact funds that plaintiff transferred to Salem. In fact, plaintiff's witnesses said it would have been fine for Salem to pay plaintiff's carriers out of Salem's general funds. Therefore, plaintiff failed to show that Salem accepted the payments with the intent to redeliver the exact funds.

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$5.2M award in dispute over competing medical equipment business (access required)

On July 11, 2008, Kight’s Medical Corp. (“KMC”) filed a lawsuit in the Superior Court of Wake County against Ginger Kight Pickett (“Pickett”), the former manager of KMC’s Chesapeake, Va., branch; and Atlantic Home Medical (“AHM”), the durable medical equipment ...

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