Ohio Appellate Court Affirms Trial Court’s Denial of Permanent Injunction and Dismisses a Claim of Tortious Interference
An Ohio appellate court affirmed the trial court’s denial of a permanent injunction to the plaintiff because the evidence did not show that it faced immediate and irreparable injury or harm. It was also held that the trial court properly dismissed the plaintiff’s claim for tortious interference because the plaintiff did not allege that the defendant induced a third party not to continue to do business with the plaintiff.
Total Quality Logistics, LLC v. Tucker, Albin and Assocs.
An Ohio appellate court affirmed the trial court’s denial of a permanent injunction to the plaintiff because the evidence did not show that it faced immediate and irreparable injury or harm. It was also held that the trial court properly dismissed the plaintiff’s claim for tortious interference because the plaintiff did not allege that the defendant induced a third party not to continue to do business with the plaintiff.
Aureus Holdings, LLC v. Kubient, Inc.
In this civil action, the defendant/counterclaim plaintiff (Kubient) filed a partial motion to dismiss the claims of unjust enrichment and tortious interference with business relations by the plaintiff/counterdefendant (Lo70s). The complaint showed that Kubient took actions not covered in the LOI, such as taking without permission the business and assets of Lo70s and persuading specific customers away from Lo70s and to Kubient. As a result of this and other actions of Kubient, the court did not allow a dismissal at this point in the process. The motions were denied.
Court Denies a Partial Motion by Defendant to Dismiss Claims of Unjust Enrichment and Tortious Interference With Business Relations
In this civil action, the defendant/counterclaim plaintiff (Kubient) filed a partial motion to dismiss the claims of unjust enrichment and tortious interference with business relations by the plaintiff/counterdefendant (Lo70s). The complaint showed that Kubient took actions not covered in the LOI, such as taking without permission the business and assets of Lo70s and persuading specific customers away from Lo70s and to Kubient. As a result of this and other actions of Kubient, the court did not allow a dismissal at this point in the process. The motions were denied.
In unusual business tort case, court exhibits flexibility in terms of calculating damages
The 8th Circuit recently upheld a sizable damages award in an unusual business tort case litigated under Nebraska law. One noteworthy aspect in terms of determining economic damages was that the court allowed expert testimony regarding the loss of value to the plaintiff even though the plaintiff did not fail completely upon the wrongdoing.
Cooper Tire & Rubber Co. v. Farese
Expert challenged under Daubert for market cap approach to valuing public company stock in economic damages case.
Assumption Underlying Lost Profits Analysis Challenged as 'Net Opinion'
The New Jersey Superior Court, Appellate Division, determined that an accountant’s lost profits estimate was not a net opinion where the approach used was adequately supported by reference to accounting and industry standards. Rather, it found that the as ...
Fairway Dodge, Inc. v. Decker Dodge, Inc.
The New Jersey Superior Court, Appellate Division, determined that an accountant’s lost profits estimate was not a net opinion where the approach used was adequately supported by reference to accounting and industry standards. Rather, it found that the as ...