Plaintiff dropped off shipments at a UPS outlet store. UPS was allegedly instructed to ship the items COD and to accept money orders only. UPS accepted checks, some of which misspelled plaintiff’s name and some of which bounced. The court held that UPS could not avoid liability simply because plaintiff…
Plaintiff, a family-owned meat market, purchased an insurance policy which provided for replacement coverage on the business’ building and property. The policy also provided for one year of business interruption coverage. A fire destroyed the business’ inventory and badly damaged the building. When plaintiff submitted a claim, defendant, the insurance…
Eight years after bidding successfully on a foreclosed property, the bidder sought to close. The delay in closing was due, in part, to environmental cleanup demanded by the bidder (as opposed to a refund of his winning bid). The bidder refused to pay accrued taxes and interest on the bid…
Plaintiff sued to enforce a note. Defendant claimed that the Note included an amount of interest which was usurious, thus rendering the Note unenforceable. Plaintiff claimed that defendant, who in the past had been his attorney, knew or should have known that the interest was usurious and could not raise…
A Mediterranean-style restaurant sought to enjoin its landlord from leasing space to a pizzeria, claiming that doing so violated its lease. The lease provided that the owner would not rent space to another store for use as a substantially same restaurant. The restaurant claimed that when the pizzeria expanded, it…
Plaintiff owns the CANDYLAND mark in connection with candy. Defendant owns the mark in connection with games. When defendant licensed the mark to a third-party to use for selling candy, plaintiff sued. In response, defendant claimed that the mark was generic and not entitled to trademark protection as it simply…
Adverse possession is a legal theory that allows one to assert a claim to property that is not his by taking, using and maintaining that property as if it were his. An adverse possession claim is typically asserted where one property owner makes use of part of a neighbor’s property,…
Due to defendant’s failure to comply with certain court orders, the court entered a judgement for liability against defendant in plaintiff’s lawsuit after she fell on defendant’s steps. At inquest, plaintiff was awarded $150,000 for future pain and suffering. Plaintiff died the next day. Defendant argued that the $150,000 awarded…
Plaintiff underwent an abortion at defendant’s facility. Plaintiff specifically told defendant not to contact her at home, as she knew that her parents would not approve of the procedure. Nevertheless, not only did defendant call plaintiff at home, but the nurse provided enough information to plaintiff’s mother so that her…
Plaintiff, a luxury ship owned and used by its residents, sought to expel defendant, a resident, for improper conduct. Because the court found that the resident compromised the safety and comfort of other residents, in violation of the ship’s rules, the ship’s board acted in its discretion. Nonetheless, the court…