Claims for relief: 1. PhoneDog alleged that Kravitz willfully and intentionally obtained and misppropriated confidential information from PhoneDog, primarily the passwords to its Twitter accounts. 2. Kravitz intentionally and negligently interfered with PhoneDog's prosepctive economic advantage by using the confidential information to disrupt PhoneDog's business with current and prospective users. 3. PhoneDog claimed that Kravitz unlawfully converted the Twitter account to his own use by changing the handle, even after PhoneDog requested that he relinquish the account. Counter claims: • Kravitz moved to dismiss the complaint for lack of subject matter jurisdiction under FRCP 12(b)(1), and failure to state a claim under FRCP 12(b)(6). • Kravitz …show more content…
The court denied the motion with respect to lack of jurisdiction, stating that the determination of whether the court has subject matter jurisdiction is so tied up with PhoneDog's claims that it could not be resolved in this early stage. Turning to the substantive claims, the court granted Kravitz's motion with respect to the claims of intentional and negligent interference with prospective economic advantage, finding that PhoneDog failed to assert essential elements of the claim, including the existence of economic relationships and a duty of care. The court denied, however, the motion with respect to the misappropriation of trade secrets and conversion claims. The court also granted PhoneDog leave to amend its complaint. The amended complaint, filed on November 29, 2011, alleges that PhoneDog has economic relationships with its users, including CNBC and Fox News. The amended complaint also claimed that Kravitz owed a duty of care to PhoneDog as a former agent of the company. Dr. Eagle sued her past employer for a long list of claims, winning on the following: 1. Unauthorized use of name 2. Intrusion upon seclusion by appropriation of …show more content…
Eagle, arguing that her LinkedIn connections belonged to the company. The Decision The bittersweet twist in this case is that while Dr. Eagle successfully proved her first three claims, the court held that she had not established any monetary damages, and was therefore awarded $0. Although she did prove her point that the company misbehaved very badly, it is a rather hallow victory. I believe that in the Kravitz vs PhoneDog that Kravitz is the owner of the Twitter account. The twitter account was used for the promotion of the business. I believe once the name was changed it was no longer a business account. I think on a moral level that when the account name was changed he should have deleted all of his prior employer information. I believe that the LinkedIn account did belong to Dr. Eagle. Dr eagle gave permission for staff to post information on her behalf. I think that it was her account because LinkedIn should be more for a person and their company not just for a company. I would have suggested for the Twitter case that the domain should have been changed as part of the termination of his employment. I believe this could have prevented the
Proving Monetary Losses: Plaintiffs must prove their losses by providing receipts for any money paid because of the doctor’s
The client, Mr. Andy Dwyer (“Dwyer”), wishes to bring a wrongful death claim on behalf of his sister, Ms. Kelly Erin Hannon (“Hannon”). Hannon is a deceased employee of Colonial Charm Garden Apartments (“Colonial Charm”). Hannon died after being stabbed during an attempted robbery of Colonial Charm. Dwyer claims Colonial Charm should have known of the increased criminal activity in the area and that Colonial Charm was negligent in failing to provide extra security patrols for the protection of its employees. Dwyer wants to sue Colonial Charm for $3 million for loss of life, wages, future income, and pain and suffering and $3 million in punitive damages.
Facts In 1979, plaintiff Charles Starzynski was working as a program director for Sacramento radio stations, which includes KXPR and KXJZ, which was owned by Capital Public Radio. His supervisor assured Charles that employment would not be terminated if his work performance were satisfactory. Later, the plaintiff signed a written contract stating that the radio station or he can “terminate the employment relationship at any time, with or without cause or advanced notice”. Plaintiff later resigned from the radio station but later filed a complaint against Capital Public Radio station for wrong discharge that violated
Laurence Kaye (“Kaye”), appellant, an attorney, represented Linda Wilson-Gaskins (“Wilson-Gaskins”), appellee, in a wrongful termination lawsuit filed against Wilson-Gaskins’s former employer, Government Employees Insurance Co. (“GEICO”). Following that representation, Wilson-Gaskins filed a complaint against Kaye alleging “legal malpractice.” The Circuit Court for Montgomery County granted summary judgment in favor of Kaye and dismissed Wilson-Gaskins’s complaint. Wilson-Gaskins appealed the dismissal of her claim. We affirmed the judgment of the Circuit Court and held that Wilson-Gaskins failed to make a prima facie case for professional negligence. We further held that a release contained in a settlement agreement between the parties
Reviewing the dispositions, the court denies plaintiff’s cross-motion for summary judgment on both its first and second causes of action….
Defendants, Gerry Goldman and Mary Goldman, by their attorneys, ADLER, MURPHY, & MCQUILLEN LLP, and respectfully moves this Court to dismiss their the Fourth Amended Complaint with prejudice pursuant to section 2-603 of the Code of Civil Procedure, or in the alternative, dismiss Counts, IV, V, VI, VII and VIII of Plaintiffs’ Fourth Amended Complaint pursuant to section 2-619.1 of the Code of Civil Procedure (735 ILCS 5/2-619.1 (West 2014)).
The Hearing Officer has no jurisdiction to rule on whether Petitioner is, or is not, entitled to attorney’s fees under the IDEA, nor whether he is entitled to attorney’s fees under any other law. The District requests that all claims for attorney’s fees be struck and dismissed.
This case was the last appealed case of the series and therefore, no other actions followed. This is because the judge affirmed the case as “an order sustaining demurrer without leave to amend”. This statement means that the plaintiff cannot amend the complaint.
The present claim is related to an insurance agreement. The trial Court conceded the defense of lack of personal jurisdiction presented by the Defendant, Allstate Insurance Company (Allstate) in an amendment to its answer. James Gross (Gross), the Plaintiff appealed the decision. We are now move to determine whether the Superior Court of Camden County erred in dismissing the Complaint on the basis that the Defendant did not have minimum contacts with the forum, and consequently the Court did not have personal jurisdiction over it. We found that the trial court erred in granting the dismissal of the Complaint based on such grounds. In its decision the trial Court applied the “minimum contacts” test as contemplated in International Shoe
21. The malicious and negligent conduct of Piper Reed was reckless disregard of Plaintiff’s rights, harm to physical well-being and invasion of personal space and therefore warrants the imposition of punitive damages.
It was mentioned, employees should be keeping information involving the workplace off their social media. The content that was shared under his personal page dealt with content about company changes. Add in the fact it came from a source that “does not meet standards of factual information” and you have an issue. Tryon was in his right to post this content, however he should have been aware there were consequences. We could argue that Tryon had loyalty to himself to find out more about the company.
5. I agree with the outcome for her to win the case because the case is about pregnancy discrimination at the workplace that the company makes a decision based on the employee pregnancy related complication lead to took her name off the duty list and not allow her return to work. Furthermore, Northwest Airline is biased that treated employees not equal by denying employees to earned benefits upon from laid off
--- The District Court rejected Elliott's criticism and concluded the proper recognition of the necessary and inherent link between a claim of genericide and a particular type of good or service.
After having had two prior complaints stricken, Plaintiffs continue to ignore well-settled authority that proper pleadings are essential to the judicial process . As the Illinois Appellate Court in Rubino v. Circuit City Stores, Inc., 324 Ill. App. 3d 931, 938 (1st Dist. 2001), opined:
A Delaware chancery judge found Mr. Prosser personally, and his corporation, liable for $220 million in damages to the minority shareholders that he “rid himself of” when he merged Emerging Communications into Innovative. Rural Telecommunications Finance Cooperative of Herndon, Va. accused Innovative of 31 breaches of its lending agreement and filed suit to get the $550 million it lent Innovative repaid at once. Virgin Islands regulators accused Innovative 's phone company of making an improper $28.5 million loan to Belize Telecommunications.