CONTRACTS CIVIL MISCELLANEOUS: Where the plaintiff sought benefit-of-the-bargain remedies and failed to allege a reliance-based injury, the gravamen of the plaintiffs complaint was for the breach of a contract, and the trial court properly dismissed a fraud claim. Generally, under Ohio law, the duty to disclose arises in business transactions only where (1) the parties are in a fiduciary relationship; (2) both parties to the transaction understand that a special trust or confidence has been reposed; or (3) full disclosure is necessary to dispel misleading impressions that are or might have been created by partial revelation of the facts. A civil conspiracy claim requires an underlying tortious act that causes an injury: if there is no underlying tortious act, then t...
... underlying tortious act, there is no actionable civil conspiracy claim.24 Gator argues that the u...
The 7th Circuit March 28 revived a "class of one" civil rights suit brought by a man who was issued 24 sham parking tickets by Chicago police. Somewhere between the first several and the twenty-fourth bogus tickets from officers of the same police unit, [the plaintiff's] grievance rose to the level of an actionable class-of-one discrimination claim," wrote Circuit Judge David F. Hamilton in Geinosky v. Chicago.
The Court of Special Appeals has affirmed a $469,000 verdict for a Perry Hall woman who, according to her attorney, "saw her entire life go up in flames" when she learned that her husband had never divorced his first wife. Ronald L. Bradley Jr. claimed the damages were essentially for breach of a promise to marry, which Maryland does not recognize as grounds for a lawsuit. The appellate court, however, said Dara Lawrence Bradley's causes of action were for misrepresentation, not for a breach of promise to marry. "[Ronald Bradley's] claim that he was divorced constituted a false statement, and such statements are actionable in tort," Judge Stuart R. Berger wrote for the appellate court in an opinion released late Tuesday. "We see no reason to contort this claim into one for breach of a p...
Intellectual Property: Trademark Infringement - Laches - Actionable Claim Where a champagne producer known for its Cristal Champagne brought a trademark infringement action against a Spanish winery over use of the "Cristalino" mark, the district court's grant of summary judgment to the Spanish winery on the grounds that the claim was barred by the equitable doctrine of laches is reversed because there was not an actionable claim in 1995 to support a finding of progressive encroachment, and the court also erred in finding that the winery suffered undue prejudice as a result of the delay in bringing the action.
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