Defendants in a case involving a conversion claim may not win summary judgment in a federal court. The defendants must show that the judgment should be reversed Otterson’s and remanded to the state court.
Defendants’ arguments
Defendants’ arguments against Kevin Otterson’s claims for federal common law are a mixed bag. Otterson’s claim for a usury is flawed as it fails to provide any evidence of how Otterson would have had a fair opportunity to acquire adequate liability insurance. There is no evidence to suggest that Otterson converted property to his employer, FedEx or Kinko’s.
Otterson’s claim for a federal common law tort is also misguided. He does not prove that the defendants are liable for his actions and the court does not have diversity jurisdiction over his claims. The court’s order should be modified by remanding the case to the Circuit Court of the State of Oregon.
Otterson’s claim for sex fraud and transporting child pornography was not the shortest in the universe. The United Mine Workers v. Gibbs case was the United Mine Workers v. Gibbs if you are a miner.
Otterson’s claim for obtaining the moon is not as well-developed as his claim for obtaining a lifetime supervised release. This court should have a look at Otterson’s other claims, as well. The claim for a federal common law tort arising from Otterson’s complaint is moot, as it is preempted by federal law.
Otterson’s claim for the federal common law tort arising from his complaint should be the same as the Federal Aviation Administration’s airbill. The airbill, while not perfect, is a contract of carnage that is clearly stated. It does not require Otterson to pay more than $100 for loss of goods without a higher declared value.
Conversion claim is a pure creature of state law
Using the law against conversion can be a good way to find effective relief for property that has been wrongfully taken from you. In conversion cases, a plaintiff does not need to prove that the defendant intended to do any harm to the property. In most cases, damages are based on the fair market value of the property at the time of conversion. However, certain cases require special calculations.
The most common way to commit conversion is to take personal property without the owner’s permission. For example, a defendant might remove a piece of jewelry from the owner’s house and sell it at a local market. A defendant could also publish content or take a document from a desk without the owner’s permission.
In conversion actions, it is not necessary for the plaintiff to show that the defendant’s actions were due to a mistake. In some cases, a plaintiff can prove that the defendant was acting with a reasonable knowledge of the facts. In addition, in some cases, a plaintiff can prove that she consented to the defendant’s actions.
In order to find a remedy for conversion, a plaintiff will need to prove that the defendant wrongfully took property. This is usually done by showing that the defendant acted with knowledge that the property was not the owner’s.
Summary judgment should be remanded for further proceedings in state court
Despite the fact that the defendants’ Motion for Summary Judgment is denied, the court is compelled to adopt the findings and recommendation of the trial court in this case. The court considered all pleadings and arguments submitted in the case, and considered the oral argument on behalf of the parties. The court was persuaded that the plaintiff’s motion for summary judgment is a moot point.
Likewise, the court was not convinced by the defendants’ arguments that there are no genuine issues of material fact to be weighed. The court was also persuaded that the claim cited by the plaintiff’s counsel was a complete dud. It was the plaintiff’s contention that a third party’s liability could be mitigated by purchasing a low value declaration, and a similar argument was made by defendants, but this argument fails as a matter of law.
The court concluded that the best case scenario was that the defendants’ motion for summary judgment would be denied, and the case would be remanded to the Circuit Court of the State of Oregon, County of Multnomah for further proceedings. The court also noted that the defendants’ motion for summary judgment was not joined by Campisi and Bell.
Finally
The court also considered the fact that the defendants’ motion for summary judgment is a moot question. There are no genuine issues of material fact relating to whether Otterson’s claims are preempted by the FedEx airbill and Service Guide.
