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Cases cited for the legal proposition you have searched for.

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1

...conversion claim must be dismissed because Maryland courts have not recognized the tort of conversion for intangible property such as television programming. Joe Hand responds that Maryland has not yet...law in Maryland is not conclusive, the conversion claim should survive 12(b)(6) analysis. Under Maryland law, intangible property rights may only be the subject of a claim for conversion...been transferred." Id. Thus, in order to state a claim for conversion, a complaint must contain facts alleging that "tangible documents" evidencing the property interests were improperly transferred. Id. As this court has observed, it is unclear whether Maryland courts would recognize a conversion claim for intangible property...


Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
Date: Nov 19, 2012 Cited By: 19 Coram: 1
2

..., 2011 WL 5386358, at *3–5, 2011 U.S.Dist. LEXIS 137226, at *12–16 (N.D.Ill. Nov. 7, 2011) (dismissing common law conversion claim under Illinois law in Cable Act case, because “Illinois courts have not yet extended the tort of conversion to intangible property like television programming”). To the extent that a similar analysis is applicable here, it appears to be debatable, at best, whether Maryland courts would recognize a conversion claim for intangible...47 U.S.C. § 605; (2) violation of 47 U.S.C. § 553; and (3) a common law tort claim for conversion. Mayreal and...Cable Act Violation Finally, Mayreal argues that the Amended Complaint fails to state a claim under § 605, § 553, or for conversion, “because the complaint does not contain...


Court: United States District Court, D. Maryland.
Date: Feb 1, 2012 Cited By: 48 Coram: 1
3

...cannot maintain a conversion claim for intangible property unless the property is "intangible goods where the intangible property relations are merged into a document." See id. at 439 (citations...Preit-Rubin's conduct was actually improper or that the State will not honor its commitments to the property, his claim for intentional interference with prospective economic advantage fails as a...matter of law. 2. Conversion Acierno's claim for conversion also fails as a matter of law. Conversion...


Court: United States District Court, D. Delaware.
Date: Feb 13, 2001 Cited By: 31 Coram: 1
4

...taking or detention of plaintiff's intangible property, and as such, the bringing of the cause of action is governed by the four-year limitations period of R.C. 2305.06. Id. at 5. Notably, the court did not reject the idea of a claim for conversion of...such intangible property. When the case was appealed further, the Ohio Supreme Court agreed with the Tenth District that the claim for conversion of.... Moreover, as we said earlier, conversion actions are allowed where an intangible property interest is identified with a document. See, e.g., Zacchini, 47 Ohio St.2d at 226-27, and Resource Ventures, Inc. v. Resources Mgt. Int., Inc. (D.Del. 1999), 42 F. Supp.2d 423. For example, in Resource Ventures, the court allowed a claim for conversion of...


Court: Court of Appeals of Ohio, Second District, Montgomery County.
Date: Jun 23, 2000 Cited By: 167
5

...permit a conversion claim for intangible intellectual property. Margae, Inc. v. Clear Link Techs., LLC, 620 F.Supp.2d 1284, 1287 (D...No. 22 at 1. Defendants also seek to dismiss Plaintiff's conversion claim, pursuant to Fed.R.Civ.P. 12(b)(6), upon the grounds that Utah law applies to this claim and Plaintiff cannot bring a conversion claim for intangible property under...to this dispute, the United States District Court for the District of Utah has held that Utah law does not allow a conversion claim for intangible intellectual property. Margae, 620 F.Supp. at...


Court: United States District Court, District of Maryland
Date: Sep 22, 2023 Cited By: 0 Coram: 1
6

..."Utah . . . does not allow a conversion claim for intangible property." (ECF No. 144 at 47.) In support of this proposition, Defendants cite Margae, Inc. v. Clear Link Techs..."Utah law would allow a claim for conversion of intangible property" had "not been answered by Utah courts." Margae, 620 F. Supp. at 1287. Neither party has provided the court with any Utah...authority resolving this question. Nor has the court found any in its own research. But this court is still "convinced that Utah would not allow a conversion claim for intangible . . . property." Id...


Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
Date: Dec 21, 2018 Cited By: 5 Coram: 1
7

...law conversion claim under Illinois law in Cable Act case, because "Illinois courts have not yet extended the tort of conversion to intangible property like television programming")). "To the extent that a similar analysis is applicable here," I reasoned that "it appears to be debatable, at best, whether Maryland courts would recognize a conversion claim for intangible..., at *3 (D. Md. July 3, 2012), "Maryland clearly requires the intangible property right allegedly converted to have been merged into a transferable document. Plaintiff offers no such document. Accordingly, Plaintiff's conversion claim will be dismissed." The same result obtains here. B. Motion to Withdraw B. Darren Burns, Esq., counsel for defendants...that point, because plaintiff's conversion claim is defective as to all defendants for other reasons, explained infra. J & J acknowledges that "this Court is...


Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
Date: Oct 24, 2012 Cited By: 2 Coram: 1
8

...points to courts in other states, including New York, Minnesota, Arkansas, Ohio, and Nevada, that allegedly recognized claims for conversion based on rights in intangible property. The Seventh Circuit has addressed whether Illinois law recognizes a claim for...reject conversion claims about intangible property. See, e.g., FW Assocs. LLC v. WM Assocs. LLC, 2019 WL 354953, at *4 (N.D. Ill. 2019). SCOTTeVEST has not come forward with any authority from Illinois courts recognizing a conversion claim for intangible...property. As the law stands, intangible property (standing alone) cannot give rise to a conversion claim. Count V is therefore dismissed. Conclusion For the...


Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
Date: Nov 20, 2020 Cited By: 2 Coram: 1
9

..., and he is therefore entitled to relief under New York law. It is unclear, however, whether electronic data may be the subject of a conversion claim under New York law. Compare Sporn v. MCA Records, Inc., 58 N.Y.2d 482, 489, 462 N.Y.S.2d 413, 448 N.E.2d 1324 (1983) (noting that "an action for conversion will not normally lie, when it involves intangible property") with...). A survey of New York state case law reveals that the issue of whether a conversion claim may apply to electronic data is unsettled. The New York Court of Appeals has held that a conversion claim may not lie for intangible property. See...; Agar, 264 N.Y. at 251, 190 N.E. 479. The intangible property thus becomes convertible by way of merger. It is unclear and unresolved, however, whether this rationale applies to electronic data. The Ninth Circuit has applied the merger rationale to enable a conversion claim for an...


Court: United States Court of Appeals, Second Circuit.
Date: Aug 21, 2006 Cited By: 360 Coram: 1
10

.... {¶ 8} "I. The court erred in not granting a directed verdict on the defendant's conversion claim." {¶ 9} Elias appeals arguing that a "dental practice" is intangible property that cannot be converted or stolen. Furthermore, Elias argues that there is no evidence to support the value of said "practice." Finally, Elias alleges that no tangible objects were stolen and thus both motions were improperly denied. {¶ 10} A motion for directed...); Conant v. Karris (1987), 165 Ill. App.3d 783 (claim for conversion of confidential information); CBS, Inc. v. Garrod (1985), 622 F. Supp. 532 (applying Florida law to allow conversion claim for intangible property interest...court agreed with the lower court's conclusion that the filing of a conversion claim for monies owed, though intangible, was in good faith and was not frivolous conduct. Id...


Court: Court of Appeals of Ohio, Eighth District, Cuyahoga County.
Date: Jul 1, 2004 Cited By: 0
11

.... Compare Mot. to Dismiss at 20-21, with Opp'n at 25-26. So the Court follows suit. But that raises another problem. It is unclear whether D.C. law permits a conversion claim for intangible property. See...counterclaims. For the reasons explained below, Fort Myer's fiduciary duty and legal malpractice claims pass muster, but its conversion claim requires dismissal. A...Fort Myer's conversion claim. Under D.C. law, conversion is defined as "an unlawful exercise of ownership, dominion and control over the [personal property] of another in denial or repudiation of his...


Court: United States District Court, District of Columbia Circuit
Date: Apr 30, 2026 Cited By: 0 Coram: 1
12

...count on the ground that a claim for conversion in Massachusetts does not allow a plaintiff to recover unpaid compensation. Defendants are correct. Massachusetts law does not allow a conversion claim for intangible property. See.... 2012). That principle extends to bar a conversion claim for unpaid wages or commissions. See Struzziero v. Lifetouch Nat'l Sch. Studios...that complaint, Robinson asserted only one claim against Anderson, for "Fraud/Misrepresentation." Docket # 1, Ex. A (state court record), Complaint ¶¶ 71-82. But his factual allegations in that...


Court: UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS
Date: Aug 5, 2013 Cited By: 2 Coram: 1
13

...A. 1114 (1909)). The original common law rule was that a claim for conversion could not be sought unless the plaintiff's property was tangible. That rule has been modified over time and certain intangible property...could have stated a claim for conversion of Mr. Miller's share of the Ashmere Partnership even if the Court of Special Appeals's holdings as to the law in respect to the nature of partnership agreements and certificates were correct. Maryland law does not recognize a tort claim for conversion of intangible property interests...certificates. As stated, supra, we do not recognize a claim for the conversion of intangible property rights merged into a document when the defendant has not exercised ownership or dominion over...


Court: Court of Appeals of Maryland.
Date: Jun 25, 1999 Cited By: 174
14

...." B. Conversion Clear Link argues that Margae's conversion claim fails because "Margae's work" is intangible property and such property cannot be the subject of a Utah law conversion claim. Margae responds that Utah law would allow a claim for conversion...Utah would not allow a conversion claim for intangible intellectual property. An expansion of conversion liability to cover intangible property does not appear likely in a state that follows the...a web page could be the subject of a conversion claim under Utah law because it is tangible property. ORDER For...


Court: United States District Court, D. Utah.
Date: May 5, 2009 Cited By: 20 Coram: 1
15

...Sufficient Facts to Support a Claim for Conversion. Hunter Douglas contends that Menendez's claim for conversion of his intellectual property rights “lie[s] beyond the scope of Texas conversion law” and thus should be dismissed under Rule 12(b)(6) (Dkt. #16 at p. 23). Menendez responds his conversion claim is well-pleaded, and that his claim falls within an exception that permits a conversion claim for intangible property...property. See Amarillo Nat'l Bank v. Komatsu Zenoah America, Inc., 991 F.2d 273, 274 (5th Cir. 1993). A claim of conversion consists of the....” Lone Star Fund, 594 F.3d at 387. Thus, Menendez has failed to state a claim for conversion that is “plausible on its face...


Court: United States District Court, E.D. Texas, Sherman Division
Date: Mar 16, 2022 Cited By: 0 Coram: 1
16

..., that Plaintiffs' claim for conversion of such intangible property, even if embodied in a tangible format such as diagrams or electronic media, is preempted by federal copyright law. Plaintiffs' state...-law claims for conversion of this property are required to be dismissed. The Court also notes that a claim for conversion of intangible property..., drawings, video footage, and photographs” that belonged to Plaintiffs. (Am. Compl. ¶ 28.) Plaintiffs appear to assert a conversion claim for the tangible items through which it transmitted its copyrightable intangible property to...


Court: United States District Court, N.D. Georgia, Atlanta Division.
Date: Oct 17, 2013 Cited By: 11 Coram: 1
17

...documents, this amounts to a claim for conversion of intangible property which is not actionable under New York law ( see, MBF Clearing Corp. v Shine..., that the complaint failed to state a cause of action for conversion, inasmuch as the defendants agreed to and arranged for the return of all medical records and patient lists and vacated the premises...were to dismiss the fourth, fifth, and sixth causes of action for unfair use of trade secrets, unfair competition, and fraud, and substituting therefor a provision denying those branches of the...


Court: Appellate Division of the Supreme Court of New York, Second Department.
Date: Dec 18, 1995 Cited By: 17
18

...cause of action for conversion based upon defendants having converted his script to produce an episode of the Columbo television series. The court first noted that, "[g]enerally, the copying and distribution of literary intangible property does not state a claim for...Enrichment In his cause of action for conversion, Melchior alleged that he "was the creator and still is the owner of the property Lost in Space...conversion." (At p. 992.) Conversion requires interference with tangible rather than intangible property. ( Ibid...


Court: Court of Appeal of California, Second District, Division One.
Date: Feb 28, 2003 Cited By: 321
19

...Kansas or Missouri law governs Plaintiff's conversion claim. Defendant Johnson points to Kansas law and argues it does not recognize a conversion claim for intangible property like Plaintiff's Twitter...Missouri courts have decided whether a social media account can be the subject of a conversion claim, no authority from either state requires this Court to dismiss Plaintiff's claim solely because the disputed property is a Twitter account. Neither state's conversion law draws a bright line between physical personal property and intangible personal property, recognizing conversion claims for the.... Crivello, 673 F. Supp. 2d 1265, 1281 (D. Kan. 2009) (citations omitted) ("[U]nder Kansas law, intangible property rights may be subject to conversion, so long as there exists a present property interest."); DIRECTV, Inc. v. Lockwood, 311 F. Supp. 2d 1147, 1151 (D. Kan. 2004) (applying Kansas law and noting that "an action for conversion may lie when the subject is intangible personal property" but rejecting the plaintiff's claim that...


Court: UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION
Date: Apr 24, 2019 Cited By: 0 Coram: 1
20

...property in the form of stock ownership can be converted. They argued that like stock, a domain name is a form of intangible property. For reasons articulated hereafter, the Court disagrees with the Plaintiffs and concludes that Utah law does not recognize a claim for conversion of... whether Utah law recognized a claim for conversion of intangible intellectual property. While noting that this was a case of first impression, the court explained that Utah would not allow a...conversion claim for intangible property because it follows the Restatement (Second) of Torts for guidance. It reasoned that the...


Court: United States Bankruptcy Court, D. Utah.
Date: Aug 19, 2009 Cited By: 14

Cases cited for the legal proposition you have searched for.

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