Western Michigan Federal Courts
Posts Categorized Judge Robert Holmes Bell
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Hookah Lounge Has Serious Cable Problems, and Dish Network Will Not Pay for It
May 1, 2013My cable bill seems to go up each month, but I know that if I go back and read my lengthy, small-print cable agreement, somewhere I will be able to find where I agreed to it. I'm sure if I called and complained, one of the first things I would be told is to read my contract. Someone should have told that to the defendant in Joe Hand Promotions Inc. v. The Hookah Lounge Inc., where Judge Bell recently dismissed Dish Network—a third-party defendant—from the lawsuit, finding that Dish Network (a) was not required to indemnify The Hookah Lounge and (b) did not breach its contract with The Hookah Lounge.
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Court Reaffirms that Motions to Dismiss Must Be Based on Information Expressly Included in the Complaint
February 14, 2013In Mahindra Forgings Ltd. v. Bentler Automotive Corp., Bentler moved to dismiss an amended complaint based on expiration of the statute of limitations. Bentler's argument was that because the complaint generally referenced e-mails exchanged between the parties, the substance of those e-mails became part of the complaint for purposes of deciding a motion to dismiss under Fed. R. Civ. P. 12(b)(6). Bentler asserted that those e-mails demonstrated that Mahindra's complaint was time-barred.
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Fannie Mae and Freddie Mac Cite Possible “Negative Implications” to Side with Big Banks
January 2, 2013In a lawsuit alleging that several banks violated Michigan's County Real Estate Transfer Tax Act by improperly claiming exemptions involving the sale of foreclosed properties, Judge Bell allowed Fannie Mae, Freddie Mac and the Federal Housing Finance Agency to intervene as defendants and thus side with the banks.
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Is Your House Designer Creative or a Copier? Judge Finds an Issue of Fact Whether a House Design Infringed on a Previous Designer’s Copyright
December 6, 2012In Bruemmer v. Reardon Judge Bell denied the defendants' motion for summary judgment because he found that a genuine issue of material fact existed as to whether the defendants infringed on the plaintiffs' copyright design of a residential house. The court found that an issue of fact existed as to both of the required elements of a copyright infringement claim.
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Home-Field (Venue) Advantage: Being the First-to-File Does Not Always Win the Race
November 19, 2012In Van Andel Institute v. Thorne Research, Judge Bell denied Thorne Research's motion to transfer venue to the District of Idaho because the first-to-file rule did not apply and also the District of Idaho would not be a more convenient venue for the lawsuit.
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Fraudulent Joinder: Court Finds Diversity Jurisdiction With Non-Diverse Defendants
October 15, 2012In Hertel v. Mortgage Electronic Registration Systems, Inc., Case. No. 1:12-cv-174, Judge Bell found that diversity jurisdiction exists even though the plaintiffs sued several non-diverse defendants – that is, defendants who were from the same state as the plaintiffs. The complaint alleges that several entities, including Fannie Mae, Freddie Mac, JPMorgan Chase, and Bank of America, did not pay Michigan's State Real Estate Transfer tax arising from the sale of foreclosed upon homes. Judge Bell agreed with JPMorgan Chase and Bank of America that the non-diverse entities had been fraudulently joined.
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