United States Eighth Circuit

In an action against defendants for tortious interference with a business relationship, fraud and intentional and negligent misrepresentation, conversion, unjust enrichment, and conspiracy to defraud plaintiff and convert its property, rulings against plaintiff are affirmed where: 1) grant of defendant's motion to take judicial notice of a financing statement it filed was not error; 2) one tortious interference claim failed as the allegations did not show that the defendant acted without justification, and the other claim was properly dismissed; 3) fraud and intentional and negligent misrepresentation claims were meritless; 4) conversion and replevin claims failed as plaintiff possessed no property interest that it could enforce against defendants; and 5) civil conspiracy and unjust enrichment claims failed as there was no requisite underlying fraud, conversion or tort supporting such claims.

Appellate Information

• Decided 10/08/2008
• Published 10/08/2008

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, BRIGHT, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Richard L. Robbins, argued, Atlanta GA (Jenifer E. Niedenthal, Atlanta GA, and Cynthia L. Hegarty and Edward P. Sheu, Minneapolis, MN, on the brief), for appellant.


• For Appellees:
  
• Jeffrey David Hedlund, argued, Minneapolis, MN (Jesseca R.F. Grassley and Nathan A. Brennaman, on the brief), for appellees Whitebox Advisors, LLC and Pandora Select Partners, L.P., Robert M. Waxman, argued, Beverly Hills, CA (Cynthia A. Cretan, on the brief), for appellee Alorica Central, LLC.