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Bode & Grenier, L.L.P. v. Knight

821 F. Supp. 2d 57 (D.D.C. 2011)
Bode & Grenier, L.L.P. v. Knight

12 Citing cases

  1. Bode & Grenier, LLP v. Knight

    808 F.3d 852 (D.C. Cir. 2015)   Cited 40 times
    Holding that two agreements, executed contemporaneously between the same parties, were subject to different states' law where one contained a choice of law clause and the other was silent

    In September 2011, the district court granted Bode & Grenier's motion for summary judgment on the counterclaim, and denied appellants' motion for summary judgment based on res judicata. Bode & Grenier, LLP v. Knight, 821 F.Supp.2d 57, 59 (D.D.C.2011). In November 2011, Bode & Grenier amended its complaint, adding a claim for attorney's fees.

  2. Nat'l R.R. Passenger Corp. v. Veolia Transp. Servs., Inc.

    886 F. Supp. 2d 14 (D.D.C. 2012)   Cited 1 times

    It is rarely awarded. See Bode & Grenier, L.L.P. v. Knight, 821 F.Supp.2d 57, 65 (D.D.C.2011) (citing Avianca v. Corriea, 1992 WL 93128, at *12 (D.D.C. April 13, 1992)). In determining the appropriateness of the remedy in this case, the court will apply District of Columbia law.

  3. Clark v. Dist. of Columbia

    Civil Action 21-1541 (TSC) (D.D.C. Mar. 31, 2023)   Cited 1 times

    “[A] magistrate judge's report and recommendation is reviewed de novo.” Bode & Grenier, LLP v. Knight, 821 F.Supp.2d 57, 60 (D.D.C. 2011) (internal quotation marks and citation omitted).

  4. Coon v. Wood

    68 F. Supp. 3d 77 (D.D.C. 2014)   Cited 14 times
    Noting that the court may look to sources such as "documents incorporated [into] the complaint by reference, and matters of which a court may take judicial notice" in deciding a 12(b) motion to dismiss" (quoting Tellabs, 551 U.S. at 322)

    Therefore, the Court need not address whether such allegations could state a claim for breach of fiduciary duty on the instant motion. To state a claim for breach of fiduciary duty under District of Columbia law, a plaintiff must allege that “ ‘(1) defendant owed plaintiff a fiduciary duty; (2) defendant breached that duty; and (3) to the extent plaintiff seeks compensatory damages—the breach proximately caused an injury.’ ” Henok v. Chase Home Fin., LLC, 915 F.Supp.2d 109, 115 (D.D.C.2013) (quoting Bode & Grenier, LLP v. Knight, 821 F.Supp.2d 57, 64 (D.D.C.2011) ). “A real estate broker, like any other agent, owes a fiduciary duty to his principal.” Laufer, 482 A.2d at 364 (citations omitted).

  5. Sciacca v. Fed. Bureau of Investigation

    23 F. Supp. 3d 17 (D.D.C. 2014)   Cited 18 times
    Denying motion for summary judgment because agency's coded index did not "bother even to list or describe the responsive documents at issue" and did "not provide any information on the segregability of the documents that were entirely withheld"

    “[A] magistrate judge's report and recommendation is reviewed de novo.” Bode & Grenier, LLP v. Knight, 821 F.Supp.2d 57, 60 (D.D.C.2011) (internal quotation marks and citation omitted). “The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.” Fed.R.Civ.P. 72(b)(3); see also 28 U.S.C. § 636(b).

  6. GEO Specialty Chemicals, Inc. v. Husisian

    951 F. Supp. 2d 32 (D.D.C. 2013)   Cited 9 times
    Concluding that the court had diversity jurisdiction because it is "not at all confident" that the value of confidential information is less than $75,000

    (emphases added)); Bode & Grenier, L.L.P. v. Knight, 821 F.Supp.2d 57, 64 (D.D.C.2011) (“In order to state a claim under District of Columbia Law for breach of fiduciary duty, [plaintiffs] must allege ... [,] to the extent plaintiff seeks compensatory damages[,] the breach proximately caused an injury.” (emphasis added; internal quotation marks omitted)).

  7. Henok v. Chase Home Finance, LLC

    922 F. Supp. 2d 110 (D.D.C. 2013)   Cited 16 times
    Rejecting claim for breach of fiduciary duty where plaintiff did “not plead any facts which show the existence of a special relationship of trust or confidence with Chase extending beyond his standard debtor-creditor relationship.”

    To state a claim for breach of fiduciary duty under D.C. law, a plaintiff must allege that “ ‘(1) defendant owed plaintiff a fiduciary duty; (2) defendant breached that duty; and (3) to the extent plaintiff seeks compensatory damages—the breach proximately caused an injury.’ ” Bode & Grenier, LLP v. Knight, 821 F.Supp.2d 57, 64 (D.D.C.2011) (quoting Paul v. Judicial Watch, Inc., 543 F.Supp.2d 1, 5–6 (D.D.C.2008)). “As a general rule, the mere existence of a contract does not create a fiduciary duty.”

  8. Henok v. Chase Home Finance, LLC

    915 F. Supp. 2d 162 (D.D.C. 2013)   Cited 7 times
    Granting the defendant's motion to dismiss a claim under D.C. Code § 47–1431, which obliges all transferees of real property to record a fully acknowledged copy of the deed with the Recorder within 30 days after the transfer, because the plaintiff did “not carr[y] his burden of showing that there is a private right of action for damages under this statute.”

    To state a claim for breach of fiduciary duty under D.C. law, a plaintiff must allege that “ ‘(1) defendant owed plaintiff a fiduciary duty; (2) defendant breached that duty; and (3) to the extent plaintiff seeks compensatory damages—the breach proximately caused an injury.’ ” Bode & Grenier, LLP v. Knight, 821 F.Supp.2d 57, 64 (D.D.C.2011) (quoting Paul v. Judicial Watch, Inc., 543 F.Supp.2d 1, 5–6 (D.D.C.2008)). “As a general rule, the mere existence of a contract does not create a fiduciary duty.”

  9. Henok v. Chase Home Finance, LLC

    915 F. Supp. 2d 109 (D.D.C. 2013)   Cited 11 times
    Determining that the plaintiff's allegation that he sent letters to defendant mortgagee stated a claim under § 2605(e) for failure to respond

    To state a claim for breach of fiduciary duty under D.C. law, a plaintiff must allege that “ ‘(1) defendant owed plaintiff a fiduciary duty; (2) defendant breached that duty; and (3) to the extent plaintiff seeks compensatory damages—the breach proximately caused an injury.’ ” Bode & Grenier, LLP v. Knight, 821 F.Supp.2d 57, 64 (D.D.C.2011) (quoting Paul v. Judicial Watch, Inc., 543 F.Supp.2d 1, 5–6 (D.D.C.2008)). “As a general rule, the mere existence of a contract does not create a fiduciary duty.”

  10. Nicholson v. Soc. Sec. Admin.

    Civil Action No. 10-2010 (RWR) (DAR) (D.D.C. Sep. 28, 2012)

    "The magistrate judge's [R&R] is reviewed de novo." Bode & Grenier, L.L.P. v. Knight, 821 F. Supp. 2d 57, 60 (D.D.C. 2011) (citations and internal quotation marks omitted). Magistrate Judge Robinson determined that the ALJ's decision that plaintiff could perform sedentary work "failed to build a sufficient 'logical bridge' from the evidence - the medical opinions presented before him - to his specific conclusion that [p]laintiff has the RFC to perform sedentary work."