1,689 results for 'nos:"Other Contract - Contract"'.
J. Price denies the request for spinal clinic's quantification of damages and fees awarded by default against the lymphedema treatment facility. Based mostly on breach of contract and deceptive trade practices claims, the spinal clinic's filings are described as "heavy on exhibits and light on analysis," and are insufficient to carry the clinic's burden of showing damages.
Court: USDC Middle District of Florida, Judge: Price , Filed On: May 17, 2024, Case #: 6:17cv2206, NOS: Other Contract - Contract, Categories: Fraud, Trade, Contract
J. Frank denies the payment processing client's motion to dismiss its payment processing provider's suit alleging that it breached the parties' contract by replacing it with another company. This court has personal jurisdiction over the parties, since they met in Minnesota on at least one occasion to discuss the contract and sent emails back and forth from Minnesota, and a choice-of-law provision in the contract requires that it be interpreted, construed and enforced in accordance with Minnesota law. The provider has also plausibly alleged its claims.
Court: USDC Minnesota, Judge: Frank, Filed On: May 17, 2024, Case #: 0:24cv373, NOS: Other Contract - Contract, Categories: Jurisdiction, Contract
J. Liman partially denies the company's motion to dismiss its founder's claims it has purposefully frustrated his efforts to exercise millions of dollars worth of options to acquire company stock. The founder has adequately pleaded that the company prevented him from exercising his options by failing to provide a timely valuation of the stock and refusing to issue him shares based on claims he had not satisfied his tax obligations.
Court: USDC Southern District of New York, Judge: Woods, Filed On: May 16, 2024, Case #: 1:22cv682, NOS: Other Contract - Contract, Categories: Corporations, Contract
J. Mazzant grants as modified the individual's motion for attorney fees and costs after partially prevailing on a claim for breach of a settlement agreement regarding a probate matter. The individual is awarded $31,265 in attorney fees and $1,208 in costs.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: May 16, 2024, Case #: 4:21cv644, NOS: Other Contract - Contract, Categories: Settlements, Attorney Fees, Contract
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J. Larimer allows defendant to continue counterclaims contending the county failed to pay for services to remedy a power interruption because the "quasi-contract" counterclaims were essentially contractual in nature, and thus the notice of claim requirement does not apply. However, certain claims concerned matters governed by the parties' contract.
Court: USDC Western District of New York, Judge: Larimer , Filed On: May 15, 2024, Case #: 6:23cv6398, NOS: Other Contract - Contract, Categories: Contract
J. Robertson denies a bank’s motion to compel the depositions of individuals who were, but no longer are, plaintiffs in lawsuits against a fraudulent internet phone service company. The bank fails to show that its requested subpoenas of putative absent class members are narrowly tailored to subjects that are clearly relevant.
Court: USDC Massachusetts, Judge: Robertson, Filed On: May 15, 2024, Case #: 4:14md2566, NOS: Other Contract - Contract, Categories: Fraud, Discovery, Class Action
J. Dorsey grants the solar homeowner's anti-SLAPP motion to dismiss the solar system installer's defamation claims. The homeowner wrote a negative Google review and filed consumer complaints with the Nevada State Contractors Board and the Nevada Bureau of Consumer Protection after the installer failed to include bird wiring to protect the equipment. The homeowner, under the incorrect presumption that bird wire was included in the contract, made the complaints in good faith, demonstrating the criticisms are protected by the anti-SLAPP statutes. The installer has established the legal sufficiency of its abuse-of-process claim, which may proceed.
Court: USDC Nevada, Judge: Dorsey , Filed On: May 15, 2024, Case #: 2:23cv2036, NOS: Other Contract - Contract, Categories: Anti-slapp, Defamation, Contract
J. Koeltl grants the firm's motion to exclude the defendant lawyer's expert witness regarding the value of his interest in several of the firm's contingency matters. The lawyer's expert lacks the expertise to make the conclusions he reaches and his opinions are not helpful to the jury. However, the firm may not preclude the lawyer from testifying as a lay witness regarding his removal from the firm.
Court: USDC Southern District of New York, Judge: Koeltl, Filed On: May 15, 2024, Case #: 1:21cv1746, NOS: Other Contract - Contract, Categories: Experts, Contract
J. Furman partially denies the sellers' motion to dismiss all the company's counterclaims alleging that they fraudulently overstated their media service's growth projections and profit margins to induce the company to acquire their service. The company has adequately alleged scienter, claiming that the individual executives knowingly presented inflated financial information to an auditor with the expectation that an acquirer would rely on these representations.
Court: USDC Southern District of New York, Judge: Furman, Filed On: May 14, 2024, Case #: 1:23cv6339, NOS: Other Contract - Contract, Categories: Corporations, Fraud
J. Palermo finds that a lessee of several commercial properties, who prematurely terminated a lease, has shown that information that could be provided through additional discovery is likely to have bearing on the case. The lessor entered into a replacement lease days after the close of discovery and the lessee requests additional information on the new lease which may have bearing on the damages involved in the early termination of the prior lease. The lessee’s motion to continue is granted.
Court: USDC Southern District of Texas, Judge: Palermo, Filed On: May 14, 2024, Case #: 4:23cv1194, NOS: Other Contract - Contract, Categories: Landlord Tenant, Business Practices, Contract
J. Brann denies an asphalt company’s motion to dismiss a township’s claims alleging the asphalt company failed to meet the terms of a road repair contract. The identified deficiencies allegedly caused the road’s failure. Brann grants an insurance company’s motion to dismiss the township’s demand for punitive damages since no breach of societal duty has been alleged.
Court: USDC Middle District of Pennsylvania, Judge: Brann, Filed On: May 14, 2024, Case #: 4:24cv280, NOS: Other Contract - Contract, Categories: Damages, Contract
J. Bolden grants the estate's motion for summary judgment, ruling the attorney's vexatious litigator and civil conspiracy claims are barred by the statute of limitations. He failed to file his complaint within three years of the estate's grievance against him, which was a single act and not an ongoing course of conduct that tolled the limitations clock.
Court: USDC Connecticut, Judge: Bolden, Filed On: May 11, 2024, Case #: 3:17cv958, NOS: Other Contract - Contract, Categories: Civil Procedure, Contract
J. McShane grants the customers' motion for class certification for their complaint alleging that the aerospace company scrapped its plan to sell E1000 planes in violation of customer reservation and deposit agreements. The customers meet the numerosity requirement for class certification because they are located in over 20 states and countries, with none living in Oregon, and the class action meets the superiority requirement because none of the customers filed a related or competing lawsuit.
Court: USDC Oregon, Judge: McShane, Filed On: May 10, 2024, Case #: 6:21cv1199, NOS: Other Contract - Contract, Categories: Class Action, Contract
J. Ramos finds that the lower court grants the biotech company's motions for attorney's fees after prevailing in a contract dispute over the alleged breach of a finder's fee agreement. The contract is silent on the issue of attorney's fees, so the company is not barred from seeking them, but it must resubmit billing statements for its attorneys that disaggregate which portions of the total are attributable to which attorney or paralegal.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: May 9, 2024, Case #: 1:20cv1391, NOS: Other Contract - Contract, Categories: Attorney Fees, Contract
J. Messitte denies an insurance broker’s post-verdict motion for judgment as a matter of law, a motion for remittitur, and a motion for a new trail in this contract lawsuit brought by an electrical contractor. The court upholds the jury’s verdict and enters the final judgment of $2 million, plus court cost in favor of the contractor.
Court: USDC Maryland, Judge: Messitte, Filed On: May 9, 2024, Case #: 8:21cv1017, NOS: Other Contract - Contract, Categories: Settlements, Contract
J. Dever grants a multi-level marketing company and three of its corporate officers’ motions to compel arbitration following allegations of defamation, battery and contractual interference brought by a former independent business owner. The owner contracted with the company to sell its products. He expressed concern that the company was not investigating its support of former Vice President Mike Pence with regard to the 2020 election. Conflicts between the owner and the three officers escalated until, at a baseball game where company staff attended together, the officers allegedly accosted him and accused him of being armed, “mentally ill,” and “of the Devil,” then called the police. The police then escorted him out of the park where he claims ten of them punched and kicked him, breaking his ribs. The owner is unopposed to the company moving for arbitration but disagrees that the individuals involved can arbitrate because they didn’t sign the contract between him and the company. However, the individuals are affiliated with the company and can therefore compel arbitration.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: May 9, 2024, Case #: 5:23cv442, NOS: Other Contract - Contract, Categories: Arbitration, Defamation, Interference With Contract
J. Goodwin grants the specialized commercial lender's motion for partial summary judgment in the ammunition manufacturer’s counterclaim to the lender's breach of contract suit over disputed language governing calculation of interest in the $7.5 million loan it conveyed to the manufacturer to build a facility in Montgomery. The court finds three of the manufacturer's tort claims - fraud, breach of fiduciary duty and tortious interference with contract - are barred by the "gist of the action doctrine," and the fourth - unjust enrichment - fails because of the express underlying contract.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: May 9, 2024, Case #: 2:23cv15, NOS: Other Contract - Contract, Categories: Tort, Banking / Lending, Contract