4,551 results for 'cat:"Contract"'.
J. Jenkins finds that the trial court should not have awarded attorney fees and costs to a landowner on a claim for environmental and private damages after the oil company entered a limited admission of liability as to three of the four tracts of land. The landowner should not have been awarded fees and costs for work performed in pursuit of its unsuccessful private damages claims at trial and for work outside the scope of Act 312. The date the trial began through the last date included in the submitted billing records must be excluded from the total award. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Jenkins , Filed On: May 22, 2023, Case #: 2022-CA-0383, Categories: Environment, Attorney Fees, contract
J. Copperhite recommends an award for attorney fees and costs for over $1 million to one law firm after a second firm failed to provide evidence of expenditures related to a contract between the two. The first firm referred asbestos litigation clients to the second, and the parties agreed to share the awards from settlements. However, the second firm did not share any monies from 2,174 settlements.
Court: USDC Maryland, Judge: Copperhite, Filed On: May 22, 2023, Case #: 1:17cv2972, NOS: Other Contract - Contract, Categories: Settlements, Attorney Fees, contract
J. Mendheim finds that the lower court improperly ruled in granting state immunity to a Jacksonville State University trustee and chancellor against claims of breach of contract and attempts to recover resignation fees as claimed by an athletic conference organization filing these charges when the university left the organization. Reversed in part.
Court: Alabama Supreme Court, Judge: Mendheim, Filed On: May 19, 2023, Case #: SC-2022-0930, Categories: Immunity, Damages, contract
J. Stearns refuses to dismiss a city's contract action against a school services company for its alleged failure to adequately staff buses for two school years. The city sufficiently pleads its claims for breach of contract, breach of the covenant of good faith and fair dealing, negligent
misrepresentation and violations of the Massachusetts Fair Business Practices Act.
Court: USDC Massachusetts, Judge: Stearns, Filed On: May 19, 2023, Case #: 1:23cv10460, NOS: Other Contract - Contract, Categories: Education, Transportation, contract
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Per curiam, the Fifth Circuit finds the lower court properly adhered to the prior Fifth Circuit panel’s mandate affirming in part the district court’s judgment in favor of the excavating company on its breach of contract claim regarding dirt removal from a construction worksite. Though the construction company says that it was not required to pay $81,000 in materials and labor because the excavating company stopped performing before the work was completed, its prior breach and delay-causing failure to manage the site excused the failure to perform. Any changes in the damages sought do not prevent the excavating company from obtaining proper fees. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 19, 2023, Case #: 21-40629, Categories: Construction, Attorney Fees, contract
Vice Chancellor Cook finds that shares of a company had not vested under the terms of the separation agreements because the performance condition had not been met before the transaction was closed.
Court: Delaware Chancery Court, Judge: Cook , Filed On: May 19, 2023, Case #: 2020-0955-NAC, Categories: contract
J. Lambert finds the trial court improperly denied the county's motion to dismiss a lawsuit involving a contract dispute with a construction company over the building of a fire station. The trial court's order was "a departure from the essential requirements of the law" because the terms of the parties' contract holds that administrative dispute resolution procedures must be exhausted before any lawsuits can be filed. Because those procedures have not been exhausted, the county's petition for writ of certiorari is granted and the order denying its motion to dismiss is quashed.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: May 19, 2023, Case #: 22-2883, Categories: Tort, contract
J. Northcutt finds that the trial court improperly granted a wife's request to change venue in a dispute over funds held in escrow from the sale of the husband's property because the disputed promissory note contained a venue selection provision. Reversed.
Court: Florida Courts Of Appeal, Judge: Northcutt, Filed On: May 19, 2023, Case #: 2D22-1180, Categories: Venue, contract
J. Atkins finds that the trial court properly dismissed an architectural design firm's claim that a life insurance company improperly denied its claim for benefits related to the death of the firm's members. In this case, the evidence shows that the firm had not made a timely premium payment before its member's death. The policy included express language authorizing reinstatement following lapse for non-payment provided certain conditions were satisfied, including that the insured member was still alive. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Atkins, Filed On: May 19, 2023, Case #: 2022-CA-0783, Categories: Insurance, contract
J. Robinson rules an estate administrator may pursue contract claims against an insurance company concerning the death of her her husband in an aircraft crash. The estate administrator sufficiently showed that an insurance policy was in full force at the time of the crash.
Court: USDC Kansas, Judge: Robinson, Filed On: May 19, 2023, Case #: 5:22cv4046, NOS: Insurance - Contract, Categories: Insurance, contract
J. Kelly finds a lower court properly granted summary judgment in favor of the government on Fair Housing Act claims against a landlord. The landlord argued that the lower court erred in imposing punitive damages. However, the government sufficiently showed in court that the landlord violated the FHA by imposing different lease agreements based on familial status, and for evicting an unmarried couple who had a newborn baby. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: May 19, 2023, Case #: 22-1444, Categories: Landlord Tenant, Housing, contract
J. Benavides conditionally grants the relator company's petition for a writ of mandamus, in which it challenges an order granting a motion for new trial in the underlying contract case involving the sale of a tank barge. The reasons given for the new trial order were "not supported by the law and the record." Accordingly, the relator is entitled to mandamus relief.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: May 19, 2023, Case #: 13-22-00377-CV, Categories: Civil Procedure, Warranty, contract
J. Atkins finds that the trial court should not have found that the driver of a truck owned by a disposal company had permission to drive the vehicle and was a covered driver at the time the car collision took place. There was testimony that the employer informed the truck driver that he could not drive the truck until he resolved his driver’s license issues. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Atkins, Filed On: May 19, 2023, Case #: 2022-CA-0693, Categories: Insurance, contract
Per curiam, the Texas Supreme Court finds the court of appeals improperly ruled in favor of Texas Southern University in a breach of contract case brought against it by a construction firm. After the University refused to pay the firm for a project it completed after the construction deadline had passed, the firm brought its breach of contract claim. While the university is privileged to immunity, it is not immune in this case. The construction firm presented sufficient evidence of a cognizable injury. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: May 19, 2023, Case #: 21-0966, Categories: Government, Immunity, contract