125 results for 'cat:"Business Practices" AND cat:"Contract"'.
J. Cox finds that the calculation of a defendant owner's share of funds related to the liquidation of the parties' company should be remanded. The plaintiff owner's petition claimed that the defendant owner was liable for any monetary damages due to his mismanagement of the company. However, under statute, the defendant owner can only be held liable for any improper distribution of funds for two years from the date of the filing of the suit, and the liquidator's report does not reflect this. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: February 28, 2024, Case #: 55,428-CA, Categories: business Practices, contract
J. Daniel grants a metal packaging company’s motion for judgment on its contract pleadings against a brewery. The court also partially grants the packaging company’s motion to dismiss the brewery’s counterclaims and fully grants its motion to strike the brewery’s affirmative defenses. This case stems from a contract between the parties wherein the brewery agreed to purchase beer cans from the packaging company, and the packaging company subsequently claimed the brewery did not meet its purchasing agreement under that contract. The brewery countersued, but the court found it hadn’t sufficiently alleged its breach of warranty or negligent misrepresentation counterclaims. The brewery’s counterclaims for breach of good faith dealing still stand.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: February 26, 2024, Case #: 122cv7367, NOS: Other Contract - Contract, Categories: business Practices, Warranty, contract
J. Coleman grants a pizzeria franchise licensing company’s motion to dismiss counterclaims brought by a former franchisee. The licensing company initially brought suit against the franchisee after it claimed that he violated several elements of the pizzeria franchise agreement, terminating the agreement over the same issues. In response, the franchisee counter-sued for fraud and breach of contract, but the court finds he has not sufficiently alleged these claims.
Court: USDC Northern District of Illinois, Judge: Coleman, Filed On: February 23, 2024, Case #: 1:22cv2396, NOS: Franchise - Contract, Categories: Fraud, business Practices, contract
J. Sánchez grants a father’s motion for summary judgment against his son in this shareholder action concerning the family business, an air fragrance supplier. The father is a minority shareholder and the son is a majority shareholder who acted fraudulently and oppressively toward his father as the minority shareholder, abused his authority, and mismanaged the operations of the company.
Court: USDC Eastern District of Pennsylvania, Judge: Sánchez, Filed On: February 14, 2024, Case #: 2:21cv3984, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Fraud, business Practices, contract
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J. Saylor grants in part a Dutch multinational corporation’s motion to dismiss claims brought against it by a business that makes medical equipment for federal agencies, which allegedly terminated a contract with the Dutch company in retaliation for repeatedly raising concerns related to government product certification. Wrongful termination applies, as a theory of liability, to employees but it not to commercial entities.
Court: USDC Massachusetts, Judge: Saylor, Filed On: February 12, 2024, Case #: 1:23cv11025, NOS: Other Contract - Contract, Categories: Health Care, business Practices, contract
J. Cogburn denies a foreign wine importer’s motion for summary judgment after its exclusive wholesale distributor in North Carolina sued the importer following its abrupt contract cancellation. The importer argues that it is not a “winery” and, therefore, not subject to the state’s wine distribution laws. However, whether it is a winery or not is a decision for the state to make, and the suit is stayed until this can be determined.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: February 12, 2024, Case #: 1:22cv203, NOS: Other Contract - Contract, Categories: Trade, business Practices, contract
J. Goodwin grants in part a Charleston attorney's motion for attorneys fees in the breach of contract suit two other attorneys filed claiming he unjustly enriched himself in filing civil actions for former students of the Miracle Meadows School, a now-shuttered Seventh Day Adventist boarding school in Harrison County, after working jointly with them to file the first 29 suits that ultimately resulted in a $100 million settlement. Since the two attorneys recognized their claim lacked merit due to the absence of a joint venture agreement in the latter cases and voluntarily dismissed the complaint, and the one attorney failed to file for sanctions, he is entitled to an award of attorneys fees as they relate to responding to the two other attorneys' motion to disqualify the Bailey and Glasser law firm and the omnibus renewed motion to file documents under seal. The court holds in abeyance determining the amount until detailed bills are submitted, which are to be provided within 10 days.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: February 5, 2024, Case #: 2:22cv604, NOS: Other Contract - Contract, Categories: business Practices, Attorney Fees, contract
J. Swain dismisses the contract and unfair business practices claims brought against a battery manufacturer by a man who sold his lithium-ion technology business to the manufacturer, then was brought on to oversee it as an employee. He says his division was underserved and poorly integrated, and that he was pressured to resign, then not paid an acceleration payment or severance pay and other things allegedly guaranteed by his employment agreement. Because his resignation was not evidently “mutually agreed” upon, per the contract, he is not entitled to relief.
Court: USDC Southern District of New York, Judge: Swain, Filed On: January 31, 2024, Case #: 1:22cv1893, NOS: Other Contract - Contract, Categories: Employment, business Practices, contract
J. Hunt partially grants the defendant daycare operator’s motion for summary judgment on multiple contract breach, fraud and misrepresentation claims brought by an Iranian investor. The investor hoped to use his investments into the defendants’ prospective childcare franchises to become a permanent U.S. resident, and sued for multiple counts after the franchises fell apart. The court denies the operator’s motion for summary judgment on the investor’s breach of contract and and partially denies the motion as to his fraudulent misrepresentation claims, but grants the motion as to the investor’s negligent misrepresentation claims, his Franchise Disclosure Act claims, and his requests for declaratory judgment and injunctive relief.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: January 29, 2024, Case #: 1:19cv3402, NOS: Franchise - Contract, Categories: Fraud, business Practices, contract
J. Guirola transfers an oil and gas company's breach of contract claims to the Southern District of Texas, Corpus Christi Division. The dispute involves property located in Texas, and the alleged breach of contract occurred there, not Mississippi.
Court: USDC Southern District of Mississippi , Judge: Guirola, Filed On: January 25, 2024, Case #: 1:22cv248, NOS: Other Contract - Contract, Categories: Venue, business Practices, contract
J. Cogburn grants partial summary judgment to a group of former members of a golf club as far as liability of the club to reimburse resigned members their invested equity shares after confirming new members to replace them. The group discovered that the club was not repaying resigned members’ investments when new members joined. The club argues that when partial members became full members, this did not constitute admission of a new member. But, as the only members required to invest equity are full members, the club’s reading of the policy is unreasonable.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: January 17, 2024, Case #: 1:21cv333, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Enforcement Of Judgments, business Practices, contract
J. Whitney partially grants a shoe manufacturer’s motion to dismiss allegations of breach of contract, bad faith and fraud brought by a competitor. This ruling takes into consideration prior litigation, specifically a protective order, which the manufacturer now accuses the competitor of breaching. However, neither this claim, nor the bad faith and fraud allegations, are sufficient to proceed.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: January 16, 2024, Case #: 3:23cv167, NOS: Other Contract - Contract, Categories: Fraud, business Practices, contract
J. Bucklo grants the sued industrial equipment manufacturer’s motion for summary judgment on the suing auto part manufacturer’s warranty claim against it, and also grants its motions to exclude expert testimony and to strike an affidavit from the auto part manufacturer’s CEO. The auto part manufacturer claims it bought machinery from the defendant meant to automate cutting sheet metal, but that the equipment proved faulty and failed after its manufacturer ignored the issues for over a year and a half. However, the court finds that the plaintiff’s warranty claim is insufficient as it “offered no admissible evidence to establish its damages.”
Court: USDC Northern District of Illinois, Judge: Bucklo, Filed On: January 5, 2024, Case #: 1:21cv1996, NOS: Other Contract - Contract, Categories: business Practices, Warranty, contract
J. Cook partly grants soda wholesalers’ motion for a writ of mandamus to vacate orders granting motions in limine that would exclude evidence regarding the original soda company’s competitive privilege and enforcement program that enforces the prohibition of bottlers selling in non-approved territories and importing from larger out-of-state wholesalers.
Court: Alabama Supreme Court, Judge: Cook , Filed On: December 15, 2023, Case #: SC-2022-0881, Categories: Trade, business Practices, contract
J. Rufe grants a loan advancer’s motion to compel arbitration and dismiss this complaint wherein a company says the advancer wrongfully recorded a financing statement for the company, created fraudulent loan documents for it, and unlawfully froze some of its receivables. The parties are bound by an arbitration agreement.
Court: USDC Eastern District of Pennsylvania, Judge: Rufe, Filed On: December 15, 2023, Case #: 2:22cv3249, NOS: Other Contract - Contract, Categories: Arbitration, business Practices, contract
J. Bryan finds the lower court improperly ruled when holding a factoring company in contempt of court for not complying with a subpoena, as the discovery did not meet foreign state requirements of North Carolina, where the company is based, instead of Alabama. Reversed.
Court: Alabama Supreme Court, Judge: Bryan, Filed On: December 15, 2023, Case #: SC-2023-0027, Categories: business Practices, Discovery, contract