4,551 results for 'cat:"Contract"'.
J. Wolson denies an auto company’s motion for summary judgment against a contractor hired to transport a pickup truck who was injured when the truck, which had mechanical problems, rolled over his legs. A reasonable jury could find that the contractor operated under the assumption that the truck’s transmission would hold it in place because the company negligently failed to tell him the truck was inoperable.
Court: USDC Eastern District of Pennsylvania, Judge: Wolson, Filed On: May 15, 2024, Case #: 2:23cv2350, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Tort, contract
J. Pratter grants a property seller’s motion to dismiss a buyer’s conspiracy suit for failure to establish a conspiracy claim in a property transfer dispute. The matter at hand involves just a $2,000 sum, so this is a matter for a state court, not this federal court.
Court: USDC Eastern District of Pennsylvania, Judge: Pratter, Filed On: May 15, 2024, Case #: 2:23cv1188, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Property, Jurisdiction, contract
J. Reichek finds that the lower court properly entered a take-nothing judgment on the appellant's claims, which included claims for breach of contract and fraud. Contrary to the appellant's argument on appeal, the lower court did not err in granting summary judgment. The record shows that the appellees' no-evidence motion was not conclusory. Affirmed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: May 14, 2024, Case #: 05-23-00208-CV, Categories: Civil Procedure, Fraud, contract
J. Miskel finds that the lower court properly entered final judgment in this dispute between a tenant and a landlord involving a settlement agreement. The appellant's brief fails to include a proper discussion of the facts "with citations to the record" or a proper application of the law. Accordingly, the court cannot reach "the substance of his case." Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: May 14, 2024, Case #: 05-22-00098-CV, Categories: Civil Procedure, Landlord Tenant, contract
Per curiam, the appellate division finds the lower court properly ruled against the insurer on its claim it is entitled to discovery to recoup defense expenses. This court twice previously held it is obligated to defend the city in the underlying action. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 14, 2024, Case #: 02662, Categories: Insurance, contract
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Fleming denies the property sellers' motion for attorney fees, ruling that while some of the buyers' claims had been filed and rejected in a previous state court action, the filing of this lawsuit was not frivolous. It included a civil conspiracy claim not adjudicated in the previous suit; therefore, the filing was not vexatious and does not warrant sanctions in the form of attorney fees.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: May 14, 2024, Case #: 5:21cv1848, NOS: Other Civil Rights - Civil Rights, Categories: Real Estate, Attorney Fees, contract
J. Hassan finds that the trial court partly erred regarding the damages awarded to the landlord in a suit against the former tenant alleging breach of lease. The evidence was insufficient to support the damages awarded to the landlord for re-leasing expenses, and the tenant was owed a credit of $100,000 for the security deposit. Reversed in part.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: May 14, 2024, Case #: 14-22-00727-CV, Categories: Landlord Tenant, Damages, contract
J. Hassan finds that the trial court improperly ruled in favor of the police officer in a dispute with her insurer over the denial of uninsured/underinsured motorist benefits after a rear-end crash. The record does not show that the "regular-use exclusion" as applied to the officer's patrol vehicle violates public policy, so she is not entitled to the UM/UIM benefits. Reversed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: May 14, 2024, Case #: 14-22-00450-CV, Categories: Insurance, contract
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. Farris finds that the trial court improperly awarded Preston Hollow more than $52 million in damages and pre-judgment interest for its breach of contract claim alleging that Senior Care defaulted on promissory notes related to the construction of an assisted living facility. A notice sent to Senior Care did not give clear, unequivocal notice that the debt would be automatically accelerated if it did not cure the alleged defaults. A new trial is necessary on this claim.
Court: Texas Courts of Appeals, Judge: Farris, Filed On: May 14, 2024, Case #: 01-21-00602-CV, Categories: Damages, contract
J. Cadish finds the district court improperly denied the NFL's motion to compel arbitration. The coach of the Raiders football team resigned after the Wall Street Journal and New York Times published articles detailing controversial emails he reportedly sent while working for ESPN. The coach sued the NFL alleging it purposely leaked the emails to force his resignation, and the court denied the NFL's motion to compel arbitration. The coach's employment agreement incorporated the NFL Constitution by reference, necessitating arbitration for any dispute "detrimental to the best interests of the league." The coach has presented no contract defenses that make the arbitration clause of the NFL Constitution unenforceable. Reversed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: May 14, 2024, Case #: 85527, Categories: Arbitration, Business Expectancy, contract
J. Baker finds that the trial court properly determined that it lacked personal jurisdiction over a Brazilian living in Brazil who was sued for breaching a contract with a Montana plaintiff and his company. The only connection to Montana is the plaintiff and his company since the Brazilian did not seek the application of Montana law and the dispute did not arise from his actions in Montana. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: May 14, 2024, Case #: DA 23-0294, Categories: Jurisdiction, contract
J. Korman enters judgment in favor of a former chief operating officer on her breach of contract claim, finding her employer breached her employment contract by failing to pay her full salary as well as a $280,000 bonus. However, the court grants judgment to the employer on her state labor law claims for unpaid minimum wages, finding she is exempt from the law’s minimum wage provisions because she is a high-level professional.
Court: USDC Eastern District of New York, Judge: Korman, Filed On: May 13, 2024, Case #: 1:21cv473, NOS: Fair Labor Standards Act - Labor, Categories: Employment, contract, Labor
J. Chase finds that the trial court should not have granted exceptions of prescription to a real estate company on a property buyer's claim that defendants continuously failed to record the Act of Cash Sale and transfer clear title of the property because the real estate agent's continuous failure to deliver clear title constitutes a continuing tort. Further, the buyer's claims against the notaries are perempted because the buyer failed to file his petition for damages within the requisite three-year peremptive period. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Chase , Filed On: May 13, 2024, Case #: 2024-CA-0018, Categories: Real Estate, contract
J. McKeague finds the lower court properly awarded Kroger more than $612,000 to cover legal fees related to a wrongful death lawsuit filed by the estate of individuals killed in a collision with one of its shipping contractors. The shipping company's indemnification agreement with Kroger required payments for incidents involving negligence on the part of the shipping company. An exception in the agreement removes liability from the shipping company only in accidents where Kroger is "solely liable," and because the shipping company's driver is at least partially at fault for the accident, the company was required to cover Kroger's legal expenses. Affirmed.
Court: 6th Circuit, Judge: McKeague, Filed On: May 13, 2024, Case #: 23-3462, Categories: Transportation, Indemnification, contract
J. Love finds that the trial court should not have denied a public university's motion for summary judgment on a professor's claim for unpaid wages because the university is not a proper defendant, and it may be sued through the proper defendant, which is its Board. However, the university administrators do not have immunity because there are genuine issues of material fact that they acted fraudulently, intentionally, or willfully to misrepresent to the professor that his base salary would remain at $145,000. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: May 13, 2024, Case #: 2023-CA-0798, Categories: Employment, 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. Cabret finds the superior court erred in its judgment in a dispute between a property owner and a former tenant over a land contract for the purchase of multiple plots on the owner's property. With its order for a judgment of $283,945 in favor of the property owner, the superior court improperly reduced the owner's damages based on the premise that she violated the parties' 2011 agreement, including by the manner in which she collected rent payments from a different tenant. The owner is entitled to collect the entirety of the debt the former tenant owes, so the portions of the superior court's judgment finding in the tenant's favor on his counterclaims is reversed and the matter is remanded to calculate the owner's total damages. Reversed in part.
Court: Virgin Islands Supreme Court, Judge: Cabret, Filed On: May 10, 2024, Case #: 2024 VI 22, Categories: Landlord Tenant, Property, contract
[Consolidated.] J. Winkler finds that the lower court properly granted the insurers' motion for summary judgment and determined they were not required to indemnify Chiquita for lawsuits related to its funding of Colombian terrorist organizations. The intentional act of providing funds to the groups led to the deaths of the plaintiffs in the lawsuits and, therefore, cannot be considered accidents under the insurance policies. Affirmed.
Court: Ohio Court Of Appeals, Judge: Winkler, Filed On: May 10, 2024, Case #: 2024-Ohio-1775, Categories: Insurance, Tort, contract
J. Hughes finds that the district court should not have denied a store owner’s motion for summary judgment on a wrongful death action filed by the family of a decedent who was shot and killed in the store parking lot. When the decedent and the shooter got into an argument they were not acting as store patrons, and when the decedent slapped the shooter, he committed the crime of battery to which the store owner had the duty to protect its current patrons from. The family did not show that the store owner owed a duty to protect the decedent from the shooter. Reversed.
Court: Louisiana Supreme Court, Judge: Hughes, Filed On: May 10, 2024, Case #: 2023-CC-00955, Categories: Negligence, contract