272 results for 'cat:"Jurisdiction" AND cat:"Contract"'.
J. Snyder denies a company's motion to dismiss a business founder's allegations that after acquiring his business, the company violated the put agreement by failing to pay his retention bonus or fund the purchase of his remaining shares. Diversity jurisdiction has been established. The founder has sufficiently alleged his promissory fraud claim. The put agreement does not waive the founder's right to a jury trial. A stay is not warranted, as the arbitration proceedings are limited to employment agreement disputes, while this matter is regarding a put agreement dispute.
Court: USDC Central District of California, Judge: Snyder, Filed On: April 15, 2024, Case #: 2:23cv9055, NOS: Other Contract - Contract, Categories: Fraud, jurisdiction, contract
J. Westbrook finds the trial court properly granted motions to dismiss against two law firms and their attorneys in this real estate dispute brought by a Vermont property seller. The seller argues one of the law firms solicit on the website with ‘‘Attention: out of state sellers.’’ She never has entered into the state of Connecticut, so the court lacks jurisdiction. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Westbrook, Filed On: April 15, 2024, Case #: AC45631, Categories: Real Estate, jurisdiction, contract
J. Batchelder finds that the district court improperly dismissed a contract and fraudulent inducement lawsuit based on a contractual forum-selection clause for a lack of jurisdiction. The forum selection clause stated “Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation.” The non-signatory partner argues the clause should be enforceable for state and federal common laws but that the court skipped the applicability step that should have been done. The contract does not apply to the non-signatory in the forum-selection clause. Reversed.
Court: 6th Circuit, Judge: Batchelder, Filed On: April 12, 2024, Case #: 23-3085, Categories: jurisdiction, contract
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J. Dorsey denies the Russian car dealer's motion for a preliminary injunction seeking to have his bank account unfrozen. The dealer's appearance at a dealer show was canceled, his cars were transferred to California and his bank account was frozen after the company stopped manufacturing cars when Russia invaded Ukraine. The dealer does not satisfy any standard for injunction. His motion just states the company president's reasons for freezing the account are false, says the account should not have been frozen, and states without evidence the president's actions have damaged the company.
Court: USDC Nevada, Judge: Dorsey , Filed On: April 11, 2024, Case #: 2:22cv1774, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, jurisdiction, contract
J. Kahn declines to dismiss on jurisdictional grounds a breach of contract complaint against a California-based security services company, who was sued by a consultant for allegedly failing to pay him his 5% commission fee for helping with the sale of its company. The company waived its right to challenge the consultancy agreement’s forum selection clause designating New York courts as the preferred venue.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: April 11, 2024, Case #: 1:23cv1408, NOS: Other Contract - Contract, Categories: jurisdiction, Venue, contract
J. Trapp finds the trial court properly denied the Ohio residents' motion to vacate a default judgment obtained against them by the Florida resident in Florida state court. The Florida court had already denied a similar motion; therefore, the Ohio court motion constituted an impermissible collateral attack. Affirmed.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: April 9, 2024, Case #: 2024-Ohio-1340, Categories: jurisdiction, contract
J. Pulliam remands to state court a convoluted contractual dispute concerning the foreclosure of several properties, because a nondiverse party in the case — a substitute trustee for the foreclosing bank — was properly joined, and therefore this court lacks jurisdiction.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: April 9, 2024, Case #: 5:23cv1527, NOS: Other Contract - Contract, Categories: jurisdiction, Foreclosure, contract
J. Bumb dismisses claims contending a wealth manager failed to pay a temporary employee for corporate branding and marketing services because the employee failed to demonstrate the wealth manager's Delaware-based activities purposefully targeted New Jersey or that the wealth manager knew the employee resided in that state at the time of his alleged contract.
Court: USDC New Jersey, Judge: Bumb , Filed On: April 9, 2024, Case #: 1:23cv4352, NOS: Other Contract - Contract, Categories: Employment, jurisdiction, contract
J. Gallagher finds that the trial court improperly dismissed this specific performance dispute brought by a lessor trying to purchase the leased property against a property company. The lessor argues the trial court erred based on the doctrine of lis alibi pendens when dismissing the complaint after the property company filed the motion for lack of subject-matter jurisdiction. This appeal had reasonable grounds for being filed. Therefore, the assignment of error is sustained, and this case is remanded for further proceedings. The lessor may recover the costs taxed and a special mandate is issued to the Cuyahoga County Court of Common Pleas to execute this judgment. Reversed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: April 4, 2024, Case #: 2024-Ohio-1284, Categories: Property, jurisdiction, contract
J. Wilson grants the Army Corps of Engineers’ motion to dismiss. The contractor, contracted to install modular classrooms for the Texas Elementary School, appeals for $1,087,853 in allegedly unpaid funds, costs, damages, and lost profits incurred by the Corps’ adding work beyond specifications, providing faulty designs, and causing delays. The contractor withdrew from settlement negotiations and the Corp variously approved and denied its request for equitable adjustment. The record shows that the appeal window started when the contractor received the officer’s final decision. The notice of appeal was filed nearly two and a half years beyond the 90-day timeframe and is dismissed for lack of jurisdiction.
Court: Armed Services Board Of Contract Appeals, Judge: Wilson, Filed On: April 3, 2024, Case #: 63605, Categories: Government, jurisdiction, contract
J. Pirtle finds the district court properly reversed the county court's dismissal of a contract action. The company that purchased the home alleges the seller took the gas range and dishwasher when she moved out in violation of the sale agreement. The sheriff's office served the seller, who is not a Nebraska resident, while she was still in Nebraska, and this instate service of process was sufficient to subject the seller to Nebraska jurisdiction. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: April 2, 2024, Case #: A-23-477, Categories: Property, jurisdiction, contract
J. Peterson grants the transportation broker and solar panel supplier's motion to dismiss or transfer the shipping company's lawsuit over issues with two shipments of solar panels, one of which was the result of fraud by an impostor who hacked the company's electronic credentials. In part because the record does not show that the Arizona-based supplier has sufficient business contacts with Wisconsin such that jurisdiction has been established, the case is transferred to the proper venue at the U.S. District Court for the Southern District of Ohio.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: March 29, 2024, Case #: 3:23cv356, NOS: Other Contract - Contract, Categories: jurisdiction, Venue, contract
J. Goodwin denies the Georgia company's dismissal motion in this breach of contract lawsuit brought by an Oklahoma company. The plaintiff company has established a prima facie case for personal jurisdiction, based on the parties' continuing business relationship. Additionally, the arguments presented by the Georgia company do not support a transfer to the Northern District of Georgia.
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: March 29, 2024, Case #: 5:22cv200, NOS: Other Contract - Contract, Categories: jurisdiction, Venue, contract
J. Tsuchida partially denies dismissal of the company owner's complaint that the hacker conference organizer imposed a lifetime ban on him by falsely accusing him of admitting to repeatedly sexually harassing people. The owner alleges sufficient facts to state claims of defamation related to a transparency report announcing his ban and to an update to DefCon's website referring to the owner's behavior.
Court: USDC Western District of Washington, Judge: Tsuchida, Filed On: March 28, 2024, Case #: 2:23cv1932, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Interference With contract, jurisdiction
J. Austin grants the developers' motion to transfer to the Southern District of Florida. The investor says it funded the developer $17.5 million in exchange for an equity investment in underlying real estate investments and the developer breached its fiduciary duty. The developer has filed an appearance in another, similar case in Florida involving the investor, and has moved to quash a subpoena issued to it. The investor's primary corporate and registered offices are in the Southern District of Florida and the Florida defendants, who handled administrative services for the investor, are associated with the original funding to the developer.
Court: USDC South Carolina Aiken, Judge: Austin , Filed On: March 27, 2024, Case #: 6:22cv4501, NOS: Other Contract - Contract, Categories: Real Estate, jurisdiction, contract
J. Menendez partially grants the milking machine makers' motion to dismiss the dairy farmers' suit against them alleging misrepresentation of the machine's capabilities and a number of defects. Claims against two foreign entities and one domestic entity involved in the milking machine business are dismissed for lack of personal jurisdiction, since the farmers have not adequately proved their alter-ego, agency or conspiracy theories of personal jurisdiction. A third foreign entity's motion to dismiss is denied, since disputes persist as to whether it has sufficient contacts with Minnesota to warrant personal jurisdiction. The companies' motions to dismiss for failure to state a claim are denied.
Court: USDC Minnesota, Judge: Menendez, Filed On: March 27, 2024, Case #: 0:22cv1924, NOS: Other Contract - Contract, Categories: Corporations, jurisdiction, contract
J. Goddard denies a monetization technology company's motion for summary judgment concerning a digital media's contract claims. The digital media company is a citizen of the foreign state of Canada and there is no citizen of any state on the technology company's side. "With aliens on both sides of the case, and no party with U.S. citizenship on Zeetogroup's side, the law is well-established that diversity jurisdiction cannot lie."
Court: USDC Southern District of California, Judge: Goddard, Filed On: March 25, 2024, Case #: 3:22cv1396, NOS: Other Contract - Contract, Categories: jurisdiction, contract
J. Boulware grants the behavioral health group's motion to dismiss this breach of contract action. The parties are both citizens of Florida and, having already found that the commercial construction company is a citizen of Florida, the court is without subject matter jurisdiction.
Court: USDC Nevada, Judge: Boulware , Filed On: March 22, 2024, Case #: 2:21cv1790, NOS: Other Contract - Contract, Categories: Health Care, jurisdiction, contract
J. Molberg denies the school district's motion for rehearing, but withdraws the court's prior memorandum opinion and substitutes the current memorandum opinion, holding that the lower court properly denied the school district's plea to the jurisdiction. The contractor sufficiently demonstrated the lower court's jurisdiction in this breach of contract action. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: March 21, 2024, Case #: 05-22-00855-CV, Categories: Civil Procedure, jurisdiction, contract
J. DuBow finds that the lower court improperly sustained the preliminary objections filed by a lawyer in this legal malpractice suit alleging breach of contract filed by a past client, who filed pro se. The court cannot recharacterize the litigant’s contract claim as a tort claim and then dismiss the complaint on the grounds that the statute of limitations ran out. Reversed.
Court: Pennsylvania Superior Court, Judge: DuBow, Filed On: March 21, 2024, Case #: J-A21027-23, Categories: jurisdiction, Legal Malpractice, contract