125 results for 'cat:"Business Practices" AND cat:"Contract"'.
J. Kim partially grants the sued spinal implant manufacturer’s motions in limine against the suing spinal implant manufacturer. This dispute over two competing “expandable cage” spinal implant products that perform the same function will go to jury trial in January 2024. The suing manufacturer accuses the defendant of stealing its design. The court, on the defendant’s motion, bars the suing manufacturer from producing “ambiguous, misleading or new evidence of alleged trade secret misappropriation,” as well as making other claims about the defendant’s product. The court will allow other controversial materials and topics, such as the actions of the defendant’s parent company, to be brought up at trial.
Court: USDC Northern District of Illinois, Judge: Kim, Filed On: December 11, 2023, Case #: 1:19cv7092, NOS: Other Contract - Contract, Categories: Trade Secrets, Interference With contract, business Practices
J. Mendheim finds the circuit court properly ruled that sellers of a hemophilia company had the right to enforce payment of a promissory note. The debtors' argument that the sellers did not prove who possessed the note is without merit. The case is remanded to allow further explanation of the calculation of the attorney fees and expenses. Affirmed in part.
Court: Alabama Supreme Court, Judge: Mendheim, Filed On: December 1, 2023, Case #: SC-2023-0058 , Categories: business Practices, Attorney Fees, contract
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J. Choe-Groves denies the corporate plaintiff's motion for a preliminary injunction and grants in part the individual defendants' motion for partial summary judgment in this lawsuit arising from an asset purchase and sale agreement for certain business assets. The corporate plaintiff's request for a preliminary injunction is denied as moot, as the requested relief has already expired. Summary judgment is granted to the individual defendants, who sold the business assets at issue, as to certain claims, including fraudulent inducement, unfair competition and false designation of origin under the Lanham Act.
Court: USDC Northern District of Oklahoma , Judge: Choe-Groves, Filed On: December 1, 2023, Case #: 4:19cv145, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, business Practices, contract
J. D’Angelo affirms most of the summary judgment in favor of a farm which was sued by a financing firm. The farm told the firm it would no longer need its services once a real estate company procured financing for its project, even though the farm had agreed to give the firm exclusive authorization to procure equity on the farm’s behalf. The firm did not have an exclusive right to work on the farm’s behalf, but summary judgment is vacated where it concerns the regulation of business practices for consumer protection, because there is evidence the farm intentionally misled the firm to believe it was agreeing to something more exclusive than it actually was.
Court: Massachusetts Court Of Appeals, Judge: D’Angelo, Filed On: November 29, 2023, Case #: 22-P-630, Categories: business Practices, Business Expectancy, contract
J. Rochon denies the cleanroom manufacturer's motion to strike the purchaser's request for a jury trial in this contract dispute over a $2.6 million deal for the construction of two cleanrooms used for the construction of electronics. In addition, the manufacturer allegedly charged an additional $1 million to the company's credit card for purchases unrelated to the contract. The company may pursue an unjust enrichment claim separate from its breach of contract claim for these unauthorized credit card charges.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: November 9, 2023, Case #: 1:23cv2082, NOS: Other Contract - Contract, Categories: Negligence, business Practices, contract
J. Rochon denies the third-party seller's motion to vacate an arbitration award in favor of Amazon based on the e-commerce giant's withholding of $524,000 in payments due to the seller's violation of its policy regarding incentives for positive reviews. The arbitrator ultimately allowed Amazon to keep $100,000 of the funds as a penalty for the company's policy violation and based on evidence that the company used a false identity to mask its true owners. There is no public policy ground to vacate the award, and the damages are reasonable given the difficulty in quantifying the impact to Amazon's brand and reputation.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: November 7, 2023, Case #: 1:23cv3334, NOS: Arbitration - Other Suits, Categories: Arbitration, business Practices, contract
J. Byrne finds the court of appeals properly ruled against an investor who sued the members of a company, claiming he was also a member who had a stake in real estate it had purchased. Looking at the plain language of the agreement establishing membership to the company, the investor was required to make capital contributions. Because those contributions were never made, he cannot be considered a member under the agreement. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: October 20, 2023, Case #: 03-21-00513-CV, Categories: Corporations, business Practices, contract
J. Rodriguez finds a lower court ruled correctly in granting a directed verdict to a businessman after he was sued by a former business partner seeking equitable contribution following a lawsuit with a subcontractor. The former business partner cannot bring an equitable contribution case because she offered “no evidence” that she made “a compulsory payment of more than her fair share of the parties’ common obligation.” Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: October 19, 2023, Case #: 08-23-00031-CV, Categories: Damages, business Practices, contract
J. Kleeh grants the ski resort's motion for judgment on the pleadings in its dispute with a hotel owner claiming the resort breached the amenities and privileges provision in the recreational covenant of its 1979 deed when it failed to offer a "Lift Ticket Guarantee" to all hotel guests during the early stages of the Covid-19 pandemic. The recreational covenant in the deed between the resort's and hotel owner's predecessors is a personal, and not real property, covenant.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: October 10, 2023, Case #: 2:22cv18, NOS: Other Contract - Contract, Categories: Property, business Practices, contract
J. Copenhaver grants the law firm's motion for summary judgment in the medical supply company's breach of contract suit against it and their client - a medical products distributor - for unauthorized disbursement of the lion's share of a $364,000 cashier's check that was to be held in escrow for payment of personal protective equipment. There is no genuine issue of material fact that the contract was between the company and the distributor, and the law firm was only acting as the distributor's agent.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: October 5, 2023, Case #: 2:21cv400, NOS: Other Contract - Contract, Categories: business Practices, Covid-19, contract
J. Stearns denies a business manufacturing company's motion to stay this lawsuit, brought against it by an aluminum supplier, until there is an outcome to the business manufacturer's lawsuit against the aluminum supplier in the Supreme Court of British Columbia. The two lawsuits differ enough that they can both occur simultaneously.
Court: USDC Massachusetts, Judge: Stearns, Filed On: September 19, 2023, Case #: 1:23cv11431, NOS: Other Contract - Contract, Categories: business Practices, Warranty, contract
J. Casper denies a bike tour company's motion to dismiss claims brought against it by a Salem company relating to the purchase of a defective 15-person bike. The bike tour company claims the court lacks personal jurisdiction, but members of the bike tour company communicated with the Salem company representative while they were in Salem by phone, e-mail and text to transact business.
Court: USDC Massachusetts, Judge: Casper, Filed On: September 18, 2023, Case #: 1:21cv11418, NOS: Other Contract - Contract, Categories: Jurisdiction, business Practices, contract
J. Trauger partially grants the equipment supplier's motion for judgment on the pleadings as to certain counterclaims brought by the independent dealer in this dispute involving a distributor sales and service agreement. Certain counterclaims are premised on the incorrect assumption that the supplier was "barred by the parties' contract from relying on other dealers in Minnesota." Accordingly, judgment is proper as to those counterclaims.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: September 11, 2023, Case #: 3:22cv308, NOS: Other Contract - Contract, Categories: business Practices, contract
J. Gordon grants the insurer’s motion to dismiss aspects of this insurance dispute brought by a truck driver who was injured in an accident caused by an unknown party. The driver brings a variety of claims against his company's insurance provider, including breach of contract, fraud and civil conspiracy. Certain allegations of intentional misrepresentation and conspiracy do not identify whether or not the provider or its parent company made the alleged representations, when, or how the representations were communicated. Also, a parent company cannot conspire with its subsidiary and a company generally cannot conspire with its own employees. Breach of contract claims will be allowed to proceed. The precise relationship between the involved entities is unclear from the policy, the complaint’s allegations and representations made by the companies, and it is premature to conclude that the driver cannot state a claim. He is given leave to amend.
Court: USDC Nevada, Judge: Gordon, Filed On: August 31, 2023, Case #: 2:22cv1974, NOS: Insurance - Contract, Categories: Insurance, business Practices, contract
Per curiam, the appellate division finds that the lower court properly found for the German production and distribution company in a dispute over a contract to distribute nine films. The U.S. film distributor failed to provide the German company with timely accounting statements, and an audit discovered that it failed to fully report its sublicensing agreements. Therefore, the German company was entitled to terminate the parties' agreement for several material breaches. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 31, 2023, Case #: 04479, Categories: business Practices, contract
J. Kleeh grants the oil and gas exploration company's motion to certify the following questions to the West Virginia Supreme Court in the Pleasants County landowner's suit disputing royalty payments: 1) Is there an implied duty to market for leases containing an in-kind royalty provision? and 2) Do the requirements for the deductions of post-production expenses from Wellman v. Energy Resources, Inc., 557 S.E.2d 254 (W. Va. 2001) and Estate of Tawney v. Columbia Natural Resources, 633 S.E.2d 22 (W. Va. 2006), apply to leases containing an in-kind royalty provision?
Court: USDC Northern District of West Virginia, Judge: Kleeh , Filed On: August 25, 2023, Case #: 1:22cv51, NOS: Other Contract - Contract, Categories: Energy, business Practices, contract
J. Chambers denies, in part, an insurer's motion for summary judgment in a couple's car collision coverage dispute. Questions of fact remain whether the insurer unreasonably delayed making a settlement offer.
Court: USDC Southern District of West Virginia, Judge: Chambers , Filed On: August 24, 2023, Case #: 3:21cv637, NOS: Insurance - Contract, Categories: Insurance, business Practices, contract
J. Sabraw grants LLC Enterprise's motion to disqualify Stryder Holdings' counsel in a lawsuit over the purchase of a company, Empire Ecommerce, that allegedly had numerous liabilities that were not disclosed prior to the sale. Stryder's counsel must be disqualified from the case due to its prior representation of Empire Ecommerce. The law firm had "a direct and personal relationship" with Empire both during Snyder's operation of Empire and after LLC Enterprise's acquisition of Empire.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: August 24, 2023, Case #: 3:22cv1944, NOS: Other Contract - Contract, Categories: Fraud, business Practices, contract