371 results for 'cat:"Civil Procedure" AND cat:"Contract"'.
J. Poissant finds that the trial court improperly ruled in favor of the decedent's independent executrix in a dispute over a previously-assigned interest in a hospice care business. The former co-owner raised a fact issue on his declaratory relief claim alleging the assignment lacked adequate consideration and was void. Reversed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: March 21, 2024, Case #: 14-22-00144-CV, Categories: civil Procedure, contract
J. Ruiz denies the health care providers' motion to dismiss on the grounds of res judicata, ruling their settlement with the Ohio Attorney General does not bar the current action. Although it deals with the same subject matter - the operation of sham corporations to funnel health insurance premiums to individuals running the companies - the attorney general could not litigate claims on the part of the consumers who filed the lawsuit.
Court: USDC Northern District of Ohio, Judge: Ruiz, Filed On: March 20, 2024, Case #: 5:21cv2001, NOS: Other Contract - Contract, Categories: civil Procedure, Health Care, contract
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J. Russell partially grants cross-motions to dismiss for failure to state a claim in this ongoing suit concerning breach of contract and trade secrets between an insurer and a former employee. The employee argues the non-solicitation restrictions shouldn’t be enforceable because Maryland courts generally do not favor “agreements that restrict former employees from soliciting all clients of a former employer, rather than only those with whom the former employer worked directly.” However, the company does not allege the employee’s position within the company, her sales or exposure to customers making the agreement overbroad and unenforceable as matter of state law. The employee must answer the complaint.
Court: USDC Maryland, Judge: Russell, Filed On: March 19, 2024, Case #: 1:23cv961, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: civil Procedure, Trade Secrets, contract
J. Dietz allows plaintiff to continue claims concerning the award of a contract to procure telematic devices for installation in the U.S. Postal Service's vehicle fleet because the company sufficiently pleaded the complaint and was not required to exhaust agency-level protest procedures.
Court: Court of Federal Claims, Judge: Dietz, Filed On: March 12, 2024, Case #: 24-63, Categories: civil Procedure, contract
[Consolidated.] J .Gabriel finds the lower court erroneously dismissed the homeowners' lawsuits against their insurance companies. Although their insurance claims were untimely, according to the policy language, the courts should have applied the notice-prejudice rule adopted by this court in other insurance disputes. The homeowners' policies and subsequent claims were occurrence policies under which the notice requirements are included only to allow the insurer to investigate the claim and are not fundamental contractual terms. Therefore, the case must be remanded to allow the lower courts to determine whether the homeowners' delays in filing were reasonable. Reversed.
Court: Colorado Supreme Court, Judge: Gabriel, Filed On: March 11, 2024, Case #: 2024CO13, Categories: civil Procedure, Insurance, contract
J. Robinson finds that the trial court properly granted a landlord dismissal of a tenant's claims based on res judicata. Notice of appeal was not filed pertaining to the failure to timely serve defendants, and thus arguments relating to such were not properly before the court. Finally, the district court properly exercised jurisdiction over plaintiff’s equitable claims. Affirmed.
Court: Rhode Island Supreme Court, Judge: Robinson , Filed On: March 11, 2024, Case #: 23-79, Categories: civil Procedure, contract
Per curiam, the appeals court finds the trial court improperly granted summary judgment to the insurance company in the disaster management business' lawsuit over coverage involving an accident at a job site in Louisiana where workers were cleaning up an oil spill. The trial court incorrectly concluded that the business lacked standing, that its claims were barred by judicial estoppel, and that there were no disputes of fact over whether the insurance company obtained the coverage the business requested, so its order is reversed and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: March 8, 2024, Case #: 23-0182, Categories: civil Procedure, Insurance, contract
J. Cole denies the property seller's motion to dismiss, ruling its assignment of its interests in the property at issue to a third party does not absolve it from liability on all the contract claims brought by the buyer. Specifically, the seller could still be held liable for its failure to deliver an environmental viability certificate following the removal of underground fuel storage tanks.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: March 6, 2024, Case #: 1:23cv727, NOS: Other Contract - Contract, Categories: civil Procedure, contract
J. Stark finds that the trial court improperly dismissed an appeal brought under the Contract Disputes Act concerning an FDA contract because the civilian board of contract appeals failed to provide the company an opportunity to be heard.
Court: Federal Circuit, Judge: Stark, Filed On: March 6, 2024, Case #: 22-1784, Categories: civil Procedure, contract
Per curiam, the circuit finds that the district court properly dismissed a lawyer's collections claims for consulting services allegedly provided to former president Barack Obama and former first lady Michelle Obama because the lawyer had not entered a contract with the Obamas, and the demand for payment for work performed during a pro bono externship with a New York City law firm was untimely under the state statute of limitations. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: March 4, 2024, Case #: 23-1178-cv, Categories: civil Procedure, contract
J. Contreras finds that the lower court improperly entered a default judgment against the appellant in this breach of contract suit involving the sale of an aircraft. The record indicates that the appellee failed to "strictly comply with the methods of service under the rules of civil procedure." Accordingly, there was no personal jurisdiction over the appellant. Reversed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: February 29, 2024, Case #: 13-23-00236-CV, Categories: civil Procedure, Jurisdiction, contract
J. Silva finds that the lower court properly denied the county's plea to the jurisdiction in this contract case arising from a hurricane's "landfall and resulting destruction along the Coastal Bend." The appellee contends that it is owed for certain remediation work, and it sufficiently "pleaded facts that would support a waiver of immunity." Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: February 29, 2024, Case #: 13-23-00324-CV, Categories: civil Procedure, Jurisdiction, contract
J. Kruger holds that the trial court was within its discretion to deny a builder's request for relief from its waiver of its right to a jury trial in a contract dispute with a homeowner. The trial court properly prioritized the hardship the builder faced in preparing for a jury trial that the homeowner had requested, and then waived, when considering the builder's request for relief from its own jury trial waiver. But the trial court also had discretion to consider that the builder failed to demand a jury or post jury fees until the day the trial began. Also, the builder failed to show on appeal that the denial caused actual prejudice. Affirmed.
Court: California Supreme Court, Judge: Kruger, Filed On: February 26, 2024, Case #: S273368, Categories: civil Procedure, Jury, contract
J. Busby finds that severing claims disposed of on partial summary judgment into a new action renders the judgment final even though other claims remain pending in the original action. The severed action became final when the severance order was signed. The court of appeals improperly found that it lacked jurisdiction to hear the losing party's appeal. Reversed.
Court: Texas Supreme Court, Judge: Busby, Filed On: February 23, 2024, Case #: 22-0459, Categories: civil Procedure, Jurisdiction, contract
J. Carlyle finds that the lower court properly granted the appellee company's summary judgment motion and plea to the jurisdiction. The pro se appellant contends that the lower court violated due process "when it dismissed her claims despite lacking jurisdiction to reach the merits." But courts must dismiss the case when there is a lack of jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: February 22, 2024, Case #: 05-22-01357-CV, Categories: civil Procedure, Jurisdiction, contract
J. McShan finds that the lower court properly declined to vacate default judgment in a dispute over installation of a modular home because the court did not abuse its discretion in determining that the installers lacked a reasonable excuse for failing to appear after being put on notice that litigation would be initiated and default could occur if they failed to respond. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: February 22, 2024, Case #: CV-23-0995, Categories: civil Procedure, contract
J. Palafox finds a lower court did not err in denying a motion to compel arbitration filed by a construction company against a customer after that customer sued, alleging faulty and late work on a pool. While the construction company argued there was a valid arbitration clause in their contract, they did not raise this demand until after almost two years of court fights, and while the construction company argued they were not aware of the arbitration clause until late in the case, they had in fact demanded arbitration much earlier. As a lawyer for the consumer argues, parties should have “knowledge of provisions contained in their own contracts.” Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: February 15, 2024, Case #: 08-23-00102-CV, Categories: Arbitration, civil Procedure, contract