4,551 results for 'cat:"Contract"'.
J. Jenkins finds that the trial court properly found the city 90 percent at fault, and a construction company ten percent at fault, for the wrongful demotion of a property. After the city issued a notice of emergency demolition of the property and contracted with the construction company for demolition, it instructed the construction company to put the property on a "Do Not Demolish" list. However, the city's demolition coordinator and deputy director of code enforcement kept separate “Do Not Demolish” lists, and the deputy director of code enforcement failed to inform the construction company that the property should not be demolished after being texted that the construction company was at the property. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: May 10, 2024, Case #: 2023-CA-0659, Categories: Property, contract
J. Ludwig partially grants motions to dismiss from former employees and business partners of the car dealer claiming they violated multiple state and federal laws during a soured business deal related to the dealer's entry into the market for car financing and insurance products and services. Many of the dealer's "conclusory assertions" and "over-the-top rhetoric" do not fit the facts presented, so its RICO Act claims, Lanham Act claims and unjust enrichment claims against the former employees and one of the businesses it partnered with are dismissed. Surviving, in part, are trade secrets claims against three former employees and the business partner, and identity theft, civil conspiracy and aiding and abetting claims against the former employees.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: May 10, 2024, Case #: 2:23cv1204, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fiduciary Duty, Conversion, contract
J. Molberg conditionally grants the relators' petition for a writ of mandamus, in which they seek to compel the judge in the underlying contract case to rule on certain pending motions. The court concludes that the motions were properly filed and the "trial judge has failed to rule within a reasonable time."
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: May 10, 2024, Case #: 05-24-00191-CV, Categories: Civil Procedure, contract
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J. Hunt, in this complex contract disagreement between the suing painting service franchisor and sued painting service franchisee, grants the franchisor’s motion for summary judgment on the franchisee’s false inducement counterclaims, and denies both parties’ cross-motions for summary judgment on the franchisor’s breach of contract and guaranty claims. The court finds the language of the franchise contract is too ambiguous to justify either a false inducement claim or a definitive summary judgment for either party on contract and guaranty breach claims.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: May 10, 2024, Case #: 1:20cv4919, NOS: Franchise - Contract, Categories: Business Practices, contract
J. McShane grants the customers' motion for class certification for their complaint alleging that the aerospace company scrapped its plan to sell E1000 planes in violation of customer reservation and deposit agreements. The customers meet the numerosity requirement for class certification because they are located in over 20 states and countries, with none living in Oregon, and the class action meets the superiority requirement because none of the customers filed a related or competing lawsuit.
Court: USDC Oregon, Judge: McShane, Filed On: May 10, 2024, Case #: 6:21cv1199, NOS: Other Contract - Contract, Categories: Class Action, contract
J. Cadish finds the district court properly dismissed the death row inmate's suit against the drug distributor that handles the drugs that will be used in his lethal injection. The inmate claims the distributor falsely represented it had legitimate medical rationales for purchasing the drugs. Though the inmate made a showing he was an incidental beneficiary, he did not adequately allege how he relied on the sale agreements. He also did not properly allege the distributor owed him a duty. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: May 10, 2024, Case #: 85826, Categories: Health Care, contract, Prisoners' Rights
J. Crichton finds that the court of appeal should not have determined that a contractor truck driver’s cross claim for indemnity and defense made before a judicial finding of liability is premature in this car accident action. Under statute, the right to collect on an indemnity agreement is determined on a finding of liability. However, there is no prohibition on making a claim for indemnity in the same proceeding. Reversed.
Court: Louisiana Supreme Court, Judge: Crichton, Filed On: May 10, 2024, Case #: 2023-CC-01358, Categories: Indemnification, contract
J. Griesbach grants summary judgment to the employees in their lawsuit against their bosses at the phone and wireless service vendor claiming unpaid wages and bonuses. The employees have shown they were not paid their full salaries, bonuses and minimum wage for their work as sales associates and that the bosses are personally liable for the breaches, so one of the employees is granted a judgment of $10,094; the second employee is granted a judgment of $16,692; and the third is granted a judgment of $17,600.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: May 10, 2024, Case #: 1:22cv894, NOS: Fair Labor Standards Act - Labor, Categories: Employment, contract
J. Mortensen finds that the trial court properly denied a phone book publisher's motion for judgment as a matter of law because of ambiguity in the terms of a contract with a plumber for a phone book listing. Extrinsic evidence was properly admitted to resolve the ambiguities. And attorney fees to the plumber were supported by its success in defending the contract claim. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: May 9, 2024, Case #: 20220339-CA, Categories: Evidence, Attorney Fees, contract
J. Penzato finds that the workers' compensation judge properly granted summary judgment in favor of the festival company in a jouster's claim for benefits for injuries sustained while performing at a renaissance festival when he was knocked off his horse. The jouster was exempted from workers' compensation coverage since he was "rendering services pursuant to a performance contract." Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: May 9, 2024, Case #: 2023CA1003, Categories: Employment, contract, Workers' Compensation
J. Guerra finds that the trial court properly granted an amended temporary injunction in an action over the alleged violation of a non-compete agreement. The injunction, which forbids the nurse practitioner from working as a nurse practitioner in a medical environment within a 20-mile radius of the business that she sold. There is sufficient evidence that the nurse practitioner has caused irreparable harm by working within one mile of her former business and diverting her patients to her new practice. Affirmed.
Court: Texas Courts of Appeals, Judge: Guerra, Filed On: May 9, 2024, Case #: 01-23-00482-CV, Categories: contract, Injunction
J. Ramos finds that the lower court grants the biotech company's motions for attorney's fees after prevailing in a contract dispute over the alleged breach of a finder's fee agreement. The contract is silent on the issue of attorney's fees, so the company is not barred from seeking them, but it must resubmit billing statements for its attorneys that disaggregate which portions of the total are attributable to which attorney or paralegal.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: May 9, 2024, Case #: 1:20cv1391, NOS: Other Contract - Contract, Categories: Attorney Fees, contract
J. Barnes finds the district court improperly found in favor of the insurance claimant. The adult son was injured in an accident arising from his mother's loss of control of her vehicle and filed a negligence suit against her. She filed a third-party petition against the insurer alleging breach of contract and bad faith, and was awarded compensatory and punitive damages, as well as attorney fees. The mother's argument the insurer failed to indemnify her because it denied coverage prior to suit is without merit. There is no basis for her claim the insurer breached its duty of good faith and fair dealing. Reversed.
Court: Oklahoma Courts Of Appeal, Judge: Barnes , Filed On: May 9, 2024, Case #: 120117, Categories: Insurance, Negligence, contract
J. Kloppenburg finds the circuit court improperly granted the insurance company's motion to dismiss a lawsuit from a construction company assigned an insurance policy claim from a funeral home where the construction company replaced the roof after it sustained hail damages. The construction company has sufficiently alleged its claim that the insurance company refused to engage in the appraisal processes under the relevant property insurance policies, and the circuit court improperly considered allegations of fact in briefs from the insurance company under law governing motions to dismiss, so the order is reversed and the case is remanded for further proceedings. Reversed.
Court: Wisconsin Court of Appeals, Judge: Kloppenburg, Filed On: May 9, 2024, Case #: 2023AP002109, Categories: Insurance, contract
J. Christiansen Forster upholds the Utah Procurement Policy Board's conclusion that a bid for a five-year contract to provide drug and alcohol testing for the child and family services division was unresponsive. The Board was not unreasonable or incorrect, having adequately reviewed the record and considered the bidder's arguments. Substantial evidence that the bidder offered fewer collection sites and fewer qualified staff available to testify in court cases supported the rejection. Affirmed.
Court: Utah Court Of Appeals, Judge: Christiansen Forster, Filed On: May 9, 2024, Case #: 20220388-CA, Categories: Government, contract
J. Messitte denies an insurance broker’s post-verdict motion for judgment as a matter of law, a motion for remittitur, and a motion for a new trail in this contract lawsuit brought by an electrical contractor. The court upholds the jury’s verdict and enters the final judgment of $2 million, plus court cost in favor of the contractor.
Court: USDC Maryland, Judge: Messitte, Filed On: May 9, 2024, Case #: 8:21cv1017, NOS: Other Contract - Contract, Categories: Settlements, contract
J. Pena finds that the lower court properly denied the appellant’s dismissal motion pursuant to Chapter 74. The appellant contends that the plaintiff’s claim is a health care liability claim and that the expert report was not timely served. However, the complaint concerns the handling of a refund request after a surgery was not performed. Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: May 9, 2024, Case #: 13-22-00508-CV, Categories: Health Care, Experts, contract
J. Dever grants a multi-level marketing company and three of its corporate officers’ motions to compel arbitration following allegations of defamation, battery and contractual interference brought by a former independent business owner. The owner contracted with the company to sell its products. He expressed concern that the company was not investigating its support of former Vice President Mike Pence with regard to the 2020 election. Conflicts between the owner and the three officers escalated until, at a baseball game where company staff attended together, the officers allegedly accosted him and accused him of being armed, “mentally ill,” and “of the Devil,” then called the police. The police then escorted him out of the park where he claims ten of them punched and kicked him, breaking his ribs. The owner is unopposed to the company moving for arbitration but disagrees that the individuals involved can arbitrate because they didn’t sign the contract between him and the company. However, the individuals are affiliated with the company and can therefore compel arbitration.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: May 9, 2024, Case #: 5:23cv442, NOS: Other Contract - Contract, Categories: Arbitration, Defamation, Interference With contract
J. Urias grants the car dealership's motion to compel arbitration, ruling the agreement signed by the buyer is a valid contract, while the delegation provision to allow the arbitrator to determine recovery of attorney fees is not unconscionable and the burden of arbitration is not "so onerous" as to render the agreement unenforceable.
Court: USDC New Mexico, Judge: Urias, Filed On: May 9, 2024, Case #: 1:23cv1057, NOS: Other Fraud - Torts - Personal Property, Categories: Arbitration, Fraud, contract
J. Trotter finds that the lower court properly granted summary judgment to the appellee in this breach of contract case but improperly awarded attorney fees. Accordingly, the fee issue is remanded to determine the amount of reasonable fees to be awarded, if any. Additionally, the award for appellate fees is due to be reversed, as the appellee acknowledges "there is no proof in the record" supporting the award. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: May 9, 2024, Case #: 11-23-00036-CV, Categories: Attorney Fees, contract
J. Williams finds that the lower court properly awarded $0 in damages to the appellant in this breach of contract case involving oilfield equipment that allegedly fell into an oil well and had to be retrieved. Additionally, the amount owed to the appellee under multiple invoices was not “previously discharged by any material breach,” as the appellant argues. Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: May 9, 2024, Case #: 11-22-00230-CV, Categories: Damages, contract
J. Wilson finds that the trial court improperly dismissed the lender's breach of contract claim for lack of standing. The lender alleged sufficient facts to show standing on the claim for an unpaid loan against the individual accused of misdirecting the funds "for the benefit of a different religious community." Reversed in part.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: May 9, 2024, Case #: 14-23-00131-CV, Categories: Jurisdiction, contract
J. Harris finds that the trial court properly awarded damages and attorney fees to a food distributor, and rejected a food supplier's motion for a new trial in a dispute over invoices for tortillas. The supplier claimed an inconsistent verdict but breach of contract and the implied covenant of good faith and fair dealing are independent causes of action so the jury could find bad faith without finding a breach of terms. And a jury could reasonably award damages based on the bad faith claim after finding that the elements of a contract claim aside from damages had not been met. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: May 9, 2024, Case #: 20220982-CA, Categories: Damages, Attorney Fees, contract
J. Schutz finds that even though the law firm failed to disclose a conflict of interest in representing both the mother and absent father during probate and civil proceedings related to the wrongful death of their son, its misconduct was not so egregious that it precluded an award of attorney fees for work completed before the mother terminated the parties' contingency agreement. The firm engaged in significant advocacy for the estate and eventually earned the largest financial settlement in Colorado history. However, because it did not technically complete all of the work required under the contingency agreement, it was not entitled to 40% of the settlement amount, but will instead be awarded $1.4 million in fees. Affirmed in part.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: May 9, 2024, Case #: 2024COA50, Categories: Attorney Fees, contract