224 results for 'cat:"Damages" AND cat:"Contract"'.
J. Shea denies the client's motion for a new trial, ruling the jury's finding of a willful and malicious breach of its services contract with the law firm is not against the weight of the evidence, which indicated the client was happy with the firm's performance up until it learned of the adverse jury verdict in the underlying Kentucky trial and then simply refused to pay its legal fees. Meanwhile, because the question of whether the firm and other litigants can seek punitive damages on a contract claim outside the context of an insurance dispute is unsettled in Connecticut, the issue must be certified to the Connecticut Supreme Court for consideration.
Court: USDC Connecticut, Judge: Shea, Filed On: February 8, 2024, Case #: 3:19cv1124, NOS: Other Contract - Contract, Categories: damages, Attorney Fees, contract
J. Breedlove finds that the lower court improperly awarded damages to the bank in this breach of contract case involving the lease of an aircraft. The evidence is not sufficient to support the award for damages, specifically regarding "diminution in value of the aircraft." The attorney fees must also be reconsidered on remand. Reversed in part.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: February 7, 2024, Case #: 05-22-01057-CV, Categories: damages, Banking / Lending, contract
J. Usman finds the lower court properly found in favor of an employee in this contract and employment matter. A timeshare cancellation negotiating company terminated an employee for attendance issues, but the employee argued her termination was retaliatory because she invoiced the company for unpaid commissions per her employment contract. A jury agreed with the employee and awarded her damages for breach of contract, unjust enrichment, retaliatory discharge and punitive damages. The employer argued the awards were erroneous and excessive, but the instant court finds no error in the trial court’s determination. Affirmed.
Court: Tennessee Court of Appeals, Judge: Usman, Filed On: February 6, 2024, Case #: M2022-00630-COA-R3-CV, Categories: damages, contract, Employment Retaliation
[Consolidated.] J. Brody finds that one of two trial courts hearing aspects of the same dispute over allegedly poached employees and trade secrets abused its discretion when it increased an award from $1 million to $2.3 million, as the award was not the result of passion or prejudice, and its injunctive order was overly broad. The second trial court properly held that the preliminary injunction was overly broad and unenforceable since it restrained lawful conduct. Reversed in part.
Court: Idaho Supreme Court, Judge: Brody, Filed On: February 2, 2024, Case #: 49418, Categories: Trade Secrets, damages, Interference With 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. Zimmerer finds that the trial court partly erred in its finding of joint and several liability for a breach of contract claim relating to a dispute over sharing of profits for a construction business that involved three individuals. There was insufficient evidence that the bookkeeper for the business was part of the agreement to split the profits. Reversed in part.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: February 1, 2024, Case #: 14-23-00124-CV, Categories: damages, contract
J. Cureton awards $1 in damages on a company's breach of its lease agreement with a machine-maker. Although the machine-maker seeks more than $1 million in damages, it does not provide evidence of the market value of the machines at the time of the breach, nor does it seek damages for the $518,000 in costs it spent refurbishing the machines to the company's specifications.
Court: USDC Northern District of Texas , Judge: Cureton, Filed On: February 1, 2024, Case #: 4:21cv1292, NOS: Other Contract - Contract, Categories: damages, contract
J. Love finds that the trial court should not have denied a former building owner's motion for partial summary judgment on the new tenants' claims that they were exposed to toxic barrels stored in the building. In this case, the new tenants did not show that the former owner actively engaged in conduct showing a “wanton or reckless disregard for the public safety in the storage, handling, or transportation of hazardous or toxic substances” under the relevant statute. The former owner's ownership of the toxic barrels does not constitute "conduct" to entitle the tenants to punitive
damages. Reversed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: January 30, 2024, Case #: 2023-C-0796, Categories: Civil Procedure, damages, contract
J. Pallmeyer grants a real estate services company’s motion for judgment on the amount of money its former real estate broker owes it. The broker took a job with the company in 2018; his compensation agreement included a $1,375,000 loan that he wouldn’t have to repay so long as he didn’t quit before the end of 2024 without “good reason.” He quit anyway in 2020 after the company restructured how it awards commissions to its brokers. The company won summary judgment in the resulting lawsuit it brought against him, and now the court finds the broker owes the company over $1,894,000, which includes the loan, interest and taxes.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: January 26, 2024, Case #: 1:20cv3540, NOS: Negotiable Instrument - Contract, Categories: Employment, damages, contract
J. Gruender finds a lower court properly dismissed a freight service's challenge to a post- trial order concerning contract claims brought by a components manufacturer. The freight service argued that it properly charged the components manufacturer a fee for delivery services. However, the components manufacturer sufficiently showed in court that the freight service's base rate was a "much higher 'rounder' rate." Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: January 25, 2024, Case #: 23-1379, Categories: Fraud, damages, contract
J. Hernandez partially grants the exporter default judgment for its complaint that the discretionary trading trust bought $2.9 million in lumber, rejected the delivery when it arrived, but then took possession of it and sold the lumber to a third-party without paying the exporter. While the $2.9 million in damages are granted without issue because that is the amount owed on the invoice, the exporter seeks pre-judgment interest on its United Nations Convention on Contracts for the International Sale of Goods claim, which does not arise under state law. The exporter is to supplement its motion with new pre-judgment interest calculations consistent with the federal rate within 30 days.
Court: USDC Western District of Washington, Judge: Hernandez, Filed On: January 24, 2024, Case #: 3:22cv1041, NOS: Other Contract - Contract, Categories: damages, contract
J. Bradford finds that the trial court improperly ruled in breach of contract claims because monetary awards for breach of a construction project contract may have been valid, but two mechanic's liens were not. Meanwhile, the court improperly included the value of unused materials in the amount of a separate mechanic's lien, and the property owner should not have been ordered to pay prejudgment interest to the construction company. Reversed in part.
Court: Indiana Court Of Appeals, Judge: Bradford, Filed On: January 19, 2024, Case #: 22A-PL-1968, Categories: Construction, damages, contract
J. Stabile finds that the lower court properly awarded monetary damages to two former executives of a design firm in this employment contract dispute in which they allege they were promised and then not awarded partnership equity in the company. The trial court did not abuse its discretion in drawing an adverse inference against the company’s founder. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: January 16, 2024, Case #: J-A19017-23, Categories: Employment, damages, contract
J. Goldberg affirms a lower court judgment ruling in favor of two would-be home buyers, finding the trial court properly awarded them the return of their $31,000 deposit. Contrary to the seller’s assertions, the buyers were ready, willing, and able to close on the sale and the seller is not entitled to the deposit because the seller breached the purchase and sales agreement for the property. Ample facts support the trial court’s decision. Affirmed
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: January 16, 2024, Case #: 23-46, Categories: Real Estate, damages, contract
J. Kapnick finds that the lower court improperly denied the purchaser prejudgment interest on its $626,000 downpayment on contracts of sale for three properties. The law specifying that the purchaser's "sole remedy" in the even of sellers' breach is the return of its downpayment does not preclude the award of interest at the statutory rate. Reversed.
Court: New York Appellate Divisions, Judge: Kapnick, Filed On: January 16, 2024, Case #: 00164, Categories: Real Estate, damages, contract
J. Mays finds the trial court properly awarded the landscaping company more than $62,000 in damages for side work performed by the former employee while he was still employed. The employee's claim he only took on jobs the company could not handle was rebutted by a coworker's testimony the company was willing and able to complete all of the jobs the employee turned down so he could do the work on his own. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mays, Filed On: January 11, 2024, Case #: 2024-Ohio-73, Categories: Trade Secrets, damages, contract
J. Meyer grants the Connecticut-based car dealership warranty provider's motion for summary judgment, ruling the New Jersey-based warranty provider cannot prove damages because evidence in the record indicates commissions paid after the Connecticut company took over the accounts of four dealerships were paid to a related, but separate business entity not named as a defendant in this case.
Court: USDC Connecticut, Judge: Meyer, Filed On: January 9, 2024, Case #: 3:21cv659, NOS: Other Contract - Contract, Categories: damages, Interference With contract, contract
J. Delaney recommends granting default judgment to a plastic sheet manufacturer and awarding it $265,000 on its contract claim against a packaging company. The packaging company did not file an opposition, and the manufacturer has sufficiently pleaded its claims of breach of contract, account stated, and goods sold and delivered.
Court: USDC Eastern District of California, Judge: Delaney, Filed On: January 8, 2024, Case #: 2:22cv1700, NOS: Other Contract - Contract, Categories: damages, contract
J. Hodge finds the superior court partially erred in its rulings in a more than 15-year dispute between the restaurant owners and their landlords in part alleging breach of contract, fraud and defamation, including allegations that one of the landlords publicly smeared the owners after a disagreement over their lease in which the landlord said he did not like the direction the restaurant was heading and wanted it to operate more like a "white, middle-class restaurant." In part, the portions of the superior court's order vacating the jury's verdict for the owners on their defamation claims as to one of the landlords are vacated and those portions of the jury's verdict are reinstated; the portion of the lower court's order vacating damages awarded for breach of contract is reversed; and the portion setting aside the jury's awards on other defamation claims and punitive damages is affirmed. On remand the superior court is ordered to determine post-verdict pre-judgment interest the owners are owed. Affirmed in part.
Court: Virgin Islands Supreme Court, Judge: Hodge, Filed On: January 3, 2024, Case #: 2024 VI 1, Categories: damages, Defamation, contract
J. Ludwig finds in favor of the bank in its dispute with a towing company over the repossession of two of the company's trucks after it defaulted on its loan payments. In part because the facts are undisputed that the company breached its contracts with the bank and the company has failed to show the bank failed to mitigate damages by offering the company a third chance to modify its loans, the bank's motion for summary judgment is granted.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: December 29, 2023, Case #: 2:21cv1163, NOS: Other Contract - Contract, Categories: damages, contract
J. Liman partially grants the venture capital firm's motion for a new trial. While the employee proved that the employer violated the terms of the offer letter by failing to pay her a cash bonus. However, the $1.5 million award is excessive. The former employee has the choice between a new trial on damages or a reduced verdict of $450,000.
Court: USDC Southern District of New York, Judge: Liman, Filed On: December 26, 2023, Case #: 1:21cv4283, NOS: Other Contract - Contract, Categories: Employment, damages, contract
J. Kelly finds that the trial court improperly awarded damages in breach of contract claims concerning an agreement to purchase the assets of a salon because the award exceeded the maximum amount allowed under the contract. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Kelly, Filed On: December 20, 2023, Case #: 2D22-3300, Categories: damages, contract