115 results for 'cat:"Evidence" AND cat:"Contract"'.
J. Robinson finds that the trial court properly dismissed some of a landowner's claims against a mineral leaseholder related to significant postproduction of oil and gas well costs charged against a mineral royalty. In this case, one of the well operator's charges for postproductions costs are not permitted deductions because the charges were not incurred from an unaffiliated third party since, at the time, the well operator was a lease holder affiliate. Therefore, there is a genuine issue of material fact concerning the beneficial interest element of the charges. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Robinson , Filed On: December 20, 2023, Case #: 55,301-CA, Categories: Energy, evidence, contract
J. Quinn finds that the damages awarded in this case concerning a construction contract for a dairy facility lack a "foundation in evidence." Accordingly, the court will modify the judgment by striking the damages portion but otherwise affirm the remainder of the judgment, which also invalidated a mechanic's lien. Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: December 20, 2023, Case #: 07-23-00078-CV, Categories: evidence, Damages, contract
J. Gallagher finds the trial court erroneously determined a letter between the buyer and its financing company constituted an enforceable contract. Testimony in the record established the buyer believed the letter entitled him to an unlimited number of closing date extensions, while the financing company clearly envisioned only a single month extension; therefore, there was no meeting of the minds that allowed for the formation of a contract. Reversed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: December 14, 2023, Case #: 2023-Ohio-4535, Categories: evidence, Banking / Lending, contract
J. Gravois finds that the trial court properly granted a judge's motion for summary judgment on an individual's claim that the judge conspired with a law clerk to destroy court documents in another suit that the individual was a party to in the same court. The judge testified that he never observed the law clerk mishandle any court documents, and the individual did not present direct evidence that the law clerk destroyed the documents. The complaints against the law clerk were investigated, and there were no eyewitness accounts of the destruction of the documents. Further, the trial court properly granted the law clerk's motion for attorney fees because there was no evidence showing a "willful act in the use of the process not proper in the regular prosecution of the proceeding." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: December 14, 2023, Case #: 22-CA-592, Categories: evidence, Attorney Fees, contract
J. Gravois finds that the trial court should not have denied a judge's motion for summary judgment on an individual's claim that the judge conspired with a law clerk to destroy court documents in another suit that the individual was a party to in the same court. The judge testified that he never observed the law clerk mishandle any court documents, and the individual did not present direct evidence that the law clerk destroyed the documents. The complaints against the law clerk were investigated, and there were no eyewitness accounts of the destruction of the documents. Reversed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: December 14, 2023, Case #: 22-C-589, Categories: evidence, Judiciary, contract
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J. Carlyle finds that the lower court improperly rendered judgment notwithstanding the verdict as to attorney fees in this suit concerning a Rule 11 settlement agreement. The appellee failed to timely object to the evidence regarding fees. Accordingly, her segregation complaint was waived. Also, the evidence sufficiently supported the award. Reversed in part.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: December 8, 2023, Case #: 05-23-00080-CV, Categories: evidence, Attorney Fees, contract
J. Moore finds the district court properly found the livestock caretaker breached his contract with the livestock owner. The caretaker failed to brand the cattle or report and prove death loss. He provided no evidence storms caused massive death loss or that he communicated those losses to the owners. The caretaker was also not entitled to file a Uniform Commercial Code financing statement to claim a lien because he had agreed to compensation by shares of calf crops. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: December 5, 2023, Case #: A-22-957, Categories: Agriculture, evidence, contract
J. Pechman dismisses the internet security company's complaint accusing Microsoft of creating a business-to-business authentication service that directly competes with the internet security company by using data outside the scope of their contract. The internet security company does not allege sufficient facts as to how exactly Microsoft allegedly used data in a way that violated their contract, and its use of extrinsic evidence to prove this claim is strictly prohibited under Washington law.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: December 5, 2023, Case #: 2:23cv899, NOS: Other Contract - Contract, Categories: evidence, contract
J. Johnson finds that a property owner's motion for leave to present additional evidence into an administrative record was properly denied. Evidence of the abatement of the property at the time of the administrative hearing is irrelevant due to its untimeliness and was not the condition of the property at the time of the hearing. Further, evidence presented at the administrative hearing established that the property was in violation of city ordinances, and that the property owner was remediating the property at the time of the hearing. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: November 29, 2023, Case #: 2023-CA-0379, Categories: evidence, Property, contract
J. Wozniak finds that the trial court improperly ordered specific performance under a sales contract with prospective buyers in a dispute over the legal description of property being purchased. The contract was not subject to specific performance due to the sales contract's ambiguity in the identity of the properties to be included in the sale. This constitutes a patent ambiguity that precludes enforcement of the contract. Reversed.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: November 17, 2023, Case #: 6D23-608, Categories: evidence, Real Estate, contract
J. Ortego finds that the trial court properly ruled that the vendor conveyed all of the immovable property to the vendees in the sale of a business. The vendor did not give sufficient evidence to support her claim that she had retained a 29% ownership interest in the immovable property. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: November 15, 2023, Case #: CA-23-7, Categories: evidence, Property, contract
J. Adams finds the lower court improperly denied a builder's request to vacate the lower court’s default judgment against it in this breach of contract matter. The builder argues the lower court improperly denied its motion to set aside the default judgment, as the builder answered, and the investment group it contracted with failed to provide the court with proof of its claims against the builder. Evidence is insufficient to support the lower court’s post-answer default judgment, and the matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Adams, Filed On: November 9, 2023, Case #: 01-22-00343-CV, Categories: Construction, evidence, contract
J. Wiseman finds the trial court improperly granted summary judgment to the contractor which claims the pipeline company did not pay over $180,000 on invoices for a water pipeline construction. Though the contractor says that the pipeline company was victim of an email phishing scam, which resulted in its sending money to a third party, the pipeline company says that it was the contractor who fell victim to the scam that broached both their email addresses. The issues cannot be resolved at summary judgment and the court must determine to what degree each party is responsible. Reversed and remanded.
Court: Oklahoma Courts Of Appeal, Judge: Wiseman, Filed On: October 27, 2023, Case #: 119812, Categories: Construction, evidence, contract
J. Hollander denies a marketing company’s motion for judicial notice in this dispute arising from a former employee’s alleged defamation and severance agreement that was forged by a former administrator. The former employee was not part of the state defamation claims and he had no opportunity to contest the facts and the company cannot use collateral estoppel for his right to challenge. The company has failed to prove probable evidence.
Court: USDC Maryland, Judge: Hollander, Filed On: October 26, 2023, Case #: 1:21cv309, NOS: Other Contract - Contract, Categories: evidence, Defamation, contract
J. Jenkins grants summary judgment in favor of an insurance company in this suit that one of their insured customer’s adulterated products and sold them to an oral hygiene supply company. The supply company recalled the kits that were tainted and disposed of the solutions as required by government guidelines. The evidence is undisputed that there was no “occurrence” within the insured’s policy and the insurance company does not have to make any payments. The case is terminated for further proceedings.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: October 25, 2023, Case #: 1:19cv5308, NOS: Other Contract - Contract, Categories: evidence, Insurance, contract
J. Gillmor rules on several motions in limine in this loan contract dispute, determining, for example, that partial evidence of prior bad dealings may be introduced to the court.
Court: USDC Hawaii, Judge: Gillmor, Filed On: October 20, 2023, Case #: 1:20cv411, NOS: Other Contract - Contract, Categories: evidence, contract
J. Genovese finds that while the trial court should not have determined that the phrase "in any way interested in" in the statute was facially unconstitutionally overbroad, the phrase was unconstitutionally vague as applied to the chairman because it violated the chairman's federal and state constitutional right to due process. The Board of Ethics alleged Ethics Code violations against a Lafayette Public Trust Financing Authority chairman whose real estate development firm was hired as a project consultant for a public housing project. Under Murtes, “no member of the legislature or officer of the executive department of the state shall be in any way interested in any contract" was determined to be so broad, general and vague as to fail to define the offense by this court. The phrase at issue prohibits no specific action by the chairman. Affirmed in part.
Court: Louisiana Supreme Court, Judge: Genovese, Filed On: October 20, 2023, Case #: 2023-CA-00398, Categories: evidence, contract
J. Cain, ruling after a one-day bench trial, orders the owner of a 148-unit apartment complex to pay a contractor $669,876 plus attorney fees for breach of contract related to “incrementally” staged repair work. Work on the complex was complicated by the absence of previous blueprints on the development, hurricane damage, termite damage, permitting issues and the owner’s decision to move water heaters and to convert from gas to electric. The award includes $26,762 in credits the property owner received for presenting competent evidence of leaks necessitating roof repairs.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: October 19, 2023, Case #: 2:22cv1083, NOS: Other Contract - Contract, Categories: Construction, evidence, contract
J. Ledet finds that the trial court properly denied the school board's summary judgment motion on the neighborhood association's suit seeking an injunction to block a proposed property swap between the school board and the Housing Authority of New Orleans. The swap was to exchange three now-vacant school properties for a vacant property that adjoins the Booker T. Washington High School. In this case, there is a genuine issue of material fact as to whether the values of the properties proposed to be swapped are equivalent. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: October 11, 2023, Case #: 2023-C-0583, Categories: evidence, Property, contract
J. Lobree finds the trial court improperly entered a final judgment in favor of the insured in her dispute with the insurance company regarding coverage of a claim over water damages to her house. The trial court incorrectly denied the company's motion in limine to block from evidence the homeowner's replacement-cost estimate of the damages and instead limit evidence on damages to actual cash value, which resulted in the homeowner not bringing evidence of the correct estimate of damages. The trial court's order is overturned and the case is remanded for a new trial. Reversed.
Court: Florida Courts Of Appeal, Judge: Lobree, Filed On: October 4, 2023, Case #: 20-0367, Categories: evidence, Insurance, contract
J. Harris finds in favor of the mortgage company in its appeal of the trial court's final judgment against it in a foreclosure action involving a deceased mortgagor and unknown heirs and others who never responded to the action and were defaulted. Despite not bringing any witnesses at trial, the company's sole evidence of the original note, loan agreement and other certified documents involving the mortgage satisfied the business record hearsay exception under Florida law, and the trial court abused its discretion by entering judgment against the company because it did not present witnesses not required by law under the circumstances. The trial court's order is overturned and the matter is remanded for it to enter a foreclosure judgment in the company's favor. Reversed.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: September 29, 2023, Case #: 23-0188, Categories: evidence, Foreclosure, contract
J. Ritter grants the consulting firm's motion for summary judgment, ruling that evidence in the record clearly indicates it never told the city its prescription insurance costs would be $4.6 million unless there was a significant rate increase for plan participants. Therefore, the contract claim must be dismissed for lack of evidence of reliance. Additionally, the city's failure to provide concrete evidence of damages other than speculative claims it would have to catch up in the coming years after a shortfall requires dismissal of the remaining claims against the consulting firm.
Court: USDC New Mexico, Judge: Ritter, Filed On: September 29, 2023, Case #: 1:21cv349, NOS: Other Contract - Contract, Categories: evidence, Government, contract
J. Stephens finds that the trial court should not have denied an insurer's motion for summary judgment on a claim by the insured homeowner who was run over by a painting employee who was driving to the home to perform work. In this case, the insurance policy was for the purpose of the insured's employer's covered vehicles, and it is undisputed that the insured was not using any automobile at the time of the accident. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: September 27, 2023, Case #: 55,136-CW, Categories: evidence, Insurance, contract
J. Schlegel finds that the district court should not have dismissed a bank's executory process action on the basis that the note allonge did not comply with authentic evidence requirements. In this case, the note allonge complies with the executory process requirements for transfers of promissory notes under statute because it is a private writing, which "shall be deemed authentic for the purposes of executory process." Reversed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: September 20, 2023, Case #: 22-CA-588, Categories: evidence, contract
J. Doughty grants a pre-trial request by the biological child of a Louisiana resident, finding the state’s “Dead Man Statute” bars her stepmother from introducing text messages and oral conversations with her father regarding a $315,000 Rolls Royce Phantom he allegedly gave to his wife one week before he died. The stepmother unsuccessfully argues that the statute’s hearsay prohibition does not apply to her suit against the stepdaughter for posthumous conversion of the luxury car to cash. The stepmother failed to comply with certain procedural requirements that would allow her to introduce the documents and a video as evidence of her ownership. Further, applying the Dead Man’s Statute to the conversion suit would encourage other litigants to “forum shop.”
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: September 14, 2023, Case #: 5:22cv335, NOS: Other Contract - Contract, Categories: evidence, Conversion, contract
J. Goldstein finds that the lower court properly granted summary judgment in favor of the appellee company on its breach of contract claim relating to certain agreements for the purchase of gasoline. The appellants challenge the admission of certain exhibits, but the cited table "was properly considered as a business record and provided sufficient evidence in support of summary judgment." Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: September 7, 2023, Case #: 05-22-00262-CV, Categories: evidence, contract