260 results for 'cat:"Jurisdiction" AND cat:"Contract"'.
J. Copenhaver denies the motion of the principal and managing member of the engineering company to dismiss the research and product development company's breach of contract suit on the grounds the court lacks personal jurisdiction over him. The managing member not only worked actively to solicit chemical and research and development services from the company, but he also knew his company lacked the capitalization to pay the costs in the February 2021 master services agreement. Thus, he has the minimal contacts with the state for the court to have personal jurisdiction.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: July 1, 2024, Case #: 2:23cv149, NOS: Other Contract - Contract, Categories: jurisdiction, Discovery, contract
J. Whitehead grants the CEO's motion to dismiss the trust's complaint alleging that the corporate officers and the companies wrongfully converted funds and other assets belonging to the trust. This court does not have specific jurisdiction over the corporate officer because the trust relies on outdated case law to support its claim that the corporate officer "expressly aimed" his intentional acts at Washington state.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: June 28, 2024, Case #: 2:24cv25, NOS: Other Contract - Contract, Categories: Trusts, jurisdiction, contract
J. Freudenberg dismisses for lack of jurisdiction the roofer's lawsuit challenging a warehouse owner's use of a different contractor for roof repairs. Being that no work had been done, the district court found the roofer was not entitled to damages and dismissed the unjust enrichment claim while not expressly dismissing the breach of contract claim or overall action. The roofer later alleged lost profits as the basis for damages rather than the contractual agreement for 20% of the work done. Although the court granted the warehouse summary judgment, it did not expressly dismiss the overall action.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: June 28, 2024, Case #: S-23-516, Categories: Construction, jurisdiction, contract
J. Nye denies in part the Denovo defendants' dismissal motion in this contract dispute arising from an agreement for the supply of outdoor products to be sold online. The court concludes that a forum selection clause naming Idaho "as the proper venue" in the parties' modified agreement is valid. Accordingly, the dismissal motion is denied as to the Arkansas-based parent company. Additional discovery is required, however, to make a jurisdictional determination as to the subsidiary company, which is based in Hong Kong.
Court: USDC Idaho, Judge: Nye, Filed On: June 28, 2024, Case #: 1:24cv85, NOS: Other Contract - Contract, Categories: jurisdiction, Venue, contract
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Per curiam, the appellate division finds that the lower court properly dismissed a contract action filed against executives of a company that failed to compensate the developers of an oil recovery tool. The employment agreements entitled them to a bonus as soon as the tool transactions closed. Although the claims against the companies themselves may continue, the court does not have personal jurisdiction over the executives who are domiciled in the United Kingdom. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 27, 2024, Case #: 03551, Categories: jurisdiction, contract
Per curiam, the appellate division finds that the lower court properly dismissed a contract action regarding an art deal. There is no personal jurisdiction over French citizens who did not engage in any regular business or persistent conduct in the state. Asserting so-called long arm jurisdiction over them would violate due process since nothing shows that they took advantage of working in the state and gaining the benefits, protections, or limitations of its laws. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 27, 2024, Case #: 03539, Categories: jurisdiction, contract
J. Maddox grants a California olive oil processor’s motion to dismiss, for lack of personal jurisdiction, this dispute over a nearly $2 million purchasing agreement brought by another olive oil processor in Maryland. The Maryland processor failed to show the Californian one conducted or solicited business in Maryland.
Court: USDC Maryland, Judge: Maddox, Filed On: June 27, 2024, Case #: 1:23cv3494, NOS: Other Contract - Contract, Categories: jurisdiction, Privilege, contract
J. Leeson dismisses a construction company’s motion to dismiss, for lack of jurisdiction, this case where an employee alleges a contract breach surrounding the terms of his employment placement contract. The company agreed to Pennsylvania jurisdiction in the contract at issue.
Court: USDC Eastern District of Pennsylvania, Judge: Leeson, Filed On: June 21, 2024, Case #: 5:23cv3668, NOS: Other Contract - Contract, Categories: Employment, jurisdiction, contract
J. Johnson finds the trial court improperly denied the Delaware miniature golf putter manufacturer's special appearance. The Tennessee resident purchaser says certain putters did not meet specifications in its purchase order. No basis for general or specific personal jurisdiction over the manufacturer has been shown. The claims are dismissed. Reversed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: June 20, 2024, Case #: 09-23-00323-CV, Categories: jurisdiction, contract
J. Gaughan denies the Arizona-based equipment seller's motion to dismiss for lack of jurisdiction, ruling its shipment of the equipment to Ohio satisfies the state's long-arm statute, while fraudulent communications sent to the buyer about the condition and "hours" meters of the machines focus the dispute in Ohio and grant this court jurisdiction.
Court: USDC Northern District of Ohio, Judge: Gaughan, Filed On: June 18, 2024, Case #: 1:23cv2370, NOS: Other Contract - Contract, Categories: Fraud, jurisdiction, contract
J. Gregory finds the lower court improperly dismissed Kuwait's claims for lack of jurisdiction. The country sued, claiming an attorney misled them into believing he was licensed in the U.S.. The lower court reasoned that insufficient damages were pleaded, causing a lack of subject matter jurisdiction. The court found this because they erroneously considered the attorney's potential defenses and evidentiary issues and concluded that any damages the country could recover after accounting for those defenses would fall below the statutory minimum. At this stage of the litigation, a court should only consider the alleged damages amount and whether the plaintiff pleaded its allegations in good faith. Reversed.
Court: 4th Circuit, Judge: Gregory, Filed On: June 18, 2024, Case #: 23-1377, Categories: Damages, jurisdiction, contract
J. Rice grants the third-party defendant's motion to dismiss in a case arising out of a failed transaction for medical equipment. The court lacks personal jurisdiction over the third-party defendant and, therefore, cannot adjudicate plaintiffs' third-party claims.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: June 18, 2024, Case #: 2:23cv227, NOS: All Other Real Property - Real Property, Categories: jurisdiction, Legal Malpractice, contract
J. Dorsey grants the Missouri-based swimming pool installer's motion to dismiss. The Nevada-based swimming pool product seller says the installer breached a membership agreement by ordering products without paying for them after assuming the membership agreement from a company that had acquired the agreement from another Missouri company with a similar name. The Missouri company says it has no business relationship with the Nevada company and is not a party to the membership agreement. The Nevada company offers no viable legal theory for imputing the first two companies' purported contacts with Nevada to the Missouri company.
Court: USDC Nevada, Judge: Dorsey, Filed On: June 14, 2024, Case #: 2:24cv259, NOS: Other Contract - Contract, Categories: jurisdiction, contract
J. Hamilton finds that the lower court properly dismissed the proceedings against the garnishee for lack of jurisdiction. The insurer sought to collect on a $607,000 construction injury judgment by adding the garnishee using Illinois state law procedures, but a federal court lacks jurisdiction to adjudicate the disputed scope of coverage. Affirmed.
Court: 7th Circuit, Judge: Hamilton , Filed On: June 11, 2024, Case #: 23-1648, Categories: Insurance, jurisdiction, contract
J. Flanagan denies a car lessee's motion for a hearing after she asserted her ownership of the vehicle in question when the dealership sent her a statement that she owes over $26,000 on the vehicle and over $27,000 for a buyer's order. The lessee fails to present a federal question in her complaint and makes common law claims for breach of fiduciary duty and injunctive relief only. Because of this, the lessee has not pleaded the required components for subject matter jurisdiction.
Court: USDC Western District of North Carolina, Judge: Flanagan, Filed On: June 4, 2024, Case #: 4:24cv83, NOS: Other Contract - Contract, Categories: Fiduciary Duty, jurisdiction, contract
J. Dyk finds that the court of federal claims improperly dismissed claims contending the U.S. Mint failed to pay for coins delivered to a foundry and melted down to make new coins because the court should have exercised jurisdiction over the breach of contract claim. Reversed in part.
Court: Federal Circuit, Judge: Dyk, Filed On: May 30, 2024, Case #: 22-2154, Categories: jurisdiction, contract
J. Davis denies the physician's assistant's motion to remand to a state court. The assistant seeks a declaratory judgment that an employment agreement from 2020 is not enforceable as a contract because the parties didn't complete the contract process. The assistant argues the case belongs in state court because the employers have not satisfied the amount-in-controversy requirement for diversity jurisdiction. But after the issuance of such a declaration the assistant would be legally permitted to compete for and personally collect hundreds of thousands of dollars in revenue that was previously collected by her employers. These facts sufficiently demonstrate an amount-in-controversy of well over $75,000.'
Court: USDC Eastern District of Virginia, Judge: Davis, Filed On: May 30, 2024, Case #: 2:24cv249, NOS: Other Contract - Contract, Categories: Interference With contract, jurisdiction, contract
J. Knepp grants the cargo owner's motion to dismiss, ruling that although the tractor-trailer crash occurred in Ohio, the owner contracted with a Michigan company to transport the cargo through the state, which does not qualify as conducting business in the state and deprives this court of jurisdiction over the suit brought by the towing company.
Court: USDC Southern District of Ohio, Judge: Knepp, Filed On: May 29, 2024, Case #: 3:23cv2025, NOS: Other Contract - Contract, Categories: jurisdiction, contract
J. Edison finds that the appropriate venue for a contract dispute between energy company Blackwater and a military contractor over unpaid orders for components of mobile oil refineries is the United States District Court for the Eastern District of Virginia. The contract adequately identifies Virginia as the location for adjudication of disputes and while two separate Virginia courts are identified for various claims, efficiency calls for all the claims to be addressed by a single court. The military contractor’s motion to transfer to USDC Eastern District of Virginia, Alexandria Division is granted.
Court: USDC Southern District of Texas, Judge: Edison, Filed On: May 28, 2024, Case #: 4:23cv2713, NOS: Other Contract - Contract, Categories: jurisdiction, contract
J. Werlein finds that a wholesale discount clothing vendor whose email and telecommunication systems were hacked, allowing a purchaser to submit payment for a clothing order to a hacker’s account, is not under the jurisdiction of the court. The purchaser, who seeks compensation for lost funds, has not met the requirements for personal jurisdiction. The purchaser’s claims are dismissed without prejudice.
Court: USDC Southern District of Texas, Judge: Werlein, Filed On: May 24, 2024, Case #: 4:23cv2894, NOS: Other Contract - Contract, Categories: jurisdiction, contract
J. Smith dismisses a fraud and contract complaint brought by a electronic payment processor against competing payment processors and others over residual payments. The court does not have jurisdiction over several parties, who have minimal contact with Hawaii, and the suing processor did not establish how many of the defendants are alter egos of one another. Further, the claims against the defendants who are in Hawaii’s jurisdiction do not survive because the contract does not establish the defendant processors are liable for payments following the sale of the company to a third party.
Court: USDC Hawaii, Judge: Smith, Filed On: May 22, 2024, Case #: 1:23cv438, NOS: Other Contract - Contract, Categories: jurisdiction, contract
J. Nugent grants the subsidiaries' motion to dismiss for lack of jurisdiction, ruling that because the employee seeks only her share of profits from the development of various pieces of real estate, rather than the title to any of the properties, she has standing only to sue the parent company, her former employer.
Court: USDC Northern District of Ohio, Judge: Nugent, Filed On: May 21, 2024, Case #: 1:23cv1317, NOS: Other Contract - Contract, Categories: Fiduciary Duty, jurisdiction, contract