4,551 results for 'cat:"Contract"'.
J. Goodwin grants the specialized commercial lender's motion for partial summary judgment in the ammunition manufacturer’s counterclaim to the lender's breach of contract suit over disputed language governing calculation of interest in the $7.5 million loan it conveyed to the manufacturer to build a facility in Montgomery. The court finds three of the manufacturer's tort claims - fraud, breach of fiduciary duty and tortious interference with contract - are barred by the "gist of the action doctrine," and the fourth - unjust enrichment - fails because of the express underlying contract.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: May 9, 2024, Case #: 2:23cv15, NOS: Other Contract - Contract, Categories: Tort, Banking / Lending, contract
J. Guerra finds that the trial court improperly compelled production of documents in a declaratory judgment and breach of contract case. Requests seeking all of the firm's financial documents and records are impermissible fishing expeditions that are not sufficiently narrowly tailored. The trial court abused its discretion in ordering all of the documents to be produced.
Court: Texas Courts of Appeals, Judge: Guerra, Filed On: May 9, 2024, Case #: 01-23-00694-CV, Categories: Discovery, contract
J. Russel finds the lower court improperly concluded that sovereign immunity barred the successor's claims. The Virginia Department of Transportation contracted a contractor for construction inspection and permitted them to bill VDOT for certain overhead costs, including the cost of rental vehicles. Because of the nature of the projects at issue, VDOT, in turn, could seek reimbursement from the federal government for the expenses it reimbursed so long as VDOT complied with Federal Acquisition Regulation provisions. The FAR clauses purportedly did not allow VDOT to receive reimbursement for expenses paid to the successor, an entity under its common control. The parties eventually mediated the claims and agreed upon a settlement agreement that the contractor felt it had no choice, given its economic situation, but to sign. It later received information previously withheld that led to the suit, filed in part to invalidate the settlement agreement. Sovereign immunity doesn’t apply to claims based on express contracts. Reversed.
Court: Virginia Supreme Court, Judge: Russel , Filed On: May 9, 2024, Case #: 230365, Categories: Government, Immunity, contract
J. Alsup dismisses all contract claims from X Corp. accusing Bright Data of breaking X's Terms of Service by scrapping and selling its data. X has not brought forward any evidence that supports a damage claim or how exactly Bright Data is using any X accounts that are bound to the Terms of Service. Attempts from X to circumvent those shortcomings by relying on arguments under the Copyright Act only "undermine the purpose and intended effects" of the Act, leaving all of their claims to fail.
Court: USDC Northern District of California, Judge: Alsup, Filed On: May 9, 2024, Case #: 3:23cv3698, NOS: Other Contract - Contract, Categories: Copyright, contract
J. Neeley finds the trial court improperly awarded the ex-wife spousal maintenance. Though the ex-wife suffered from arteriovenous malformation while pregnant and after giving birth, she worked as a teacher during the marriage and fails to show her incapability of providing for her minimum reasonable needs. The evidence is insufficient to support a finding she lacks sufficient property and the earning ability to provide for her minimum needs. The spousal maintenance award is reversed, though all other aspects of the decree are affirmed. Reversed in part.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: May 8, 2024, Case #: 12-23-00239-CV, Categories: Family Law, Health Care, contract
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J. Kobes finds a lower court properly granted summary judgment in favor of a Canadian investment management firm on claims of fraudulent inducement brought by grocery store owner-operators. The owner- operators argued that the investment management firm strong armed them into signing releases based on false representation. However, the investment management firm presented sufficient evidence in court that it never solicited or forced the owner- operators to sign releases, even though they knew the risks of opening new stores, and that they did not use ordinary diligence by failing to investigate the company's history. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: May 8, 2024, Case #: 23-1786, Categories: Fraud, contract, Racketeering
J. Fitzgerald finds that the trial court properly found in favor of the homeowners against the construction company for installing defective roof panels, which created shadowing from an irregular corrugation pattern and gave their home a striped, zebra-like look. The construction company claims that the trial court erred when it did not determine whether the alleged defect rendered the entire thing useless or if the defect just diminished the usefulness and value of the thing, but the applicable law did not require the trial court to make such a determination to render its judgment. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Fitzgerald, Filed On: May 8, 2024, Case #: CA-23-668, Categories: Construction, contract
J. Fitzwater finds that a medical center that terminated contracts with two billing agencies for discrepancies and non-performance can join one of the billing agencies as an additional defendant in a suit that the medical center filed after they were sued by the other billing agency for premature termination of the contract. The joiner of the second defendant will defeat diversity jurisdiction, but the medical center has shown that their request to join a defendant is not undertaken solely to defeat diversity. When the medical center filed the suit, they already had a separate claim against the second billing agency, so they did not add the second agency as a defendant at that point. The case is remanded to the state court.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: May 8, 2024, Case #: 3:23cv2523, NOS: Other Contract - Contract, Categories: Jurisdiction, contract
J. Nachmanoff grants the power company's motion for summary judgment. Under a master agreement, a cybersecurity company agreed to provide certain equipment, software and services in connection with the power company's participation in a nationwide cybersecurity project for electric utilities known as IronDome. The cybersecurity company assigned the payment agreement to a finance company which eventually sold it to the relevant assignee. The assignee sought to recover unpaid funds from the power company pursuant to a hell-or-high-water clause in the payment agreement but the agreement allowed termination for cause and for convenience. Once the power company no longer needed the cybersecurity company it became inconvenient to still have an agreement with them.
Court: USDC Eastern District of Virginia, Judge: Nachmanoff, Filed On: May 8, 2024, Case #: 1:23cv643, NOS: Other Contract - Contract, Categories: Energy, Banking / Lending, contract
J. Duffin denies the technology corporation's motion for summary judgment in a lawsuit from a pet distributor over a contract for the corporation to develop a new web portal for the distributor's services that the distributor says never functioned properly. Because it is supported by admissible lay testimony from the distributor's project team, most of the distributor's breach of contract claim does not necessarily require expert testimony and has enough substance to survive the corporation's motion.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: May 8, 2024, Case #: 2:22cv563, NOS: Other Contract - Contract, Categories: Experts, contract
J. Logue finds the trial court erred in its judgment in favor of the lender in the borrowers' lawsuit over a judgment of foreclosure allowing $20 million in default interest to be retroactively calculated and added to the $41,793,694 principal balance of the underlying mortgage loan. There are disputes of fact regarding whether the borrowers' use of hurricane insurance proceeds to fix damages to their hotel caused by Hurricane Irma in 2017 violated the terms of the mortgage note or was approved by the lender, so the trial court's summary judgment order in the lender's favor is reversed and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: May 8, 2024, Case #: 23-0071, Categories: Foreclosure, contract
J. Tunheim denies the subcontractor's motion for a preliminary injunction in its action seeking relief from participating in arbitration in a dispute related to two purported contracts. The subcontractor's contention that its president's signature was forged on one of the contracts is "too flimsy" to establish a likelihood of success on the merits of its claims, and metadata suggesting that, as it claims, a document in the second contract was improperly backdated is better supported but still insufficient to establish a likelihood of success on the merits. The subcontractor has also failed to establish that it risks irreparable harm absent an injunction, and the balance-of-harms and public-interest factors are both neutral.
Court: USDC Minnesota, Judge: Tunheim, Filed On: May 8, 2024, Case #: 0:24cv585, NOS: Other Contract - Contract, Categories: Fraud, contract, Injunction
J. Ahlers finds that a creditor's lawsuit against the daughter's power of attorney was properly dismissed in claims alleging non-payment of nursing home bills because she did not become personally liable for the debt simply by being her mother's agent and no longer held power of attorney at the time the suit was filed. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: May 8, 2024, Case #: 23-0459, Categories: Civil Procedure, Debt Collection, contract
J. Kendall denies the suing refurbished electronics dealer’s motion for sanctions and an injunction against the refurbished electronics shop it is suing. The suing dealer accused the other shop of filing false complaints about its products so as to disrupt its business, but the court finds the suing dealer has not provided sufficient evidence to back up those claims.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: May 8, 2024, Case #: 1:20cv6258, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Tort, Defamation, Interference With contract
Magistrate Mitchell dismisses counterclaims seeking to declare restrictive covenants invalid and unenforceable concerning a newly-installed elevator because the counterclaim was duplicative of plaintiff's complaint, which requests the opposite relief.
Court: Delaware Chancery Court, Judge: Mitchell, Filed On: May 8, 2024, Case #: 2023-1039-LM, Categories: contract
J. Bokor finds the trial court partially erred in its judgments in the doctor's lawsuit against the university claiming fraud in the inducement and breach of contract relating to the doctor's arrangements to work for the university's hospital after the hospital was temporarily closed and reorganized. The trial court correctly granted a directed verdict in the the university's favor on the doctor's fraud claim, but since the doctor failed to bring evidence of a valid and enforceable contact in the university's bylaws and rules, the university should have prevailed on his breach of contract claim as well. The trial court's ruling on the breach of contract claim is reversed, and the case is remanded for it to grant the university a directed verdict on that claim. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: May 8, 2024, Case #: 22-1898, Categories: Fraud, contract
J. Wood finds the county court improperly dismissed the school football coach's Teacher Fair Dismissal Act claims. The court dismissed the claims with prejudice, finding they were precluded by the coach's failure to “administratively appeal” the district's decision to terminate. A cited case involved a teacher’s contract being changed for a subsequent school year. In this case, the district terminated the contract midway through the year, resulting in financial consequences during that same year. The court erroneously found the coach's signing of the subsequent year's contract precluded his recovery for the midyear termination under the act. Reversed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: May 8, 2024, Case #: CV-22-592, Categories: Education, Employment, contract
J. Perret finds that the trial court improperly dismissed the homeowners' claims alleging that the pest control company did not treat the homeowners' property multiple times, leading to a Formosan termite infestation. The trial court erred in dismissing this case as abandoned, because there is evidence to suggest that the homeowners' counsel sent an email about several deficiencies they were concerned about regarding the pest control company's discovery. Reversed.
Court: Louisiana Court Of Appeal, Judge: Perret, Filed On: May 8, 2024, Case #: CA-23-772, Categories: Property, Discovery, contract
Per curiam, the appellate division finds that the lower court properly dismissed this breach of contract action over collection services for outstanding parking and traffic tickets as time-barred. The contract expired in 2016, but the company did not file suit until 2019, long after the one-year statute of limitations had expired. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 8, 2024, Case #: 02551, Categories: Civil Procedure, contract
J. Langholz finds that the lower court properly dismissed contract claims in which investors allege defective construction of a commercial and residential development because the contract was void for having "only one party." Affirmed.
Court: Iowa Court Of Appeals, Judge: Langholz, Filed On: May 8, 2024, Case #: 23-0236, Categories: Construction, contract
J. Badding finds that a company was properly awarded liquidated damages after an employee sent herself the company's client list to her private email account before ending her professional relationship because the employee failed to present evidence that actual damages stemming from the breach would have been less than the stipulated amount of liquidated damages. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: May 8, 2024, Case #: 23-0796, Categories: Employment, Damages, contract
J. Jenkins finds that the trial court properly found an ex-husband in contempt for not following the parties’ community property settlement agreement and did not err in awarding the ex-wife $39,000 from the husband’s retirement account, per the parties’ community property settlement. In this case, the man was aware he was required to leave $198,000 in the account as the amount due to his former wife. Therefore, his withdrawals were in violation of the settlement agreement and constitute contempt of court. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: May 7, 2024, Case #: 2023-CA-0566, Categories: Contempt, Family Law, contract
Per curiam, the appellate division finds that the lower court properly found the insurer had untimely disclaimed insurance coverage in an underlying labor law action. The insurer had reasonable notice that the excess policy might be triggered as soon as it received a 2017 litigation plan. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 7, 2024, Case #: 02505, Categories: Insurance, contract
J. Pitman denies an entrepreneur’s motion to vacate a temporary injunction after she was sued by her former business partner, who accused her of misappropriating company assets, including a professional Instagram account, to create a competing personal development company. The woman being sued argued she had not received proper service about the injunction, but this court “will not dissolve the [injunction] in this case based on the incorrect argument that service of process is a prerequisite.”
Court: USDC Western District of Texas , Judge: Pitman, Filed On: May 7, 2024, Case #: 1:24cv382, NOS: Other Contract - Contract, Categories: contract, Injunction