224 results for 'cat:"Damages" AND cat:"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. Hendrickson finds the lower court properly awarded compensatory damages to the logistics company against a delivery driver arising from a store's rejection of a load of ice cream because it had melted. Evidence, including black box data from the truck driver's refrigeration unit, clearly proved the driver was at fault for the melted ice cream, which was damaged when he chose cycle, rather than continuous, mode on the refrigerator, which shut off while he waited for the warehouse employees to empty the trailer. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hendrickson, Filed On: December 18, 2023, Case #: 2023-Ohio-4585, Categories: damages, Negligence, contract
J. Griggsby grants summary judgment in favor of the lessor in this lease contract dispute of three modular classroom units. The school failed to pay the rent due on the three leases. The school shall pay the lessor for a total of $387,828 for the breach of building payment, $80,142 for damages to the principal amount and $39,878 for prejudgment interest for the breach of classroom lease.
Court: USDC Maryland, Judge: Griggsby, Filed On: December 18, 2023, Case #: 1:20cv887, NOS: Other Contract - Contract, Categories: Property, damages, 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. Coulson finds a lower court properly dismissed a university's contract claims against an insurance company. The university argued that the insurance company was obligated to provide coverage after it executed a controlled detonation of a buried bomb that was planted in the ground 79 years ago. However, the insurance company sufficiently showed in court that it was not obligated to provide coverage for damages as a result of "occasioned by war." Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Coulson, Filed On: December 14, 2023, Case #: CA-2023-949, Categories: Insurance, damages, contract
J. Kelly finds a lower court properly granted summary judgment in favor of an insurance company on a car dealership's contract claims. The car dealership argued that the insurance company was obligated to provide coverage after his establishment caught fire, damaging the premises. However, the insurance company sufficiently showed in court that the dealership's complaint was foreclosed under a limited settlement agreement and release of disputed property damage claims. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: December 13, 2023, Case #: 23-1282, Categories: Insurance, damages, contract
Per curiam, the appellate division finds that the lower court properly awarded the contractor $16.4 million against New York State. The contractor completed all steps of the dispute resolution process before filing suit, and reasonably detailed its claim for additional compensation due to multiple delays on reconstruction work on the Staten Island Expressway. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 13, 2023, Case #: 06359, Categories: Administrative Law, damages, contract
J. Johnson reverses the district court's grant of summary judgment to the landlord, finding that a liquidated-damages clause in a movie theater operator's lease is not enforceable. Actual damages caused by the operator's breach of its lease, namely unpaid rent, are able to be estimated accurately. The amount of liquidated damages provided for in the clause also does not account for the landlord's duty to mitigate damages and is not a reasonable forecast of actual damages. Reversed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: December 11, 2023, Case #: A23-0194, Categories: Landlord Tenant, damages, contract
J. Burns finds that the lower court properly granted the appellee real estate brokers' summary judgment motions in this lawsuit brought by a homeowner who allegedly entered into a listing agreement with the appellees but then decided not to sell her home. The evidence shows that the brokers earned a commission when the agent "procured the buyers, who were ready, willing, and able to buy the property" at an acceptable price. Also, the homeowner's alleged damages did not result from a breach of fiduciary duty by the appellees. Affirmed.
Court: Texas Courts of Appeals, Judge: Burns, Filed On: December 11, 2023, Case #: 05-22-01252-CV, Categories: Real Estate, damages, contract
J. Aiken grants the consumer default judgment on all but the unjust enrichment claim of his lawsuit accusing the research and product development company of selling a supercritical fluid extractor after the delivery date and in an unusable state. Because the consumer establishes that he met his obligations under the agreement and that the company violated its warranty by delivering a defective item late, the consumer and Caldera Group are entitled to $6.9 million in damages.
Court: USDC Oregon, Judge: Aiken, Filed On: December 6, 2023, Case #: 1:22cv1076, NOS: Other Contract - Contract, Categories: damages, Warranty, contract
J. Kernodle grants default judgment to the company on its breach of contract claim for unpaid consulting services. The relevant factors support the default judgment, and there is sufficient evidence to support the $94,273 in damages sought by the company on its claims.
Court: USDC Eastern District of Texas , Judge: Kernodle, Filed On: December 5, 2023, Case #: 6:23cv262, NOS: Other Contract - Contract, Categories: Civil Procedure, damages, contract
J. King awards the insured $582,200 in non-economic damages in his lawsuit trying to collect on an underinsured motorist policy after he was injured in a vehicle collision and suffered a mild traumatic brain injury. The insured presents sufficient evidence that his injury and attendant cognitive deficits impair, and will continue to impair, his ability to lead a normal life. The insurance company does not sufficiently argue that the insured's ability to enjoy some of his former hobbies negates the seriousness of his injuries.
Court: USDC Western District of Washington, Judge: King, Filed On: December 4, 2023, Case #: 2:20cv1250, NOS: Insurance - Contract, Categories: Insurance, damages, contract
J. Hood finds the trial court properly capped the bond amount at $25 million and denied the prevailing party's request for additional security at the conclusion of the trial. The state of Colorado's $25 million cap on supersedeas bonds is not unconstitutional. Although it overlaps with this court's rule requiring a liable party to post a bond worth 125 percent of the damages award, that rule is not mandatory and allows a trial court to order any bond amount, which reconciles any conflict between the two. Affirmed.
Court: Colorado Supreme Court, Judge: Hood, Filed On: December 4, 2023, Case #: 2023CO59, Categories: Constitution, damages, contract
J. Ludwig finds for the insurance company in a coverage dispute between itself, a third-party insurance company and a manufacturer that sustained severe damages to its Nashville warehouse and losses of inventory due to historic flooding in 2021. The insurance company's motion for summary judgment is granted, as the pollution exclusion clause under the excess liability policy it issued to the manufacturer clearly precludes coverage of the costs of cleaning up "pollutant" debris from the flood, leaving it no duty to indemnify. The third-party insurance company and manufacturer's motions for summary judgment are partially granted, in part because the third-party company's policy with the manufacturer covers debris clean-up costs of up to $10 million regardless of distance from the warehouse.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: December 1, 2023, Case #: 2:21cv1018, NOS: Insurance - Contract, Categories: Insurance, damages, contract
J. Cain awards $43,000 in damages to an 88-year-old widow suffering from dementia and against a mortgage company for negligence and mental anguish. The company refused to release $47,000 in insurance proceeds to repair her hurricane-damaged home, arguing Louisiana law requires a homeowner to hire a licensed contractor to make home repairs. The purpose of this statute is to regulate contractors in the state of Louisiana, not homeowners.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: November 29, 2023, Case #: 6:21-cv-03650, NOS: Other Contract - Contract, Categories: Civil Procedure, damages, contract
J. Pedersen finds that the lower court improperly awarded direct damages and interest in this breach of contract lawsuit concerning a development agreement. The lower court erred in awarding "amounts under alternative direct-damage theories." Accordingly, the case is remanded for "entry of a modified judgment" reflecting the correct amount. Reversed in part.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: November 28, 2023, Case #: 05-22-00699-CV, Categories: damages, contract
J. Moeller finds that the trial court properly entered a default award in favor of homebuyers who sued a builder for construction defects and other causes. But the homebuyers did not plead a specific damages amount in their complaint and the trial court failed to support its award with sufficient evidence, so the builder's challenge to the amount may proceed. Vacated in part.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: November 28, 2023, Case #: 48954, Categories: Construction, damages, contract
J. Lanza grants a debt collector's motion to enforce a settlement agreement against a borrower. The debt collector sufficiently showed in court that the borrower, who smashed the vehicle with a fire extinguisher, fell behind on payments on a Cadillac CTS, which resulted in repossession of the vehicle.
Court: USDC Arizona, Judge: Lanza, Filed On: November 27, 2023, Case #: 2:23cv311, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, damages, contract
J. Collins grants the plaintiff company's motion for damages upon the entry of default judgment against the German equipment seller in the amount of $988,000 plus $57,000 in sanctions for intentional misconduct.
Court: USDC Eastern District of Missouri, Judge: Collins, Filed On: November 22, 2023, Case #: 4:20cv359, NOS: Other Contract - Contract, Categories: Sanctions, damages, contract
J. Miller finds the trial court properly found for the contractor in a dispute with homeowners over unpaid invoices and other conflicts in a failed agreement for home renovations. In part considering the fact that no binding contract existed between the parties, the trial court's order correctly offset damages awarded to the contractor from unpaid invoices with damages the homeowners proved they sustained, and there is no discernible error in its judgment. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: November 8, 2023, Case #: 22-1460, Categories: damages, contract