115 results for 'cat:"Evidence" AND cat:"Contract"'.
J. Pirtle finds the trial court properly found that the premarital agreement was enforceable and entered into voluntarily. The husband's attorney testified that he did not observe his client threaten or intimidate his fiancé to get her to sign, nor did the fiancé indicate that she was being threatened or intimidated. There was no evidence of surprise in the presentation of the agreement as the attorney was contacted a month before the wedding and prepared a draft sent to both parties. The court erred in finding the alimony portion of the agreement unconscionable as the elimination provision did not cause the wife to be eligible for Social Security disability benefits that she received during the marriage due to a stroke. Affirmed in part, reversed in part.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: September 5, 2023, Case #: A-22-386, Categories: evidence, Family Law, contract
J. Pechman denies summary judgment to the insurance company against the insured's bad faith claim in her lawsuit alleging that the insurance company must cover her claim for injuries to her neck, back and shoulder she sustained when an uninsured motorist struck her vehicle and horse trailer. The bad faith claim cannot be resolved with summary judgment at this time because the insured and the insurance company present contrasting and competing evidence, and to weigh in the insurance's company's favor would mean ignoring the insured's expert's opinions in an unfavorable way.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: August 31, 2023, Case #: 2:22cv1116, NOS: Insurance - Contract, Categories: evidence, Insurance, contract
J. Brennan grants, in part, the sleep apnea machine parts buyer's motion for summary judgment, ruling the manufacturer's failure to meet certain shipping dates in the parties' contract allowed the buyer to cancel its purchase orders and avoid the minimum purchase requirements in the agreement.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: August 30, 2023, Case #: 1:20cv1887, NOS: Other Contract - Contract, Categories: evidence, contract
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J. Marbley grants the seller's motion for summary judgment, ruling that while it failed to provide certain financial documents prior to closing, much of the information on those documents was found elsewhere in the sale disclosures. Furthermore, the buyer's admission the missing documents would not have affected his valuation of the property dooms his contract and fraud claims, which are simply a case of buyer's remorse.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: August 22, 2023, Case #: 2:21cv3996, NOS: Other Contract - Contract, Categories: evidence, Real Estate, contract
J. Jewell finds that the trial court properly ruled in favor of the owners in finding the purchaser did not comply with the parties' contract to buy their home. The evidence supports a finding that the purchaser "refused to close within a reasonable time under the circumstances." Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: August 8, 2023, Case #: 14-22-00695-CV, Categories: evidence, Property, contract
J. Shea grants the university's motion for summary judgment, ruling the former student athletes fail to state a plausible promissory estoppel claim. The statements made by coaches and administrators during the school's transition from Division I to Division III did not constitute a promise regarding their experience at the school. The student athletes did not have their scholarships reduced or rescinded, and failed to provide any evidence their experiences at the university fell below the standard promised by administrators.
Court: USDC Connecticut, Judge: Shea, Filed On: July 31, 2023, Case #: 3:21cv934, NOS: Other Contract - Contract, Categories: Education, evidence, contract
J. Dysart finds that the trial court properly granted a contractor’s motion for sanctions on a worker’s claim that he was injured in a workplace accident when he fell because of a defective handrail on the trolley of a crane. In this case, the contractor consistently maintained that it did not do any work on the handrail, and the worker made no inquiry and did not produce any evidence into the involvement of the contractor with the crane prior to or after filing his lawsuit. The record supports that the worker’s counsel did not investigate into the basis of the worker’s claims against the contractor before filing the action. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: July 31, 2023, Case #: 2022-CA-0848, Categories: evidence, Sanctions, contract
J. Nowell finds that the lower court properly entered a take-nothing judgment against the appellants in this lawsuit alleging breach of contract and violations of the Deceptive Trade Practices Act in connection with a nanny referral business. The lower court did not err by denying their request for default judgment, and the evidence sufficiently supports the ruling. Affirmed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: July 14, 2023, Case #: 05-22-00675-CV, Categories: evidence, Business Practices, contract
J. Rothstein grants partial summary judgment to the insurance company for its claim that it did not breach its duty to defend the insured in an underlying car collision lawsuit that claimed that the insured was at-fault. There is no corroborating evidence that the insurance company knew of the lawsuit's existence until Feb. 18, 2021, so the insurance company has no duty to defend the insured prior to that date.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: July 6, 2023, Case #: 2:21cv1501, NOS: Insurance - Contract, Categories: evidence, Insurance, contract
J. Lasnik dismisses the cosmetics company's claim that the former salesperson allegedly shared a screenshot of a private company-related conversation with another affiliate, and that her alleged actions led to 5,500 employees quitting. There is no evidence that the former salesperson disclosed or otherwise used the cosmetics company's trade secrets. Even if she did, there is no evidence that her alleged actions led to the mass employee exit, as some left due to their friends being fired, some because the cosmetics company unilaterally changed its affiliate compensation plan, and others left before the former salesperson's alleged breach.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: July 5, 2023, Case #: 2:21cv145, NOS: Other Contract - Contract, Categories: evidence, Trade Secrets, contract
J. Piersol denies a law firm's motion for summary judgment and grants in part Citibank's motion for summary judgment in a matter in which the firm sought to recover funds for collection and legal work it performed on second mortgage accounts that Citibank placed with the firm but later recalled. The firm presented evidence demonstrating the elements of an unjust enrichment, therefore Citibank was not entitled to summary judgment on that claim. However, the firm's claims for promissory estoppel were also denied because the firm relied on the alleged claims of a Citibank employee between 2010 and 2012. Those alleged claims were "simply too vague and indefinite to constitute a 'promise' for purposes of promissory estoppel."
Court: USDC South Dakota, Judge: Piersol, Filed On: June 30, 2023, Case #: 4:19cv4195, NOS: Other Contract - Contract, Categories: evidence, Banking / Lending, contract
J. Stacy finds the trial court properly entered judgment in favor of the contractor in this suit arising from a residential construction project regarding which contractual specifications and dollar amounts changed, resulting in a cessation of work and the contractor's seeking of payment for work completed. During a conference to get a ruling on proposed exhibit admissibility, the property owner requested “some direction from the court before the jury comes in”, which was effectively an oral motion in limine. A ruling on a motion in limine is not a final ruling, the question of admissibility being the basis of the owner's appeal. The non-final ruling does not present a question for review. Because the contractor successfully foreclosed on its lien, nothing establishes wrongful deprivation to support an award of attorney fees. Affirmed in part.
Court: Nebraska Supreme Court, Judge: Stacy , Filed On: June 30, 2023, Case #: S-22-377, Categories: Construction, evidence, contract
J. Hicks denies summary judgment to a subcontractor, refusing to dismiss a contractor’s damages claims, arising from the subcontractor’s filing of a $388,587 property lien against the project owner regarding a dispute over the removal of asbestos from the demolition of a battery manufacturing plant. The ruling seeks additional argument regarding the causes of the subcontractor’s claims relating to the lien and whether the dispute could be resolved separately from any trial, possibly in an evidentiary hearing or after a trial record is made.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: June 29, 2023, Case #: 5:20cv471, NOS: Other Contract - Contract, Categories: Construction, evidence, contract
J. Breedlove finds that the lower court properly granted summary judgment to the plaintiff finance company in this breach of contract lawsuit against a car dealership. The car dealership challenges a ruling to exclude certain summary judgment evidence, but it failed to address "all 19 grounds for exclusion" of the affidavits at issue. Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: June 21, 2023, Case #: 05-22-00692-CV, Categories: Civil Procedure, evidence, contract
J. Snow grants the plaintiff insurance company's motion to dismiss a certain theory alleged in the amended counterclaim against it. Specifically, the allegations do not show that the insurer acted in bad faith by denying the insurance claim for a fire that destroyed a building. Additionally, the building defendants will not be allowed to amend their counterclaim again.
Court: USDC Eastern District of Oklahoma, Judge: Snow, Filed On: June 20, 2023, Case #: 6:19cv427, NOS: Insurance - Contract, Categories: evidence, Insurance, contract
J. Christel dismisses with prejudice the insured's extracontractual IFCA, CPA and bad faith claims alleging that the insurance company unreasonably refused to compensate the insured for damages he sustained in a motor vehicle accident. The insurance company conducted an investigation of the insured's claim and had a factual basis for its evaluation, which is that the insured did not provide the insurance company with evidence, such as his doctor's April 2020 opinion regarding his back injury, until after he sent a demand letter for litigation.
Court: USDC Western District of Washington, Judge: Christel, Filed On: June 14, 2023, Case #: 2:21cv1524, NOS: Insurance - Contract, Categories: evidence, Insurance, contract
J. Robinson vacates a lower court ruling in favor of Verizon New England, dismissing a consumer’s fraud and contract claims that the phone company should not have continued charging him until 2021 for a burglar alarm linking his residence to the Barrington Police station, after the station was demolished some time in the 2000s. Conflicting statements on when exactly the service line terminated and when the station was demolished reflect genuinely disputed issues of material fact. Vacated.
Court: Rhode Island Supreme Court, Judge: Robinson, Filed On: June 13, 2023, Case #: 2022-32-A, Categories: Communications, evidence, contract
J. Barbier, following a bench trial, finds that the owner of a twin-screw pushboat breached its contract with a shipyard for repairs, and owes the shipyard for work invoiced at $572,113. The ruling finds that the shipyard is entitled to prejudgment interest at a rate of 6% per annum from July 30, 2021, until paid.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: June 7, 2023, Case #: 2:22cv1169, NOS: Marine - Contract, Categories: evidence, Maritime, contract
J. Denney finds in favor of the indoor agricultural business in this trade secret dispute arising from the sale of membership interest in its subsidiary. Despite testimony that the subsidiary's client email list was “gold,” it was not referenced in the purchase agreement. No one at the subsidiary communicated that the list was not to be accessed or utilized by the ag business. The subsidiary also made no effort to safeguard the secrecy of the information.
Court: USDC Nevada, Judge: Denney, Filed On: May 30, 2023, Case #: 3:21cv73, NOS: Other Contract - Contract, Categories: evidence, Trade Secrets, contract
J. Brennan grants the employer's motion for summary judgment, ruling the employee's contract claim fails because none of the alleged breaches mentioned in his complaint are included in any of the terms of his divisional supervisor agreement with the employer. Meanwhile, although a supervisor made two comments about the fact the employee is of Middle Eastern descent, they were sporadic in nature and insufficient to support a discrimination claim, especially considering the employer had a legitimate reason to fire the worker.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: May 30, 2023, Case #: 1:20cv271, NOS: Employment - Civil Rights, Categories: evidence, Employment Discrimination, contract