371 results for 'cat:"Civil Procedure" AND cat:"Contract"'.
J. Newbern grants the plaintiff company's request "to obtain certain discovery before responding" to the pending summary judgment motion in this breach of contract case concerning an agreement to sell certain medical devices. The plaintiff company has complied with the "procedural and substantive requirements" and the legal factors weigh in favor of granting the motion. The court will also administratively terminate the summary judgment motion.
Court: USDC Middle District of Tennessee , Judge: Newbern, Filed On: January 17, 2024, Case #: 3:23cv72, NOS: Other Contract - Contract, Categories: civil Procedure, Discovery, contract
J. Cole denies the insurer's motion to dismiss, ruling Ohio's conflict-of-laws principle requires the court to apply Ohio's 6-year statute of limitations, rather than the 4-year limitation present in California, which renders the estate's life insurance contract claim timely.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: January 12, 2024, Case #: 1:23cv122, NOS: Insurance - Contract, Categories: civil Procedure, Insurance, contract
J. Wright denies the insured's motion to remand its action against its insurer to state court. The insurer's removal of the action to federal court was timely, since service did not occur until the Commissioner of Commerce, as a required statutory agent, was served. Equitable estoppel of arguments of timeliness is also not appropriate, since the insured does not allege that the insurer intentionally provided an incorrect address to the insured.
Court: USDC Minnesota, Judge: Wright, Filed On: January 10, 2024, Case #: 0:23cv2314, NOS: Insurance - Contract, Categories: civil Procedure, Insurance, contract
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J. Colins finds that the lower court improperly awarded an $88,750 judgment entered in favor of an insured religious organization in this breach of contract and bad faith case against its insurance company arising from a computer hacking incident. The insurance company was entitled to judgment on both claims, as the loss in question did not exceed the relevant policy deductible. Vacated.
Court: Pennsylvania Superior Court, Judge: Colins, Filed On: January 9, 2024, Case #: J-A25032-23, Categories: civil Procedure, Insurance, contract
J. Welbaum finds the joint property owner was able to bring a contract action against his partner despite no formal accounting of the parties' joint venture. Under Ohio law, a simplistic venture like the one at issue here, which involved a single real estate transaction, does not require accounting procedures before litigation. Meanwhile, a previous judgment against the partner precluded him from bringing claims related to a "quit letter" against the property owner because that issue had already been decided and, therefore, was barred by res judicata. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: January 5, 2024, Case #: 2024-Ohio-24, Categories: civil Procedure, Real Estate, contract
J. Trauger grants the defendant distillery's motion to dismiss the first amended complaint in this breach of contract action involving the alleged transfer of a liquor distribution franchise. The letter that the distributor sent to the distillery requesting approval of the transfer failed to provide the written notice required by statute. Accordingly, the distributor fails to state a claim against the distillery based on an alleged statutory violation or for breach of contract.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: January 4, 2024, Case #: 3:23cv363, NOS: Franchise - Contract, Categories: civil Procedure, contract
J. Alley dismisses, for want of jurisdiction an appeal, brought by mechanics who were sued for fraud and other claims by a customer who alleged that the mechanics had “spraypainted an older motor” rather than installing a new engine as he had paid for. The customer had already obtained a no-answer default judgment after the mechanics failed to respond, and they did not file this appeal until after the deadline.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: December 28, 2023, Case #: 08-23-00107-CV, Categories: civil Procedure, Fraud, contract
J. Molberg finds that the lower court properly ruled against the appellant aviation company in this breach of contract dispute. The appellant argues that the judgment is void, due to the appellee's lack of standing, specifically "because no contracts exist between these parties." However, it also filed a counterclaim alleging breach of contract between the parties, as to "the very contracts which it belatedly claims did not exist." Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: December 27, 2023, Case #: 05-23-00344-CV, Categories: civil Procedure, contract
J. Doughty grants a request by two insurers to dismiss all claims by a Louisiana couple arising from unspecified damages to their home. The litigants are not named insureds, additional insureds, or third-party beneficiaries under the policy; therefore, they lack standing to enforce the insurance contract. Furthermore, because they have not sufficiently alleged the breach of contract claim, their bad faith claim also fails.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: December 27, 2023, Case #: 6:23cv803, NOS: Insurance - Contract, Categories: civil Procedure, Evidence, contract
J. Altice finds that the trial court should have enforced arbitration as requested by a contractor in construction claims brought in Wisconsin because the contractor did not waive the right to demand such in an Indiana lawsuit, which, in turn, should be paused pending the outcome of the prior-filed Wisconsin action. Reversed.
Court: Indiana Court Of Appeals, Judge: Altice, Filed On: December 27, 2023, Case #: 23A-PL-654, Categories: Arbitration, civil Procedure, contract
[Consolidated.] J. Wilson partly grants mandamus relief to the company and estate executor who challenge certain paragraphs in interlocutory judgments rendered for three probate court cases that involve a stock purchase agreement. The trial court abused its discretion in issuing the challenged paragraphs and "by failing to declare that the Estate owns the shares."
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: December 21, 2023, Case #: 14-23-00147-CV, Categories: civil Procedure, Wills / Probate, contract
[Consolidated.] J. Jenkins finds that the trial court should not have found for an oil company on property owner heirs' claims that the oil company improperly disposed of hazardous substances on their property and concealed information of the contamination on the basis that BP's predecessors ceased their activities on the property by 1968, which was prior to the heirs acquiring the property. It was error to determine that the subsequent purchaser doctrine applied to the exchange of property because the transaction was an exchange and not a sale. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: December 20, 2023, Case #: 2023-CA-0212, Categories: civil Procedure, Property, contract
[Consolidated.] J. Tapp finds for plaintiff in this post-award bid protest concerning a contract to provide body armor kits because ICE failed to respond to the company's challenge to an organizational conflict of interest. The matter should be remanded for further proceedings.
Court: Court of Federal Claims, Judge: Tapp, Filed On: December 19, 2023, Case #: 23-913, Categories: civil Procedure, contract