146 results for 'cat:"Negligence" AND cat:"Contract"'.
J. Behm partially grants the staffing company's motion to dismiss a negligence and breach of implied contract class action as to claims for unjust enrichment and declaratory judgment. The action arose after the individual's personal identifiable information was exposed in a cyberattack due to the company's alleged failure to properly safeguard their computer network. The individual failed to show that the company obtained some monetary benefit or profit from him to support the unjust enrichment claim. However, the individual alleged sufficient damages to state a negligence claim, including the fact that his information was used by someone to fraudulently apply for a loan.
Court: USDC Eastern District of Michigan, Judge: Behm, Filed On: June 30, 2023, Case #: 4:22cv12086, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, Class Action, contract
J. Pascal allows a subcontractor to continue third-party claims contending it was not responsible for water damage because the property owner failed to inform contractors about the water suppression system because the property owner would share some liability if it failed to disclose the location of a thrust block.
Court: USDC New Jersey, Judge: Pascal , Filed On: June 29, 2023, Case #: 1:22cv4739, NOS: Other Contract - Contract, Categories: negligence, contract
J. Bailey finds that the lower court improperly granted summary judgment in favor of the management company on the property owner's breach of contract claim against it. There is evidence of a breach under the parties' lease management agreement, specifically related to the presence of a dog on the premises. Summary judgment was appropriate, however, as to his negligence claim. Reversed in part.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: June 29, 2023, Case #: 11-21-00178-CV, Categories: Real Estate, negligence, contract
J. Simon finds in favor of the customer for his Unlawful Trade Practices Act claim against the car shop as part of the customer's lawsuit alleging that the car shop and its owners did not repair his Mustang and instead made it unsafe to drive. The car shop made untrue statements about the status and quality of restoration services on the customer's Mustang and the material defects of the vehicle's delivery, so the customer is entitled to $53,500 in economic damages.
Court: USDC Oregon, Judge: Simon, Filed On: June 28, 2023, Case #: 3:22cv1387, NOS: Other Contract - Contract, Categories: negligence, contract, Racketeering
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J. Pipkin finds that the trial court properly ruled in favor of the landlord on the tenant's negligence and trespass claims arising from a dispute over remediation efforts for water intrusions and mold growth on the leased premises. However, the trial court incorrectly found in favor of the landlord on the tenant's breach of contract and attorney fees claims. A section of the lease governing the tenant's installation of fixtures does not apply to the breach of contract issue related to work performed by the tenant on the ceiling. An issue of material fact exists as to the claim which must be decided by a jury. Reversed in part.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: June 27, 2023, Case #: A23A0276, Categories: Landlord Tenant, negligence, contract
J. Block denies Exxon’s partial motion for summary judgment on its breach of contract claims brought against a petroleum refiner alleging it refused to accept for storage one of its oil-based products, Altum 4, at a storage facility located in New Jersey under a terminaling subagreement. The court finds the evidentiary record has failed to established whether or not the refiner’s facility could accommodate that particular type of oil or that its refusal to do so was a veiled attempt to negotiate a better deal in light of recent financial hardships. Additionally, the court rules in favor of the refiner on Exxon’s good faith and fair dealing and negligence claims, finding them duplicative of its breach of contract claims.
Court: USDC Eastern District of New York, Judge: Block, Filed On: June 26, 2023, Case #: 1:21cv4183, NOS: Other Contract - Contract, Categories: Energy, negligence, contract
J. Vigil finds a lower court ruled partially correctly in an insurance dispute. After a consumer said he developed breathing problems as a result of water damage to his home, he sued both his insurer and a company that he hired for abatement, but lower courts correctly concluded New Mexico does not allow for “duplicate compensatory damages.” However, a lower court erred somewhat in determining what damages were due from what party. Affirmed in part.
Court: New Mexico Supreme Court, Judge: Vigil, Filed On: June 22, 2023, Case #: S-1-SC-38872, Categories: Insurance, negligence, contract
Per curiam, the circuit finds that the district court improperly dismissed breach of contract claims brought after cash went missing when plaintiff's safe deposit box was drilled open without permission because lease provisions would have protected forced entry, and the subsequent discovery of lost cash plausibly established negligent conduct.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 16, 2023, Case #: 22-1088, Categories: negligence, contract
J. Gonzales grants a motion to "dismiss or for a more definitive statement" and dismisses a contract dispute brought by a consumer against a company that was the owner of her car loan and that the consumer claims "improperly repossessed her car and untruthfully reported her debt to credit reporting agencies." While the consumer's complaints "could implicate potential legal claims if stated differently," she "does not proffer the contract itself nor even describe its terms" despite basing her claims on alleged breaches of contract by the company, and she has brought "two different complaints and nine total claims," all of which were implausible or futile.
Court: USDC New Mexico, Judge: Gonzales, Filed On: June 16, 2023, Case #: 2:21cv1018, NOS: Other Contract - Contract, Categories: Fraud, negligence, contract
J. Schreier finds that an insurance company is not liable for claims of fraud, negligence and misrepresentation in a matter involving a project that the Western Area Power Administration sought to complete. The energy company failed to meet its burden to prove any claims or to show why it is legally entitled to pursue a breach of contract claim.
Court: USDC South Dakota, Judge: Schreier, Filed On: June 13, 2023, Case #: 4:20cv4033, NOS: Insurance - Contract, Categories: Fraud, negligence, contract
J. Alvarez finds for a group of lenders on a homeowner's fraud, contract and related claims in a foreclosure case. Although the homeowner recites the elements of each claim, he fails to plead any facts to support the claims.
Court: USDC Southern District of Texas, Judge: Alvarez, Filed On: June 12, 2023, Case #: 7:22cv422, NOS: Foreclosure - Real Property, Categories: Fraud, negligence, contract
J. Hyman finds that the lower court properly found the city contractors cannot be held liable for a woman's injuries on an elevated sidewalk because they followed the requirements of the city's plans and instructions. Further, the city inspected and approved their work. Affirmed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: June 12, 2023, Case #: 220266, Categories: negligence, contract
J. Jones denies the construction company's motion to dismiss the lawsuit seeking damages for breach of contract, negligence, and fraud in relation to the renovation and restoration of the consumer's home. The company allegedly caused the disposal of lead paint residue and dust in the consumer's home. The consumer sufficiently pleaded their claims.
Court: USDC Western District of Virginia, Judge: Jones, Filed On: June 6, 2023, Case #: 1:23cv10, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Fraud, negligence, contract
J. Hollander denies an attorney’s motion to dismiss professional negligence allegations brought by a bankruptcy client. The client retained the attorney to represent her when she filed for Chapter 13 bankruptcy, but he refused to seek relief from the stay and continued to bill her, prompting the current suit. Although there had been a delay in the attorney being served, it was only a day late and the client has good cause in the suit, so she is given a retroactive extension of time to serve the attorney.
Court: USDC Maryland, Judge: Hollander, Filed On: June 6, 2023, Case #: 1:22cv2639, NOS: Other Contract - Contract, Categories: Bankruptcy, negligence, contract
J. Stadtmueller finds partially in favor of the solar power plant developer in a lawsuit it faces from a company which loaned the developer more than $500,000 across two business notes which ended up in default. The company who made the loan's motion for summary judgment is partially granted, in that it is ordered that the developer is liable to the company for around $3.9 million per the terms of their agreement even though the company only ever dispersed $514,000, but the company's claim for turnover of a membership interest in the developer is dismissed with prejudice. If the parties are unable to agree on an amount of prejudgment interest, the first round of briefing on the matter is due from the company on July 5, 2023.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: June 2, 2023, Case #: 2:22cv757, NOS: Negotiable Instrument - Contract, Categories: negligence, contract
J. Anderson denies the defendant company's dismissal motion in this negligence lawsuit involving the construction of an industrial building. Contrary to the defendant company's argument, the economic loss doctrine does not bar the claims. Also, the "as is" language in the purchase agreement does not preclude a negligence claim.
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: June 1, 2023, Case #: 1:22cv1015, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, negligence, contract