266 results for 'cat:"Jurisdiction" AND cat:"Contract"'.
J. Nugee finds a lower court improperly dismissed a bank's motion for a anti-suit injunction against a natural gas processor. The natural gas processor argued that the bank was entitled to arbitrate contract claims in Paris. However, the bank presented sufficient evidence in court that England is the proper venue for a request for injunction. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Nugee, Filed On: October 12, 2023, Case #: CA-2023-1697, Categories: jurisdiction, contract, Injunction
J. McKinnon finds that the lower court had personal jurisdiction over a New York-based wildlife photographer accused of using Facebook to interfere with the business operation of a wildlife photography farm in Montana because, though she is not from Montana, she contacted the Montana business and tagged enough Montana residents during her campaign against the farm to generate jurisdiction. Affirmed.
Court: Montana Supreme Court, Judge: McGrath, Filed On: October 11, 2023, Case #: OP 22-0587, Categories: Interference With contract, Equal Protection, jurisdiction
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J. Wolf denies a software company’s motion to dismiss but grants its motion to transfer the lawsuit brought against it by those who intended to promote and sell, or buy and use, its software. The master services agreement between the parties mandates that the civil action be transferred to New York.
Court: USDC Massachusetts, Judge: Wolf, Filed On: September 29, 2023, Case #: 1:22cv10446, NOS: Other Fraud - Torts - Personal Property, Categories: jurisdiction, contract, Technology
J. Jackson denies a request by a California-based filmmaker to dismiss on jurisdictional grounds a lawsuit by a Louisiana-based company that pilots drones for aerial photography, after alleging $587,228 in damages, from unpaid fees, damaged equipment and unpaid drone pilot fees. Hired for a documentary about a scallop fishing vessel off the coast of Massachusetts, production failed allegedly due to poor conditions for filming and the Louisiana drone owner became “deathly seasick.” The litigants’ resulting contract dispute must be resolved in a Louisiana court. The evidence shows that the filmmaker waived jurisdiction by virtue of a forum selection clause in a binding contract.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: September 28, 2023, Case #: 3:22cv912, NOS: Other Contract - Contract, Categories: Damages, jurisdiction, contract
J. Phillips finds a lower court properly dismissed a wealth management company's contract claims against a chemical producer. The wealth management company argued that the chemical products company failed to pay for services. However, the court lacks jurisdiction to hear claims in the English court. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Phillips, Filed On: September 28, 2023, Case #: CA-2023-16, Categories: jurisdiction, contract
J. Michelson grants defendant dismissal of claims contending defendant broke an oral agreement to store $375,000 in cash and a Mercedes in Indiana while plaintiff was in prison and, ultimately, to deliver the cash and car to Michigan because neither party resides in Michigan or maintains continuous contacts with the state.
Court: USDC Eastern District of Michigan, Judge: Michelson, Filed On: September 27, 2023, Case #: 2:22cv11457, NOS: Other Contract - Contract, Categories: Property, jurisdiction, contract
J. Barker denies the construction company's motion to dismiss, ruling that even if the court takes the owner at her word and assumes she was not served, her continued and active participation in this lawsuit over the past 18 months waives any failure of service argument and gives this court jurisdiction over the bond owner's claims.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: September 26, 2023, Case #: 1:21cv593, NOS: Other Contract - Contract, Categories: Construction, jurisdiction, contract
J. Partida-Kipness finds that the lower court properly granted the university's plea to the jurisdiction in this suit brought by a former student in the family nurse practitioner program. There was no error in granting the university's motion as to the student's tort claims, which were barred by sovereign immunity. The student also fails to show that "a contract was created." Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: September 20, 2023, Case #: 05-22-00207-CV, Categories: Education, jurisdiction, contract
J. Boasberg dismisses a research firm's claims against a group of attorneys and law firms in connection with $30,000 in research done into potential bias in the D.C. jury pool for the Proud Boys' trial that it was allegedly never paid. The firm fails to state a claim for copyright infringement, and the remaining claims are state law-based.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: September 19, 2023, Case #: 1:23cv523, NOS: Copyrights - Property Rights, Categories: Copyright, jurisdiction, contract
J. Casper denies a bike tour company's motion to dismiss claims brought against it by a Salem company relating to the purchase of a defective 15-person bike. The bike tour company claims the court lacks personal jurisdiction, but members of the bike tour company communicated with the Salem company representative while they were in Salem by phone, e-mail and text to transact business.
Court: USDC Massachusetts, Judge: Casper, Filed On: September 18, 2023, Case #: 1:21cv11418, NOS: Other Contract - Contract, Categories: jurisdiction, Business Practices, contract
Vice Chancellor Glasscock dismisses claims seeking to direct an escrow agent to release funds under the parties' contract because the request is inadequate to invoke subject matter jurisdiction. Negligent misrepresentation counterclaims also fail to invoke such since the buyers' relationship to the sellers had been contractual and had not been equitable.
Court: Delaware Chancery Court, Judge: Glasscock, Filed On: September 15, 2023, Case #: 2022-0815-SG, Categories: Fraud, jurisdiction, contract
J. Goldstein finds that the lower court improperly granted the amended special appearance filed by one of the appellees in this lawsuit alleging breach of contract and tortious interference with an existing contract. The appellee company allegedly operates a service center in Texas with a manager and 33 employees. There are minimum contacts with the state so as to support specific jurisdiction. Reversed in part.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: September 15, 2023, Case #: 05-22-00770-CV, Categories: Interference With contract, jurisdiction, contract
J. Coulson grants a third-party vinyl resin producer's motion to dismiss claims in a suit concerning a shipment of 40,000 pounds of product after the tractor trailer hauling the product crashed. The producer, the owner or leaser of the tractor and the trucking company that recovered the product are all involved in this suit. The company claims the producer owes it payment for the recovery services rendered and breached the implied contract created by said services. However, as the producer is not located in Maryland, it cannot be subject to personal jurisdiction and the complaint must be dismissed.
Court: USDC Maryland, Judge: Coulson, Filed On: September 14, 2023, Case #: 1:22cv2409, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: jurisdiction, contract
J. Riggs grants, in part, the lenders' motion to dismiss, ruling their failure to conduct any transactions or make contact with the loan applicants about financing several real estate purchases deprives this court of jurisdiction to hear contract claims. Meanwhile, the applicants' failure to explain in their complaint how any of the conduct by the prospective lenders constitutes wire fraud under RICO requires dismissal of that claim.
Court: USDC New Mexico, Judge: Riggs, Filed On: September 8, 2023, Case #: 1:23cv493, NOS: Other Contract - Contract, Categories: Real Estate, jurisdiction, contract