4,551 results for 'cat:"Contract"'.
J. Funke finds the court of appeals properly confirmed the county court's award of $100,000 and a camper to the decedent's wife. The couple executed a premarital agreement by which they retained rights to separate property while deeming that acquired during the marriage jointly owned, with full rights of survivorship. Though the copersonal representatives of the estate say the cash and the camper were the decedent's personal property, sufficient evidence shows that the camper was acquired during the marriage. The agreement also designated the cash to go to the survivor. The reps don't dispute that they never paid the $100,000, despite acknowledging that the agreement remained in full force at the decedent's death. This constitutes a contract breach. Because the wife's suit was for breach of contract, it was not barred for being untimely filed. Affirmed.
Court: Nebraska Supreme Court, Judge: Funke , Filed On: May 17, 2024, Case #: S-22-024, Categories: Family Law, Wills / Probate, contract
J. Price denies the request for spinal clinic's quantification of damages and fees awarded by default against the lymphedema treatment facility. Based mostly on breach of contract and deceptive trade practices claims, the spinal clinic's filings are described as "heavy on exhibits and light on analysis," and are insufficient to carry the clinic's burden of showing damages.
Court: USDC Middle District of Florida, Judge: Price , Filed On: May 17, 2024, Case #: 6:17cv2206, NOS: Other Contract - Contract, Categories: Fraud, Trade, contract
J. Easterbrook finds that the lower court properly ruled that a provision of the insurer's basic commercial policy excluding coverage for any claim arising out of the disclosure of a person's personal information applies to claims arising under the Illinois Biometric Information Privacy Act. However, the insurer must defend the employer under its umbrella policy as the data-breach liability exclusion and the employment-related practices exclusion does not apply to claims brought under BIPA. Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: May 17, 2024, Case #: 23-1521, Categories: Insurance, Privacy, contract
J. Jay finds the trial court improperly denied the property owner's motion for attorney fees stemming from the contractor's attorney knowingly making legally unsupported arguments at trial. The property owner's knowledge that the contractor was unlicensed at the time it was hired for a remodeling project is irrelevant to the substance of the contractor's attorney's breach of contract complaint, which it filed despite knowing such a claim was untenable because the contractor was unlicensed. The case is remanded for the trial court to determine the appropriate amount of fees to award to the property owner. Reversed.
Court: Florida Courts Of Appeal, Judge: Jay, Filed On: May 17, 2024, Case #: 23-1393, Categories: Attorney Fees, 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. Frank denies the payment processing client's motion to dismiss its payment processing provider's suit alleging that it breached the parties' contract by replacing it with another company. This court has personal jurisdiction over the parties, since they met in Minnesota on at least one occasion to discuss the contract and sent emails back and forth from Minnesota, and a choice-of-law provision in the contract requires that it be interpreted, construed and enforced in accordance with Minnesota law. The provider has also plausibly alleged its claims.
Court: USDC Minnesota, Judge: Frank, Filed On: May 17, 2024, Case #: 0:24cv373, NOS: Other Contract - Contract, Categories: Jurisdiction, contract
J. Méndez-Miró grants the corporate petroleum franchisor's motion for default judgment. The franchisor is the lessee and sub-lessor of the parcel of land and gasoline service station for which it is exclusively authorized and licensed to use the TOTAL gasoline products brand. The franchisee and owner of the land on which the gas station sits claims entitlement to operate pursuant to a purported lease executed without the franchisor's consent, transferring its rights and obligations to a third party. The franchisor never consented to the transfer, and the transferee's use of its brand logos is an infringement. The transferee has also failed to operate the gas station, and this constitutes dilution by tarnishment.
Court: USDC Puerto Rico, Judge: Méndez-Miró, Filed On: May 16, 2024, Case #: 3:19cv1935, NOS: Trademark - Property Rights, Categories: Property, Trademark, contract
Per curiam, the appellate division finds that the lower court properly awarded the defendant engineering firm attorneys fees after it won a $428,000 judgment. The firm is entitled to fees under the parties' subcontract, and New York law applies to the fee request because the court ruled in plaintiff's favor on the inapplicability of the Virginia choice-of-law clause in the subcontract. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 02752, Categories: Choice Of Law, Attorney Fees, contract
J. Liman partially denies the company's motion to dismiss its founder's claims it has purposefully frustrated his efforts to exercise millions of dollars worth of options to acquire company stock. The founder has adequately pleaded that the company prevented him from exercising his options by failing to provide a timely valuation of the stock and refusing to issue him shares based on claims he had not satisfied his tax obligations.
Court: USDC Southern District of New York, Judge: Woods, Filed On: May 16, 2024, Case #: 1:22cv682, NOS: Other Contract - Contract, Categories: Corporations, contract
Per curiam, the court of appeals finds that the appellate division properly held that shareholders of an acquired Canadian oil and gas company were not entitled to bring breach of contract claims because the contract unambiguously stated that such could be brought only by "required holders" meeting a defined ownership threshold. Affirmed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: May 16, 2024, Case #: 48, Categories: contract
J. Chase finds that the trial court properly dismissed the insurer of a driver in this car collision suit caused by a hit and run driver. In this case, uninsured motorist coverage was validly waived by the primary policy holder under Texas law. Texas law applies because the policy was issued and negotiated in Texas and lists only Texas addresses for the insurance agency and primary policy holder. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: May 16, 2024, Case #: 2023-CA-0734, Categories: Insurance, contract
J. Horton finds the county court improperly denied the earth mover's attorney's motion to reinstate/for new trial. The earth mover's case was dismissed, and the client/property owner received $19,891 on its contract breach counterclaim after the earth mover's attorney failed to appear. The attorney, who was involved in another proceeding due to a scheduling conflict, requested that his clerk go to the other courtroom to let them know that he would be there. The clerk instead checked the court’s webpage “for an update,” which resulted in the attorney’s unintentional failure to appear. This reasonably explains that the attorney's absence was not due to conscious indifference. Reversed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: May 16, 2024, Case #: 09-22-00323-CV, Categories: Administrative Law, Due Process, contract
J. Mazzant grants as modified the individual's motion for attorney fees and costs after partially prevailing on a claim for breach of a settlement agreement regarding a probate matter. The individual is awarded $31,265 in attorney fees and $1,208 in costs.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: May 16, 2024, Case #: 4:21cv644, NOS: Other Contract - Contract, Categories: Settlements, Attorney Fees, contract
J. Belsome finds that the trial court should not have dismissed the property owner from a worker's claim related to injuries sustained when he suffered an electric shock and fell during his work on a construction site. In this case, there is a genuine issue of material fact that the property owner did not follow its own internal safety manual when it retained operational control of all electrical work and did not retain an electrical contractor to supervise all electrical work or to provide its own personnel. Reversed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: May 15, 2024, Case #: 2023-CA-0749, Categories: Construction, Tort, contract
J. Abramson finds the circuit court improperly denied the masonry company's motion to set aside a default judgment entered in favor of the construction company. The original breach of contract action was brought by the masonry company, with the circuit court granting the construction company's motion to dismiss. The construction company filed another breach of contract action, serving the masonry company at an incorrect address, with the green card evidencing delivery was returned unsigned. The default judgment is void due to insufficient service of process. Reversed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: May 15, 2024, Case #: CV-23-257, Categories: Construction, Due Process, contract
J. Larimer allows defendant to continue counterclaims contending the county failed to pay for services to remedy a power interruption because the "quasi-contract" counterclaims were essentially contractual in nature, and thus the notice of claim requirement does not apply. However, certain claims concerned matters governed by the parties' contract.
Court: USDC Western District of New York, Judge: Larimer , Filed On: May 15, 2024, Case #: 6:23cv6398, NOS: Other Contract - Contract, Categories: contract
J. Belsome finds that the trial court properly found for a marina owner on his fraud and Unfair Trade Practices Act claims against the credit card processor after the processor could not wirelessly integrate all of the marina's sales with its inventory and accounting system. The marina owner was properly awarded treble damages because the processor took steps to hide the identity of the contracting party, arranged to have his credit card devices placed on the gas pumps without a request or authorization by the marina owner, and misrepresented the credit card system he could deliver. Further, the processor refused to refund the marina owner's money, did not contact the marina owner, and engaged in months of evading service of process. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: May 15, 2024, Case #: 2023-CA-0660, Categories: Fraud, Business Practices, contract
J. Schlegel finds that the trial court should not have denied an insurer's motion for summary judgment for coverage to an insured on a claim of faulty repair work the insured performed on a truck. The insurer's policy does not provide coverage for damages arising from faulty workmanship. Further, the truck owner presented evidence that when its employees went to retrieve the truck, the insured's employee started up the truck and drove it a short distance despite the fact that the engine warning light and alarm had activated due to lack of sufficient oil in the engine. Therefore, the "products completed operations hazard” does not apply because the truck was still on the insured's property at the time the damage occurred. Reversed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: May 15, 2024, Case #: 24-C-125, Categories: Insurance, contract
J. Dorsey grants the solar homeowner's anti-SLAPP motion to dismiss the solar system installer's defamation claims. The homeowner wrote a negative Google review and filed consumer complaints with the Nevada State Contractors Board and the Nevada Bureau of Consumer Protection after the installer failed to include bird wiring to protect the equipment. The homeowner, under the incorrect presumption that bird wire was included in the contract, made the complaints in good faith, demonstrating the criticisms are protected by the anti-SLAPP statutes. The installer has established the legal sufficiency of its abuse-of-process claim, which may proceed.
Court: USDC Nevada, Judge: Dorsey , Filed On: May 15, 2024, Case #: 2:23cv2036, NOS: Other Contract - Contract, Categories: Anti-slapp, Defamation, contract
J. Miller finds the trial court improperly ordered an appraisal in the insurance company and insured's dispute over coverage of damages the insured's property sustained from Hurricane Irma. The trial court was required to conduct an evidentiary hearing to determine if the insured complied with all of its post-loss obligations under the policy, such as maintaining expense records and allowing an inspection of the property, so its order for appraisal was premature. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: May 15, 2024, Case #: 23-1672, Categories: Insurance, contract
J. Robinson finds that the trial court properly dismissed an account holder's claims for damages after a credit union placed an administrative freeze on her and her company's accounts. In this case, the credit union was issued a search warrant related to allegedly stolen money being put into the company's account that the account holder received from an investor. The credit union manager had a responsibility to protect the assets of the credit union. Further, the credit union acted within its rights under the loan and security agreements when it placed the loan in default and repaid the loan through account funds pledged as security for the loan. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: May 15, 2024, Case #: 55,483-CA, Categories: Banking / Lending, contract
J. Bokor finds the trial court improperly granted summary judgment to the lessee in a dispute with a neighboring property owner over a public-private agreement they entered with the city to redevelop a waterfront area in Miami, and a previous opinion in this case is withdrawn and replaced. Because genuine issues of fact exist as to whether the lessee was entitled to make improvements to a public roadway on the owner's property and whether the lessee made false representations to get the owner to sign one of the relevant contracts, summary judgment should not have been granted, particularly as pertains to the owner's fraud claims. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: May 15, 2024, Case #: 21-0806, Categories: Fraud, Property, contract
J. Koeltl grants the firm's motion to exclude the defendant lawyer's expert witness regarding the value of his interest in several of the firm's contingency matters. The lawyer's expert lacks the expertise to make the conclusions he reaches and his opinions are not helpful to the jury. However, the firm may not preclude the lawyer from testifying as a lay witness regarding his removal from the firm.
Court: USDC Southern District of New York, Judge: Koeltl, Filed On: May 15, 2024, Case #: 1:21cv1746, NOS: Other Contract - Contract, Categories: Experts, contract
J. Stephens finds that the trial court properly denied plaintiff gas companies' motion to strike the competition claims asserted by defendant gas companies in its reconventional demand on the petition seeking declaratory judgment that the defendants may not, without approval, locate proposed pipeline crossings across properties covered by plaintiffs' own pipeline right-of-way servitudes. In this case, the reconventional demand does not implicate the state's anti-SLAPP law and is a dispute regarding the interpretation of Louisiana’s property law involving private parties. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: May 15, 2024, Case #: 55,900-CA, Categories: Unfair Competition, contract