229 results for 'cat:"Damages" AND cat:"Contract"'.
J. Gruender finds a lower court properly granted summary judgment to a Canadian hand sanitizer company on contract claims against a Minnesota retail distributor, but improperly granted an award of attorney's fees. The Minnesota retail distributor argued that the Canadian hand sanitizer company failed to compensate it for 1 million bottles of product as part of a purchase order on behalf of Five Below, in violation of the parties' "cash on delivery" agreement. However, the Canadian company sufficiently showed in court that the Minnesota retailer violated the U.N. Convention on Contracts for the International Sale of Goods by refusing to pay its cash on delivery obligation. Affirmed in part.
Court: 8th Circuit, Judge: Gruender, Filed On: May 30, 2024, Case #: 23-2164, Categories: damages, Covid-19, contract
J. Pipkin finds that the trial court improperly ruled in favor of the contractor as to the individual's claim for general damages in a breach of contract action arising from the contractor's alleged failure to complete or properly perform tile work for the individual. The individual's testimony that the contractor failed to complete the tile work and improperly installed tiles was undisputed. However, the trial court correctly ruled in favor of the contractor on the individual's claim for consequential damages since the damages cannot be traced solely to the contractor's alleged breach. Reversed in part.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: May 30, 2024, Case #: A24A0171, Categories: damages, contract
J. Lewis finds the lower court erroneously granted the digital sign company's request for damages equal to a refund of sign parts purchased from the manufacturer and replacement costs for the defective materials. The expert testimony of the digital sign company did not conclusively establish a monetary amount for replacement costs. While the digital sign company is entitled to damages for replacement costs, the case must be remanded for an accurate calculation and a reassessment of the total damages award. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: May 24, 2024, Case #: 2024-Ohio-2006, Categories: damages, Experts, contract
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J. Mendez-Miro grants a company $950,000 in damages and $57,000 in attorney fees and costs following entry of default judgment in breach of contract claims.
Court: USDC Puerto Rico, Judge: Mendez-Miro, Filed On: May 22, 2024, Case #: 3:23cv1118, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Civil Procedure, damages, contract
J. Hunter finds that the trial court should not have awarded general damages and special damages to a car owner on her claim that the car repair shop damaged her car and improperly charged her for a repair diagnostic. The trial court did not specify what the damages amounts were for. Further, the record shows that the car owner's misunderstanding of her warranty coverage for the diagnostic cannot be attributable to the car repair shop. Reversed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: May 22, 2024, Case #: 55,699-CA, Categories: damages, contract
J. Huddle finds that the court of appeals improperly ruled against a car dealership in its case against its landlord after the landlord denied an extension to the lease and sought to evict the dealership. The parties came to an agreement that transferred the premises back to the landlord, but the dealership filed an additional claim for breach of contract and constructive eviction. A jury awarded the dealership $1 million in damages on those claims, but the court of appeals reversed and ordered the dealership to take nothing because it had agreed to turn over possession of the property in the previous litigation. The court of appeals ruled incorrectly because the dealership did not abandon its right to seek damages when it agreed to end the eviction dispute. Furthermore, its departure from the property was not voluntary, thus making its claims viable. Reversed.
Court: Texas Supreme Court, Judge: Huddle, Filed On: May 17, 2024, Case #: 22-0846, Categories: Landlord Tenant, damages, contract
J. Garcia finds that the lower court properly granted no-evidence summary judgment in favor of the appellees on the clinical pharmacy's claims for misappropriation of trade secrets, tortious interference and breach of contract. Contrary to the pharmacy's argument on appeal, the time allowed for discovery was adequate. Also, the pharmacy failed to show that it suffered damages in support of its breach of contract claim against its former employee. Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: May 16, 2024, Case #: 05-22-01276-CV, Categories: Trade Secrets, damages, contract
J. Snyder grants the import and export company default judgment in the form of $1 million in compensatory damages and $3.1 million in trebled damages for its complaint that the Canadian company gave the import and export company counterfeit Ralph Lauren products. The import and export company presents evidence from non-party Ralph Lauren confirming that it never gave the Canadian company authorization to sell the goods, and the import and export company plausibly alleges that the Canadian company's concealment caused the former damages.
Court: USDC Central District of California, Judge: Snyder, Filed On: May 15, 2024, Case #: 2:23cv7937, NOS: Other Contract - Contract, Categories: Fraud, damages, contract
J. Hassan finds that the trial court partly erred regarding the damages awarded to the landlord in a suit against the former tenant alleging breach of lease. The evidence was insufficient to support the damages awarded to the landlord for re-leasing expenses, and the tenant was owed a credit of $100,000 for the security deposit. Reversed in part.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: May 14, 2024, Case #: 14-22-00727-CV, Categories: Landlord Tenant, damages, contract
J. Brann denies an asphalt company’s motion to dismiss a township’s claims alleging the asphalt company failed to meet the terms of a road repair contract. The identified deficiencies allegedly caused the road’s failure. Brann grants an insurance company’s motion to dismiss the township’s demand for punitive damages since no breach of societal duty has been alleged.
Court: USDC Middle District of Pennsylvania, Judge: Brann, Filed On: May 14, 2024, Case #: 4:24cv280, NOS: Other Contract - Contract, Categories: damages, contract
J. Farris finds that the trial court improperly awarded Preston Hollow more than $52 million in damages and pre-judgment interest for its breach of contract claim alleging that Senior Care defaulted on promissory notes related to the construction of an assisted living facility. A notice sent to Senior Care did not give clear, unequivocal notice that the debt would be automatically accelerated if it did not cure the alleged defaults. A new trial is necessary on this claim.
Court: Texas Courts of Appeals, Judge: Farris, Filed On: May 14, 2024, Case #: 01-21-00602-CV, Categories: damages, contract
J. Williams finds that the lower court properly awarded $0 in damages to the appellant in this breach of contract case involving oilfield equipment that allegedly fell into an oil well and had to be retrieved. Additionally, the amount owed to the appellee under multiple invoices was not “previously discharged by any material breach,” as the appellant argues. Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: May 9, 2024, Case #: 11-22-00230-CV, Categories: damages, contract
J. Harris finds that the trial court properly awarded damages and attorney fees to a food distributor, and rejected a food supplier's motion for a new trial in a dispute over invoices for tortillas. The supplier claimed an inconsistent verdict but breach of contract and the implied covenant of good faith and fair dealing are independent causes of action so the jury could find bad faith without finding a breach of terms. And a jury could reasonably award damages based on the bad faith claim after finding that the elements of a contract claim aside from damages had not been met. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: May 9, 2024, Case #: 20220982-CA, Categories: damages, Attorney Fees, contract
J. Badding finds that a company was properly awarded liquidated damages after an employee sent herself the company's client list to her private email account before ending her professional relationship because the employee failed to present evidence that actual damages stemming from the breach would have been less than the stipulated amount of liquidated damages. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: May 8, 2024, Case #: 23-0796, Categories: Employment, damages, contract
J. Males finds a lower court properly dismissed a married couple's contract claims against a cruise company. The married couple argued that they are entitled to a refund after the cruise operators switched routes from Northwest passage of Canada to the west coast of Greenland, claiming that the "experience was hell." However, the cruise company sufficiently showed in court that the couple did not cancel plans when the route was modified. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Males, Filed On: April 26, 2024, Case #: CA-2023-623, Categories: damages, contract
J. Frimpong grants the Nevada corporations a default judgment of $1.3 million in damages for their complaint that the construction company's subcontractors did not complete the unfinished work left by non-party Icon Identity Solutions. The construction company's lack of participation in this litigation would prejudice the Nevada corporations without default judgment. Also, the Nevada corporations successfully plead that the subcontractors did not uphold their end of the parties' deal.
Court: USDC Central District of California, Judge: Frimpong, Filed On: April 26, 2024, Case #: 8:22cv30, NOS: Other Contract - Contract, Categories: damages, contract
J. Tijerina finds that the lower court properly ruled in favor of the city in this breach of contract case arising from an agreement to perform certain road improvements. On appeal, the construction companies contend that the evidence is insufficient to establish their breach of the contract. But the evidence showed a "failure to adhere to the progress schedule." Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: April 25, 2024, Case #: 13-22-00416-CV, Categories: Evidence, damages, contract
J. Wilson finds that the appellate division improperly dismissed a developer's claims seeking damages for breach of a redevelopment contract based on repudiation. The agreement to turn a single-room-occupancy hotel into a mixed-use residential/commercial building required that the site include some low-income housing, which was complicated by a subsequent court settlement mandating the addition of rent-stabilized units. Written notification stating the property owner could not agree to the latter as altering the parties' original contract supported allegations of anticipatory repudiation. Reversed in part.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: April 25, 2024, Case #: 30, Categories: damages, contract
J. Fischer finds that while the port authority is an arm of the state, it is not exempt or immune from being assessed prejudgment interest in the current case, where the developer obtained a judgment as a creditor for the port's breach of a development contract. Therefore, the case must be remanded for a proper calculation of interest. Reversed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: April 23, 2024, Case #: 2024-Ohio-1501, Categories: Government, damages, contract
J. Brown finds that the district court properly determined that a gas supplier breached its industrial gas supply contract with a chemical manufacturer and properly awarded $88 million in lost profits. The manufacturer's counsel maintained that he could prove to the jury that the damages claim for lost profits and cover damages were valued at $100 million, and the district court used the proper model for calculating damages. Further, the manufacturer shows that there were lost sales due to the breach of contract based on testimony and evidence. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: April 19, 2024, Case #: 2022-CA-0777, Categories: Energy, damages, contract