272 results for 'cat:"Jurisdiction" AND cat:"Contract"'.
J. Dyk finds that Court of Federal Claims ruled improperly in part in dismissing this claim brought by the mint delivery company against the U.S. Mint for not paying them for coins delivered to a foundry and melted down to make new coins. The court erred in determining it lacked jurisdiction over the breach of contract claim. Reversed in part.
Court: Federal Circuit, Judge: Dyk, Filed On: May 30, 2024, Case #: 22-2154, Categories: Government, jurisdiction, contract
J. Davis denies the physician's assistant's motion to remand to a state court. The assistant seeks a declaratory judgment that an employment agreement from 2020 is not enforceable as a contract because the parties didn't complete the contract process. The assistant argues the case belongs in state court because the employers have not satisfied the amount-in-controversy requirement for diversity jurisdiction. But after the issuance of such a declaration the assistant would be legally permitted to compete for and personally collect hundreds of thousands of dollars in revenue that was previously collected by her employers. These facts sufficiently demonstrate an amount-in-controversy of well over $75,000.'
Court: USDC Eastern District of Virginia, Judge: Davis, Filed On: May 30, 2024, Case #: 2:24cv249, NOS: Other Contract - Contract, Categories: Interference With contract, jurisdiction, contract
J. Werlein finds that a wholesale discount clothing vendor whose email and telecommunication systems were hacked, allowing a purchaser to submit payment for a clothing order to a hacker’s account, is not under the jurisdiction of the court. The purchaser, who seeks compensation for lost funds, has not met the requirements for personal jurisdiction. The purchaser’s claims are dismissed without prejudice.
Court: USDC Southern District of Texas, Judge: Werlein, Filed On: May 24, 2024, Case #: 4:23cv2894, NOS: Other Contract - Contract, Categories: jurisdiction, contract
J. Smith dismisses a fraud and contract complaint brought by a electronic payment processor against competing payment processors and others over residual payments. The court does not have jurisdiction over several parties, who have minimal contact with Hawaii, and the suing processor did not establish how many of the defendants are alter egos of one another. Further, the claims against the defendants who are in Hawaii’s jurisdiction do not survive because the contract does not establish the defendant processors are liable for payments following the sale of the company to a third party.
Court: USDC Hawaii, Judge: Smith, Filed On: May 22, 2024, Case #: 1:23cv438, NOS: Other Contract - Contract, Categories: jurisdiction, 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. Nugent grants the subsidiaries' motion to dismiss for lack of jurisdiction, ruling that because the employee seeks only her share of profits from the development of various pieces of real estate, rather than the title to any of the properties, she has standing only to sue the parent company, her former employer.
Court: USDC Northern District of Ohio, Judge: Nugent, Filed On: May 21, 2024, Case #: 1:23cv1317, NOS: Other Contract - Contract, Categories: Fiduciary Duty, jurisdiction, contract
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. Carlyle finds that the lower court properly granted the special appearance in this lawsuit asserting a claim for tortious interference with contract after the appellee company allegedly hired one of the appellant's employees. The court rejects the appellant's argument that the appellee company, which operates principally in Michigan, consented to general jurisdiction in Texas "by registering to do business here." The registration statutes do not specifically indicate that "complying with them would subject a business to personal jurisdiction." Also, the employee at issue lives and works in Arizona, and his contract was executed under Michigan law. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: May 16, 2024, Case #: 05-23-00921-CV, Categories: Interference With contract, jurisdiction, Business Practices
J. Pratter grants a property seller’s motion to dismiss a buyer’s conspiracy suit for failure to establish a conspiracy claim in a property transfer dispute. The matter at hand involves just a $2,000 sum, so this is a matter for a state court, not this federal court.
Court: USDC Eastern District of Pennsylvania, Judge: Pratter, Filed On: May 15, 2024, Case #: 2:23cv1188, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Property, jurisdiction, contract
J. Baker finds that the trial court properly determined that it lacked personal jurisdiction over a Brazilian living in Brazil who was sued for breaching a contract with a Montana plaintiff and his company. The only connection to Montana is the plaintiff and his company since the Brazilian did not seek the application of Montana law and the dispute did not arise from his actions in Montana. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: May 14, 2024, Case #: DA 23-0294, Categories: jurisdiction, contract
J. Wilson dismisses the appeal for lack of jurisdiction. The contractor failed to deliver three glacial pool coolers for use at the Naval Diving and Salvage Training Center in Panama City, FL and the Navy terminated the contract. The record shows that the Navy notified the contractor of the termination. The contractor admits it received notice of the termination, though it did not file its appeal with the board until 12 days after the 90-day window.
Court: Armed Services Board Of Contract Appeals, Judge: Wilson, Filed On: May 13, 2024, Case #: 63743, Categories: jurisdiction, Military, contract
J. Wilson finds that the trial court improperly dismissed the lender's breach of contract claim for lack of standing. The lender alleged sufficient facts to show standing on the claim for an unpaid loan against the individual accused of misdirecting the funds "for the benefit of a different religious community." Reversed in part.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: May 9, 2024, Case #: 14-23-00131-CV, Categories: jurisdiction, contract
J. Fitzwater finds that a medical center that terminated contracts with two billing agencies for discrepancies and non-performance can join one of the billing agencies as an additional defendant in a suit that the medical center filed after they were sued by the other billing agency for premature termination of the contract. The joiner of the second defendant will defeat diversity jurisdiction, but the medical center has shown that their request to join a defendant is not undertaken solely to defeat diversity. When the medical center filed the suit, they already had a separate claim against the second billing agency, so they did not add the second agency as a defendant at that point. The case is remanded to the state court.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: May 8, 2024, Case #: 3:23cv2523, NOS: Other Contract - Contract, Categories: jurisdiction, contract
J. Ellison finds that an employee and stockholder who seeks recission of an inapplicable joinder agreement he mistakenly signed as part of a packet of documents for a required sale of his stock due to a merger shall honor portions of the merger agreement calling for disputes to be governed by the Delaware Court of Chancery or the United States District Court of Delaware. The employer’s motion to dismiss is granted.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: May 3, 2024, Case #: 4:23cv4290, NOS: Other Contract - Contract, Categories: jurisdiction, contract
J. Gallagher finds the lower court properly denied the pizza restaurant's motion to vacate an arbitration award in favor of the Cleveland Browns. Although the restaurant couches its argument in jurisdictional terms, it is merely an attempt to raise claims about the validity of the arbitration award it failed to bring in a direct appeal. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: May 2, 2024, Case #: 2024-Ohio-1686, Categories: Arbitration, jurisdiction, contract
J. Castner transfers this case, in which a laboratory claims that health care organizations failed to pay for completed test orders including Covid-19 tests. The health care organizations are based in Texas and, while federal jurisdiction is appropriate, the New Jersey district court lacks personal jurisdiction. The case is transferred to the Southern District of Texas.
Court: USDC New Jersey, Judge: Castner, Filed On: April 30, 2024, Case #: 4:24cv1642, NOS: Other Contract - Contract, Categories: Health Care, jurisdiction, contract
J. Doughty grants a request by the former wife of a businessman whose two brothers and a national baby products manufacturer sued his former spouse for breach of contract and unjust enrichment related to the couple's alleged failure to reimburse to the Louisiana-based company a total of $1.7 million for unauthorized personal expenses on company credit cards. The two brothers and the baby products-maker have not made a clear showing of minimum contacts to the state sufficient to hale their brother's ex-wife into a Louisiana court. The former spouse says she is domiciled in Florida and she was never party to a contract in Louisiana.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: April 26, 2024, Case #: 3:23cv452, NOS: Other Contract - Contract, Categories: jurisdiction, contract
J. Pulliam denies a franchisee’s motion to dismiss after he and his company were sued by a franchisor in a contract dispute. While that franchisee argues that this court lacks jurisdiction, he is “closely related to the dispute” and therefore “bound by the forum selection clause contained within the Franchise Agreement,” which specifies that either the Western District of Texas or Travis County state court will be the forum for any contract disputes.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: April 25, 2024, Case #: 5:23cv1531, NOS: Other Contract - Contract, Categories: jurisdiction, Venue, contract
J. Gladwin dismisses the farm’s appeal of the circuit court’s denial of its petition to discharge the excavator’s lien. The excavator filed the lien for $671,000 for nonpayment after the farm sold its property during a construction project it contracted for with the excavator. The excavator gave proper notice and the court correctly denied discharge of the lien, retaining jurisdiction. The farm filed a notice of interlocutory appeal and a motion to reconsider on the same day. The circuit court did not issue a ruling on the motion to reconsider. The appeals court has no jurisdiction for lack of a final order.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: April 24, 2024, Case #: CV-22-608, Categories: Construction, jurisdiction, contract
J. Arterburn finds the district court improperly dismissed the swimming pool owner's breach of contract suit. The owner did not sign the third page of the pool remodel contract, which included the forum selection clause, and the court did not consider evidence relevant to whether an exception barred the clause's enforcement. Reversed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: April 23, 2024, Case #: A-23-572, Categories: Evidence, jurisdiction, contract
J. Longoria finds that the lower court improperly denied the city's plea to the jurisdiction in this breach of contract lawsuit stemming from a concert held in the city. The city contends that the "evidence affirmatively negates jurisdiction," based on the verbal contracts alleged by the promoters. The court agrees that they do not establish a waiver of governmental immunity. Reversed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: April 18, 2024, Case #: 13-23-00120-CV, Categories: Immunity, jurisdiction, contract
J. Lucas finds that the trial court improperly denied a pharmacy's motion to arbitrate contract claims in California because the section of the Federal Arbitration Act that authorizes federal district courts to compel arbitration in civil actions does not bar states from doing so under their own jurisdiction. Reversed.
Court: Florida Courts Of Appeal, Judge: Lucas, Filed On: April 17, 2024, Case #: 2D2023-0096, Categories: Arbitration, jurisdiction, contract