375 results for 'cat:"Civil Procedure" AND cat:"Contract"'.
Per curiam, the appellate division finds that the trial court properly declined to disqualify a law firm from representing plaintiff in debt collection and contract claims because the record does not indicate the firm's attorneys were involved in a substantially related lawsuit. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: CA 23-00199 , Categories: civil Procedure, 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
Per curiam, the appellate division finds that the lower court improperly dismissed a contract and negligent hiring suit filed by the family of a student against a teacher who bullied him on a school trip. A claim should be read liberally at this early stage in the proceedings, and the various theories were not necessarily duplicative of one another. For example, the cause alleging unjust enrichment was based on the parents' having paid fees for the school trip, which can be dismissed without affecting the negligent hiring charge. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02341, Categories: civil Procedure, Education, contract
J. Barrett finds the circuit court improperly found the romantic partner would be unjustly enriched. The homeowner added her partner's name to the deed of the house under the assumption the parties would be married. After the sale of the house, the partner claimed he was allowed to keep half of the net proceeds from the sale as a joint tenant. The owner made a gift to her partner when she placed his name on the deed. Though the owner regrets the decision, this is not a valid basis for setting aside a deed. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: May 1, 2024, Case #: CV-23-27, Categories: civil Procedure, Property, contract
Per curiam, the appellate division finds that the lower court properly declined to vacate a default on a real property contract and promissory note. Because the buyers failed to provide any reasonable excuse for their default or a good reason to be permitted to grant a late answer, their action fails. There is also no evidence to support the claim that the summons and complaint were too hidden in the packet of documents delivered to the buyers to be read in a timely manner. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02338, Categories: civil Procedure, contract
J. Borden denies, in part, a sellers’ motion for judgment on the breach of contract pleadings in this real estate purchase dispute against the buyers who counterclaims for breach of contract, misrepresentation and suppression. Both parties agree they entered a valid agreement to sell and purchase the property. The sellers argue the buyers failing to close by the date agreed was a breach the contract. The buyers argue the sellers refusing to terminate the agreement and return their money was breach of contract, misrepresentation and suppression. As for the breach of contract claims, there are questions of fact concerning whether the buyers contacted the sellers to discuss termination. The buyers’ misrepresentation and suppression counterclaims fail as a matter of law; constructive knowledge precludes their claims.
Court: USDC Northern District of Alabama , Judge: Borden, Filed On: May 1, 2024, Case #: 6:23cv888, NOS: All Other Real Property - Real Property, Categories: civil Procedure, Property, contract
J. Cole denies, in part, the payroll company's motion to dismiss, ruling that while the previous state court lawsuit filed by the trucking company involved the same parties and issues, its dismissal was not a decision on the merits that would preclude the trucking company from filing this federal lawsuit. However, because the unjust enrichment claim is based on the same conduct as the contract claim and is governed exclusively by the terms of the contract, it must be dismissed as duplicative.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: April 30, 2024, Case #: 1:23cv655, NOS: Other Contract - Contract, Categories: civil Procedure, contract
J. Beetlestone denies, in part, a cultured meat bioreactor equipment maker’s motion for a declaratory judgment in this case against a plant-based food company over failure of payment. The maker does not argue that the declaratory judgment it seeks, that the parties never actually entered into certain amendments in the contract, would “terminate the uncertainty or controversy” around the relevant issue.
Court: USDC Eastern District of Pennsylvania, Judge: Beetlestone, Filed On: April 30, 2024, Case #: 5:23cv1091, NOS: Other Contract - Contract, Categories: civil Procedure, contract
J. Perez finds that the district court improperly dismissed claims seeking to recover losses from the purchase of residential mortgage-backed securities related to 56 trusts administered by two U.S. banks. The investor was contractually barred from bringing claims against trusts with "no action clauses" without complying with pre-suit obligations, but this requirement must be weighed when parties with likely conflicts of interest are involved. On remand, a closer look must be made into whether pre-suit demands would be futile.
Court: 2nd Circuit, Judge: Perez, Filed On: April 30, 2024, Case #: 22-854, Categories: civil Procedure, Securities, contract
J. Hall grants the insureds' motion to exclude certain costs from the insurer's bill of costs after a ruling in the insurer's favor was entered in a breach of contract action. Costs for e-discovery processing, data hosting fees, vendor research, postage, copying and document loading fees are not taxable. The clerk is ordered to tax costs in the amount of $883 against the insureds.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: April 26, 2024, Case #: 1:21cv19, NOS: Insurance - Contract, Categories: civil Procedure, contract
J. Poissant finds that the trial court improperly dismissed for want of prosecution the subcontractor's suit over unpaid services. The subcontractor gave a reasonable explanation of his counsel's failure to appear at the status conference, so the motion to reinstate should have been granted. Reversed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: April 23, 2024, Case #: 14-23-00059-CV, Categories: civil Procedure, contract
J. Fox finds the lower court erroneously granted the insurers' motions for summary judgment based on the policyholder's noncompliance with policy requirements. The insurers each failed to provide in writing the specific medical records needed to process his claim and also failed to give him the statutorily required 60 days to correct any defects in the records he did provide. Reversed.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: April 18, 2024, Case #: 2024COA40, Categories: civil Procedure, Insurance, contract
Per curiam, the appellate division finds that the lower court improperly consolidated the creditor's 2016 breach of contract action against the borrower with its 2022 fraudulent conveyance action. It is inappropriate to consolidate a lawsuit sounding in contract with one sounding in tort, and the fraudulent conveyance claim will be moot if the creditor fails to win the breach of contract action. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 02086, Categories: civil Procedure, Fraud, contract
J. Longoria finds that the lower court properly determined that Louisiana law applies to the validity of the premarital agreement at issue in this divorce case. The parties were married in Louisiana and purportedly signed the agreement pursuant to the Louisiana Civil Code. On appeal, the wife contends that the lower court erred in finding that "Texas does not have an explicit choice of law directive" as it relates to the purported agreement, but there is no supporting case law for her position. Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: April 18, 2024, Case #: 13-22-00449-CV, Categories: civil Procedure, Family Law, contract
J. Contreras grants the appellant's motion for rehearing and replaces the prior opinion with the current opinion, holding that the lower court properly granted the appellee's motion to dismiss this breach of contract lawsuit pursuant to Rule 91a. The court concludes that "attorney immunity applies" to the case, meaning the claim had no basis in law. The judgment is modified, however, as to the award of attorney fees. Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: April 18, 2024, Case #: 13-23-00122-CV, Categories: civil Procedure, Attorney Fees, contract
J. Cradle finds the trial court properly awarded judgment in favor of a vehicle dealership for claims of breach of contract, fraud and Connecticut Unfair Trade Practices Act violations brought by a property management company and its managing member and a family member. The managing member and family friend fails to establish a burden of proof for all claims, failed to cite any case law or make an argument for an amendment. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: April 15, 2024, Case #: AC45867, Categories: civil Procedure, Fraud, contract
J. Lioi grants, in part, State Farm's motion for judgment on the pleadings, ruling any cause of action limited by the one-year filing limitation in the homeowners' insurance policy must be dismissed for the homeowners' failure to file suit within one year of the storm that caused water intrusion and property damage, as State Farm did not waive the limitation.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: April 8, 2024, Case #: 5:23cv1124, NOS: Insurance - Contract, Categories: civil Procedure, Insurance, contract
J. Lohier finds that the district court properly dismissed a trust's request for relief in the form of a declaration that a life insurance policy remained in effect after assignment and purported reassignment for lack of contractual standing to sue under New York law because the trust failed to notify the insurer that the policy had been reassigned to the trust by the policyholder. Affirmed.
Court: 2nd Circuit, Judge: Lohier, Filed On: April 5, 2024, Case #: 19-87-cv, Categories: civil Procedure, Insurance, contract