8 results for 'cat:"Civil Procedure" AND cat:"Negligence" AND cat:"Contract"'.
J. Tipton grants a senior living facility operator leave to amend their negligence complaint against its air conditioning subconsultant. Given the newly discovered evidence, amending the complaint would be important for proper proceedings, and would not prejudice the consultant’s case. Moreover, both parties have the time to delay the case for the amendment.
Court: USDC Southern District of Texas, Judge: Tipton, Filed On: September 18, 2024, Case #: 4:22cv218, NOS: Other Contract - Contract, Categories: civil Procedure, negligence, contract
J. Holmes denies the defendant company's motion for partial summary judgment in this breach of contract lawsuit arising from an equipment purchasing agreement. The defendant company, which designs and manufactures equipment for industrial groups, seeks to limit the plaintiff's claims to those arising from an amendment to the contract. However, the amendment did not absolve the manufacturer "from its continuing obligations" under the initial agreement.
Court: USDC Eastern District of Oklahoma, Judge: Holmes, Filed On: August 15, 2024, Case #: 6:22cv150, NOS: Other Contract - Contract, Categories: civil Procedure, negligence, contract
J. Reiss grants Ben and Jerry’s motion to dismiss a class of consumers’ amended complaint alleging they were misled to believe its ice cream did not involve migrant child labor in the supply chain. The consumers bring multiple causes of action, such as violations of various state laws, breach of warranty and unjust enrichment. They failed to establish a standing based on a concrete and particularized injury for economic harm. Therefore, the consumers may amend the complaint to address the deficiencies in their standing argument.
Court: USDC Vermont, Judge: Reiss, Filed On: July 8, 2024, Case #: 2:23cv299, NOS: Other Contract - Contract, Categories: civil Procedure, negligence, contract
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Per curiam, the court of appeal finds that the trial court improperly dismissed as untimely professional malpractice claims contending a business broker failed to disclose information regarding the financial health of the business since the court failed to consider whether "privity of contract" existed between the parties. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 29, 2024, Case #: 4D2023-0418, Categories: civil Procedure, negligence, contract
J. Schlegel finds that the trial court properly determined that a condominium owner's claims against the attorneys who represented the condominium association in a prior case had prescribed. The condominium owner's claims do not arise from alleged legal malpractice but are based on negligence or intentional torts. Therefore, the peremptive period for legal malpractice claims does not apply. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: November 29, 2023, Case #: 23-CA-118, Categories: civil Procedure, negligence, contract