28 results for 'cat:"Contract" AND cat:"Technology"'.
J. Jones finds the district court improperly awarded more than $1.6 billion in contract and fraudulent inducement damages. The competing software companies entered into a licensing and outsourcing agreement authorizing IBM to use the other company's software. This led to AT&T, a customer of the other software company, entering into a relationship with IBM to replace its software. Though a certain non-displacement provision prevented IBM from displacing the other company's software with its own, the relevant phrase, “other valid business reasons,” allows for the displacement at AT&T’s request. Reversed.
Court: 5th Circuit, Judge: Jones , Filed On: April 30, 2024, Case #: 22-20463, Categories: Fraud, contract, technology
J. Rodriguez partially grants a subcontractor’s motion to dismiss after it was sued by a company that had contracted it for IT work, which said that the subcontractor did not have “the specialized knowledge to develop the IT system” as it claimed and had other irregularities in its work, including double billing and improper installation. While the hiring company can proceed with its lawsuit, it cannot bring claims under the Computer Fraud Abuse Act, as even under the suing company's version of events, the subcontractor “had at least some authorization to access the IT system at issue.”
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: April 23, 2024, Case #: 5:23cv1038, NOS: Other Contract - Contract, Categories: Negligence, contract, technology
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J. Nagala finds that pro se Chinese dissident’s claim against YouTube and Google, which demonetized his channel after the Chinese Communist Party allegedly hacked it, does not violate the terms of service agreement. The court converts to a motion for summary judgment.
Court: USDC Connecticut, Judge: Nagala, Filed On: March 28, 2024, Case #: 3:23cv513, NOS: Other Civil Rights - Civil Rights, Categories: Communications, contract, technology
J. Kahn enters default judgment against an Algerian-based company on claims that it failed to pay the litigant $8 million for technology-related services performed under an agreement originally formed in 2003. The court finds the claims timely and the foreign company’s actions were willful. The court awards the litigant an additional $18 million in interest, for a combined total of $26 million in damages.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: March 6, 2024, Case #: 5:17cv424, NOS: Other Contract - Contract, Categories: Damages, contract, technology
J. Andrews finds a lower court properly dismissed a member of a national lottery account's motion for summary judgment concerning an alleged win. The member argued that the gambling platform notified her that she won 1 million pounds before she clicked on platform's the "Finish" button, but then reduced the award to 10 pounds. However, the lottery platform sufficiently showed in court that the award was the result of a coding issue. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Andrews, Filed On: March 1, 2024, Case #: CA-2023-791, Categories: contract, technology
J. Wilson denies a global technology company’s motion for a preliminary injunction against a smaller tech firm, which it would like to prevent from taking business away from the larger company. The global company failed to show that, without the injunction, its reputation or ability to contract with other customers would be harmed.
Court: USDC Middle District of Pennsylvania, Judge: Wilson, Filed On: February 12, 2024, Case #: 1:23cv564, NOS: Other Contract - Contract, Categories: contract, technology
J. McCafferty partially grants a communication company’s motion to prevent the technology corporation Nokia from relying on the duty to mitigate as an affirmative defense at trial because Nokia failed to plead the duty to mitigate in its answer during a pretrial conference. Nokia may not “rely on the affirmative defense of the duty to mitigate at trial,” but it doesn’t have to exclude all evidence “that may be relevant to the duty to mitigate regardless of its relevance to other issues at trial.”
Court: USDC New Hampshire, Judge: McCafferty, Filed On: February 9, 2024, Case #: 1:20cv949, NOS: Other Contract - Contract, Categories: Communications, contract, technology
J. Dever denies a Spectrum customer’s motions to amend and for extension of time after the communications company opposed her motions to amend following the customer’s complaints about her Wi-Fi service. The customer, a “notorious pro se litigant,” argues that her internet service was not adequate and that she should not have to pay for it. Her claims are insufficient for breach of contract on the federal level, and the case is remanded for her state claims.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: January 8, 2024, Case #: 5:23cv408, NOS: Other Contract - Contract, Categories: Communications, contract, technology
J. Stiglich finds the district court improperly denied the computer code owner's special anti-SLAPP motion to dismiss. An industrial software developer says that computer code in the owner's possession belongs to it, being that it purchased the originator company of the code after the owner had invested in the originator to purchase the license. The special motion to dismiss requires the court to focus on the owner's communications rather than the form of the claims and the district court applied an incorrect standard in evaluating the claims. The CEO has demonstrated that the claims are based on good faith communications connected with issues of public concern. Reversed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: November 30, 2023, Case #: 84679, Categories: Anti-slapp, contract, technology
J. Higginbotham finds the district court properly upheld the chemical refinery facility builder's research tax deficiency resulting from its claim for a technology research tax credit. The builder contracted away all rights to its work product and it was not paid specifically for doing research. Affirmed.
Court: 5th Circuit, Judge: Higginbotham , Filed On: November 13, 2023, Case #: 22-30764, Categories: Tax, contract, technology
J. Wolf denies a software company’s motion to dismiss but grants its motion to transfer the lawsuit brought against it by those who intended to promote and sell, or buy and use, its software. The master services agreement between the parties mandates that the civil action be transferred to New York.
Court: USDC Massachusetts, Judge: Wolf, Filed On: September 29, 2023, Case #: 1:22cv10446, NOS: Other Fraud - Torts - Personal Property, Categories: Jurisdiction, contract, technology
J. Messitte denies a workforce management software developer's motion to dismiss allegations of fraud brought by a nonprofit that houses and cares for people with intellectual and developmental disabilities. In this second amended complaint, the nonprofit cites over two years of the developer courting and pressuring it to purchase its services, which promised to streamline its administrative processes. The nonprofit finally made the purchase for over $100,000 but almost immediately experienced multiple IT issues that took months to resolve. The nonprofit sufficiently argues that the developer fraudulently represented itself and preyed upon it as it knew the nonprofit was not very knowledgeable in the technology field.
Court: USDC Maryland, Judge: Messitte, Filed On: September 26, 2023, Case #: 1:22cv2728, NOS: Other Contract - Contract, Categories: Fraud, contract, technology
J. Youchah grants the gaming machine company's motion for leave to file counterclaim and third-party complaint in this breach of contract suit. The facts alleged are sufficient to overcome assertions that they are made solely to facially comply with a rule regarding joinder of parties. Because counterclaims asserted against the existing parties survive the challenge to the motion to amend, the relief sought complies with joinder rules. There are clear common questions of law and fact regarding commonality.
Court: USDC Nevada, Judge: Youchah , Filed On: September 25, 2023, Case #: 2:21cv1953, NOS: Other Contract - Contract, Categories: Due Process, contract, technology
J. McCafferty grants a company accusing two other companies of breach of contract and bad faith's motion to exclude parts of the accused company’s expert’s opinion, and partially grants the accused companies’ motion to exclude the accusing company’s experts’ opinions. The fact that one of the accusing company’s experts relied in part on information he received from the other does not make his opinion inadmissable. The accused companies’ expert “cannot opine about what ‘is expected of damages experts’ as that is the court’s function as gatekeeper and then the jury’s function as the ultimate finder of fact.”
Court: USDC New Hampshire, Judge: McCafferty, Filed On: August 31, 2023, Case #: 1:20cv949, NOS: Other Contract - Contract, Categories: Experts, contract, technology
J. Hummel partially grants a consulting firm’s motion to compel and orders the defendant IT services company to produce both an index that will help the litigant better understand how responsive a package of emails is to the litigant’s discovery requests, as well as an affidavit from its cloud-based email services provider to corroborate its claims that there is no backup or archival record of previously deleted email accounts and associated emails after the litigant subpoenaed the California Highway Patrol and received documents that suggested the defendant was withholding relevant emails.
Court: USDC Northern District of New York, Judge: Hummel, Filed On: August 9, 2023, Case #: 1:20cv508, NOS: Other Contract - Contract, Categories: Discovery, contract, technology
J. Silva denies the foundation’s motion for summary judgment in this dispute over royalties for intellectual property assigned to it by the pharmaceutical company as to its proprietary anesthetic. There is a genuine dispute over royalties owed on the product manufactured, as it is unclear whether the patent that the pharmaceutical company uses to manufacture the product is “related to” the patent that the foundation previously assigned to it.
Court: USDC Nevada, Judge: Silva, Filed On: August 8, 2023, Case #: 2:21cv2241, NOS: Other Contract - Contract, Categories: Health Care, contract, technology
J. Chun declines to dismiss the college students' claim that Amazon did not give them notice that its Rekognition program collected and stored their facial biometric data when they submitted their images to take multiple remote tests, as the colleges used online testing proctoring software through ProctorU. Amazon argues that it did not know of the biometric data in ProctorU's Amazon cloud-storage accounts and did not have control over that data, but the college students sufficiently allege that Amazon "can access and control their data to perform facial recognition using its Rekognition program."
Court: USDC Western District of Washington, Judge: Chun, Filed On: July 26, 2023, Case #: 2:22cv269, NOS: Other Contract - Contract, Categories: Privacy, contract, technology
J. Furman grants Audible's motion to preclude the testimony of the authors' damages expert in a class action over the deduction of royalties for audiobooks returned by customers long after they had been listened to in full. The authors cannot argue that every return is illegitimate, which dooms the expert's methodology, which does not incorporate any valid returns into his calculations.
Court: USDC Southern District of New York, Judge: Furman, Filed On: July 17, 2023, Case #: 1:21cv7059, NOS: Other Contract - Contract, Categories: Class Action, contract, technology
Per curiam, the Fifth Circuit finds the district court improperly awarded $431,608 in attorney fees to the wireless company in this contract dispute alleging that the company contracted with a competitor when the software company failed to deliver billing software on schedule. The court erred by using the total number of segregated hours rather than the total number of unsegregated hours in the base lodestar calculation, resulting in a double deduction. Reversed and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 19, 2023, Case #: 22-50254, Categories: Attorney Fees, contract, technology
J. Rovner finds that the lower court properly found for the insured in a business insurance coverage dispute related to an Illinois Biometric Information Privacy Act lawsuit against the insured. The language of a catch-all exclusion in the policy is ambiguous on its face, and therefore must be resolved in favor of the insured. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: June 15, 2023, Case #: 22-2313, Categories: Insurance, contract, technology
Per curiam, the Fifth Circuit finds the district court properly denied the chlor-alkali production equipment designer’s motion to compel arbitration with the manufacturing facility bringing breach of contract and warranty and redhibition claims. The designer included an arbitration provision in proposals and order acknowledgements, while the manufacturer’s purchase orders state that the designer agrees to jurisdiction in Louisiana or Kentucky. The communications show no agreement as to jurisdiction and neither term remains as part of the parties’ eventual contract. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 14, 2023, Case #: 21-30105, Categories: Arbitration, contract, technology
J. Casper denies, in part, a software company's motion to dismiss a healthcare company's claims related to a contract to develop electronic medical records. The healthcare company has sufficiently pleaded its claims for breach of contract and breach of the implied covenant
of good faith and fair dealing.
Court: USDC Massachusetts, Judge: Casper, Filed On: May 25, 2023, Case #: 1:22cv11212, NOS: Other Contract - Contract, Categories: Health Care, contract, technology