4,556 results for 'cat:"Contract"'.
J. Davis finds that the trial court ruled properly in favor of the group of homeowners in this complaint brought by one neighbor who challenged the validity of an amended restrictive covenant for the community. The amended covenant was voted on by the majority of the homeowners and is valid. Affirmed.
Court: Tennessee Court of Appeals, Judge: Davis, Filed On: May 3, 2024, Case #: E2023-00173-COA-R3-CV, Categories: contract
Per curiam, the appeals court finds the trial court improperly dismissed with prejudice the county's breach of contract lawsuit against the county fair association alleging the latter's failure to redevelop real estate where an annual county fair would be held since leasing the land in 1964. The county's amended complaint sufficiently alleges a "continuing breach" of the parties' contract such that the relevant five-year statute of limitations does not apply. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 3, 2024, Case #: 23-1060, Categories: Real Estate, contract
J. Hernandez grants the bank's motion for claim and delivery for its complaint that the transportation company owes the bank $277,000 on three defaulted loan agreements. The transportation company and its owner did not return the collateral to date and the transportation company continues to utilize the loans' collateral to carry goods throughout the United States, so the transportation company's conduct places the three units of uncovered collateral in danger of concealment or removal from Oregon.
Court: USDC Oregon, Judge: Hernandez, Filed On: May 2, 2024, Case #: 3:23cv1221, NOS: Other Contract - Contract, Categories: contract
J. Wright finds the trial court properly entered summary judgment in favor of the wind turbine manufacturer. The dock worker fell from a man basket while unloading turbine blades from a ship and claims the manufacturer's negligent right of control over the details of the work led to his injury. The contract established that the worker's employer was an independent contractor on the jobsite. The worker failed to meet his burden to establish that the manufacturer controlled or had the right to control the work he was performing. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: May 2, 2024, Case #: 09-21-00177-CV, Categories: Tort, Negligence, contract
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J. Grey grants Blue Cross' motion to compel production of Express Scripts' financial projections in claims contending Express Scripts failed to pay guaranteed pharmaceutical rebates for brand name drugs and medical equipment because these documents could reflect whether the company had accounted for contested rebates in bidding for the contract and if the company intended to provide those rebates.
Court: USDC Eastern District of Michigan, Judge: Grey, Filed On: May 2, 2024, Case #: 2:23cv11213, NOS: Other Contract - Contract, Categories: Discovery, contract
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. Marcel finds that a public works bid was properly awarded to a construction company for the school board's project. In this case, the check included by the construction company with its bid submission is a cashier’s check and was submitted both electronically as part of its bid and physically delivered to the school board. A cashier's check is a check drawn by a bank upon itself and is considered accepted by the bank upon issuance. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcel , Filed On: May 1, 2024, Case #: 24-C-183, Categories: Construction, contract
J. Stickman grants a restaurant chain’s motion for summary judgement concerning the class action claims, including unfair enrichment and breach of contract, brought by customers during a nationwide change shortage. The evidence shows modifications and waivers to the purchase-and-sale agreement were made. The customers had the opportunity to withdraw from their purchase but decided to follow through after purposely going to the restaurant to be shortchanged.
Court: USDC Western District of Pennsylvania, Judge: Stickman, Filed On: May 1, 2024, Case #: 2:20cv1448, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Fraud, Consumer Law, contract
J. Flanagan grants a generator production company’s partial dismissal in this product liability class action brought by an ice cream truck driver who was chemically burned when the truck’s gasoline tank malfunctioned. The driver argues the company knew the tanks were faulty, claiming fraud by omission. Because the driver fails to give sufficient information as to when the company supposedly began hiding this information, and because he does not point to any specific way that the company tried to hide information, this part of his claim fails.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: May 1, 2024, Case #: 7:23cv1329, NOS: Other Contract - Contract, Categories: Fraud, Product Liability, 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
J. Prost finds that the district court improperly dismissed patent claims for lack of standing because the company retained an interest in the patent through the security agreement. Reversed.
Court: Federal Circuit, Judge: Prost, Filed On: May 1, 2024, Case #: 2022-2207, Categories: Patent, 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. Bashant rules that a medical product solutions company may pursue fraudulent inducement claims against a diagnostic testing service. The medical product solutions company sufficiently alleges that the diagnostic testing service entered into a separate agreement with a third party to sell its products without remitting a portion of the revenues.
Court: USDC Southern District of California, Judge: Bashant, Filed On: May 1, 2024, Case #: 3:22cv785, NOS: Other Contract - Contract, Categories: contract
J. Davis finds for the U.S. in this post-award bid protest concerning a contract to provide administrative support to FEMA because the agency's conclusions supported its determination.
Court: Court of Federal Claims, Judge: Davis, Filed On: May 1, 2024, Case #: 23-2194, Categories: contract
J. Rossman vacates in part an award of attorney fees in an underlying class action over underpaid oil and gas royalties. The class in question did not get proper notice of the original 2018 motion for attorney fees, so fees related to that are vacated until a class-wide notice has been released and a new objection period to the fees can begin. Vacated in part.
Court: 10th Circuit, Judge: Rossman, Filed On: May 1, 2024, Case #: 22-6125, Categories: Attorney Fees, Class Action, contract
J. Cole grants, in part, the insurer's motion for judgment on the pleadings, ruling the policyholder's failure to include in its complaint an allegation that it complied with occurrence notice provisions in the life insurance policy renders its contract claim defective; therefore, the complaint will be dismissed.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: May 1, 2024, Case #: 1:23cv407, NOS: Insurance - Contract, Categories: Insurance, contract
J. Grant finds that the district court improperly dismissed the company's breach of contract and trade secrets action against the ex-employee and the competitor arising after they allegedly stole trade secrets about the company's government contract to improve the competitor's bid for the same contract. The company and the competitor are both tribally-owned businesses. Since the competitor's alleged misconduct is related to its participation in the business development program, the company's trade secrets claims fall under the scope of the competitor's sovereign immunity waiver. The district court incorrectly failed to consider the enforceability of the forum selection clause naming an allegedly nonexistent tribal court as the proper forum before dismissing the breach of contract claim against the ex-employee. Reversed.
Court: 11th Circuit, Judge: Grant, Filed On: May 1, 2024, Case #: 22-12669, Categories: Trade Secrets, contract
J. Immergut dismisses the project developers' complaint alleging that the general contractor outsourced work for the project but still accepted the project developers' funds. The project developers do not adequately allege that the general contractor's owners made any material misrepresentations.
Court: USDC Oregon, Judge: Immergut, Filed On: May 1, 2024, Case #: 3:24cv151, NOS: Other Contract - Contract, Categories: contract