49 results for 'cat:"Covid-19" AND cat:"Contract"'.
J. Bourliot finds that the trial court properly ruled in favor of the individual on claims of breach of a partnership agreement against her former partners relating to a venture to sell personal protective equipment during the Covid-19 pandemic. The former partners' arguments regarding the breach of the partnership agreement claim lack merit. Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: May 2, 2024, Case #: 14-21-00558-CV, Categories: Partnerships, covid-19, contract
J. Blacklock finds that the Pandemic Liability Protection Act can be retroactively applied to the student’s claims stemming from Southern Methodist University moving to online classes during the Covid-19 pandemic. The student has not shown that "he had a reasonable and settled expectation that he could recovery money damages from SMU if the government forcibly shut down the campus and gave the school only the option" of moving to online classes.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: April 26, 2024, Case #: 23-0565, Categories: Education, covid-19, contract
Per curiam, the appellate division finds that the lower court properly found for the insurer in a suit seeking damages for business losses due to the store's inability to use its premises during the Covid-19 pandemic. The store cannot show that a physical loss occurred in order to trigger coverage under the policy. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 02091, Categories: Insurance, covid-19, contract
J. Mahan denies the insurer's motion for summary judgment. The gaming facility brought this claim for breach of contract after the insurer denied coverage for cleanup following the Covid-19 pandemic. Coverage was denied due to there being no actual physical loss. There is a genuine dispute of material fact regarding whether a physical loss occurred or any of the policy exclusions or provisions apply.
Court: USDC Nevada, Judge: Mahan , Filed On: March 29, 2024, Case #: 2:20cv965, NOS: Insurance - Contract, Categories: Insurance, covid-19, contract
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J. Keenan finds the lower court improperly granted class certification to the massage parlors. The parlors lost money during the pandemic when they were closed to avoid the spread of COVID-19. To receive insurance benefits, the parlors would have had to suffer from physical material destruction or material harm to their business. Reversed.
Court: 4th Circuit, Judge: Keenan, Filed On: March 8, 2024, Case #: 22-1853, Categories: Insurance, covid-19, contract
J. Viramontes finds that the trial court properly rejected an event promoter's claim that the force majeure provision in a booking contract required musical artists to refund deposits they received before the Covid-19 pandemic and related government restrictions forced the event's cancellation. The pandemic and the cancellation met two requirements for a refund under the force majeure provision, but the provision provides an exception where the artists keep the deposits if they were "ready, willing, and able to perform" despite a force majeure event. Affirmed.
Court: California Courts Of Appeal, Judge: Viramontes, Filed On: March 6, 2024, Case #: B323977, Categories: covid-19, contract
[Consolidated.] J. Petrou holds that that the trial court properly granted summary judgment to the University of San Francisco on the students' claims that it should refund tuition for suspending in-person instruction during the Covid-19 pandemic. The students failed to show the university had promised through either an express or implied contract to provide in-person instruction in all circumstances, including a health and safety emergency. Affirmed.
Court: California Courts Of Appeal, Judge: Petrou, Filed On: February 29, 2024, Case #: A165976, Categories: Education, covid-19, contract
[Consolidated.] J. Rao vacates the National Labor Relations Board's conclusion that a medical transport company's refusal to fulfill information requests from its union during the Covid-19 pandemic violated the duty to bargain. The company was not required to fulfill the requests under its collective bargaining agreement with the union. Vacated.
Court: DC Circuit, Judge: Rao, Filed On: February 16, 2024, Case #: 22-1261 , Categories: covid-19, contract, Labor / Unions
J. Benton finds a lower court properly dismissed a city's claims for insurance coverage against an insurer. The city argued that it suffered loss of tax revenues during the Covid-19 mandated closures. However, the insurance company sufficiently showed in court that it provided coverage for direct physical business losses, and not the side effects of the pandemic. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: February 12, 2024, Case #: 23-1701, Categories: Insurance, covid-19, contract
[Consolidated.] J. Mcilmail finds the contractor is entitled to the cost of increased Covid-19-related medical leave occurring during performance of its contract for airport maintenance services at a naval air station. The contractor experienced an increase in applicable fringe benefits in the form of increased paid time off required under California law related to the Covid-19 pandemic and the Navy’s 14-day quarantine policy.
Court: Armed Services Board Of Contract Appeals, Judge: Mcilmail, Filed On: February 5, 2024, Case #: 63250, Categories: Government, covid-19, contract
J. Aenlle-Rocha denies the PPE company summary judgment against the contract claim in the distribution service's lawsuit asserting that the PPE company must pay for one million KN95 face masks delivered during the Covid-19 pandemic, which were destroyed in a warehouse fire while the parties argued over the shipping method. The PPE company argues that the order was invalid because it did not contain material terms besides the quantity, description and price per mask, but there is currently no evidence that negates the parties' intent to enter the agreement. Until such evidence arises, the purchase order qualifies as a binding agreement.
Court: USDC Central District of California, Judge: Aenlle-Rocha, Filed On: February 2, 2024, Case #: 2:20cv8369, NOS: Other Contract - Contract, Categories: Evidence, covid-19, contract
J. Joseph denies a request by the purchaser of 500 million 3M masks to vacate a final arbitration award to the manufacturer of $44,000 in breach of contract damages, plus attorney fees totaling $680,000. The purchaser had sufficient notice of the arbitration proceedings and was not denied due process.
Court: USDC Western District of Tennessee , Judge: Joseph, Filed On: January 24, 2024, Case #: 6:23cv1021, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, covid-19, contract
J. Stiglich denies the board of regent's petition for a writ of mandamus, which seeks to preclude the district court's exercise of jurisdiction over the students' breach of contract and unjust enrichment claims arising from the board's changing of in-person classes to online classes during the Covid-19 pandemic. The district court denied the board's motion to dismiss, emphasizing that though its findings were not conclusive, the students' pleadings were sufficient to defeat the motion pending further discovery.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: December 22, 2023, Case #: 84859, Categories: Education, covid-19, contract
J. Immergut grants the finance company's motion to enforce the settlement agreement arising from the apartment building seeking declaratory judgment that it is not in default under the loan documents after it submitted a request for loan forbearance related to the Covid-19 pandemic and then gave the apartment building a reinstatement offer with more fees attached. The eight essential terms of the settlement are enforceable as of Aug. 18, 2023, because the contingent language makes the parties' original intent to be bound to the agreement clear, and the apartment building does not present any applicable cases that would support its argument that it is not bound to the agreement.
Court: USDC Oregon, Judge: Immergut, Filed On: December 11, 2023, Case #: 3:21cv569, NOS: Other Contract - Contract, Categories: Settlements, covid-19, contract
J. Carney finds that the district court properly dismissed claims alleging breach of contract and deceptive business practices after a college moved classes online for a performing arts graduate student, and postponed staging his play, due to the Covid-19 pandemic because the student failed to allege a specific promise of in-person instruction under New York law, and the college course catalog listed its right to reschedule courses or assignments in the event of unforeseen circumstances. Affirmed.
Court: 2nd Circuit, Judge: Carney, Filed On: December 8, 2023, Case #: 21-1377, Categories: Education, covid-19, contract
J. Flanagan grants Florida’s Division of Emergency Management’s motion to stay proceedings until the settlement of its underlying appeal of a denial of its sovereign immunity in a contract dispute involving the purchase of Covid-19 tests. A staffing firm argues that the division breached the parties’ contract and that its appeal is frivolous. However, this is incorrect because the firm cannot apply the same argument regarding the underlying merits of the division’s original defense to a sovereign immunity appeal.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: November 21, 2023, Case #: 5:23cv69, NOS: Other Contract - Contract, Categories: Immunity, covid-19, contract
J. Stiglich finds the trial court properly granted the property owner summary judgment in this suit brought by the renter who attempted to terminate its lease due to operating issues stemming from Covid-19 lockdowns. The owner filed a properly supported motion establishing the renter’s default. The renter failed to offer evidence in opposition. Covid restrictions do not excuse nonperformance. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich, Filed On: November 9, 2023, Case #: 84808, Categories: Property, covid-19, contract
J. Snowden finds a lower court properly ruled in favor of an investor on fraudulent misrepresentation claims against a rapid Covid-19 manufacturer. The Covid-19 testing manufacturer argued that it properly solicited millions in funding from the investor, and that one of its customers was the Department of Health and Social Care. However, the investor sufficiently showed in court that the manufacturer engaged in unlawful means by boosting product sales and revenues. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Snowden, Filed On: October 9, 2023, Case #: CA-2023-707, Categories: Fraud, covid-19, contract
J. Copenhaver grants the law firm's motion for summary judgment in the medical supply company's breach of contract suit against it and their client - a medical products distributor - for unauthorized disbursement of the lion's share of a $364,000 cashier's check that was to be held in escrow for payment of personal protective equipment. There is no genuine issue of material fact that the contract was between the company and the distributor, and the law firm was only acting as the distributor's agent.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: October 5, 2023, Case #: 2:21cv400, NOS: Other Contract - Contract, Categories: Business Practices, covid-19, contract
J. Hall rules in favor of the insurer in a breach of contract and declaratory judgment action brought by the insureds in a dispute arising out of two policies issued to the insureds before and during the Covid-19 pandemic. The insureds alleged that sub-limits for communicable disease provisions in the policies apply on a per-location basis rather than globally. The policy sub-limits unambiguously apply globally and the insurer has paid out the maximum amount of coverage due under the policies.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: September 28, 2023, Case #: 1:21cv19, NOS: Insurance - Contract, Categories: Insurance, covid-19, contract
J. Campbell grants the plaintiff company's motion for summary judgment in this contract dispute involving a planned event at the defendant's hotel. The company terminated the agreement, under which the hotel was to hold a block of rooms, and the hotel subsequently sent the company an invoice for liquidated damages. The company's "reliance on the force majeure provision" of the parties' agreement was valid, as there were ongoing restrictions related to Covid-19 at the time of the planned event.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: September 26, 2023, Case #: 3:21cv810, NOS: Other Contract - Contract, Categories: covid-19, contract
J. Kness denies an Illinois college's motion to dismiss a contract class action brought by a student who claims the college shutting down in-person classes amid the Covid-19 pandemic violated the school's contractual responsibility to provide students with an education. The student seeks a partial refund of tuition and fees for in-person services she did not receive. The student plausibly alleges the existence of an implied contract that the college breached when it changed its practices in response to the pandemic.
Court: USDC Northern District of Illinois, Judge: Kness, Filed On: September 18, 2023, Case #: 1:20cv5229, NOS: Other Contract - Contract, Categories: covid-19, Class Action, contract
J. Bybee finds that the district court improperly dismissed a commercial property landlord's complaint alleging that the County of Los Angeles’ 2020 eviction moratorium, enacted for the outbreak of Covid-19, violated his rights under the Contracts Clause of the United States Constitution. The moratorium provided tenants with an affirmative defense against eviction if they gave monthly notice to the landlord that they were unable to pay rent. Those allegations were sufficient to plead an injury in fact. Reversed.
Court: 9th Circuit, Judge: Bybee, Filed On: August 30, 2023, Case #: 22-55480, Categories: Landlord Tenant, covid-19, contract
J. Inos finds the trial properly found the commission had wrongfully sanctioned the investment company for failing to pay annual casino licensing fees during the Covid-19 pandemic in two out of five complaints. The default could be excused by a force majeure clause in the parties casino agreement and the commission did not show evidence that Covid-19 shutdowns were not related to the company’s inability to pay. For three of five complaints suspending the license and imposing fines, the investment company did not invoke force majeure as a defense and did not dispute the charges the commission insists it owes. Affirmed in part.
Court: Northern Mariana Islands Supreme Court, Judge: Inos, Filed On: August 28, 2023, Case #: 2022-SCC-6, Categories: Agency, covid-19, contract
[Consolidated] J. Bell finds the district court improperly granted summary judgment and attorney fees to the buyer in this breach of contract suit arising from the seller's closing the hotel and casino for which the buyer had an ordinary course covenant in the asset purchase agreement. The seller did not breach the agreement, as the closure was in response to the governor's emergency Covid-19 directive. The seller was merely following the law to maintain its gaming licenses, and the buyer's applications for gaming licenses were delayed, not refused. Reversed.
Court: Nevada Supreme Court, Judge: Bell , Filed On: August 24, 2023, Case #: 84257, Categories: Licensing, covid-19, contract