37 results for 'cat:"Due Process" AND cat:"Contract"'.
J. Abramson finds the circuit court improperly denied the masonry company's motion to set aside a default judgment entered in favor of the construction company. The original breach of contract action was brought by the masonry company, with the circuit court granting the construction company's motion to dismiss. The construction company filed another breach of contract action, serving the masonry company at an incorrect address, with the green card evidencing delivery was returned unsigned. The default judgment is void due to insufficient service of process. Reversed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: May 15, 2024, Case #: CV-23-257, Categories: Construction, due Process, contract
J. Samour finds the appeals court properly overturned the trial court's decision to grant summary judgment to the university on contract claims filed by the male student accused of rape. When read in conjunction with the entirety of the school's Office of Equal Opportunity procedures handbook, the requirement for a "thorough, impartial, and fair" investigation into allegations of sexual assault created a contractual relationship between the parties. Additionally, the male student's allegations the university failed to interview four of the five witnesses he presented and failed to seek out missing portions of the victim's medical examination file render his contract claim plausible and prevent judgment in favor of the university. Affirmed in part.
Court: Colorado Supreme Court, Judge: Samour, Filed On: May 6, 2024, Case #: 2024CO27, Categories: Education, due Process, contract
J. Miller finds that the trial court properly concluded that a doctor did not have a right to a hearing before his application for privileges at two hospitals was denied. The doctor had a history of unprofessional behavior at other hospitals and was the subject of a disciplinary order and public reprimand by the state medical board. The hospitals' agreement with the doctor's medical group, which established the eligibility requirements, disallowed staff privileges for doctors with such histories, and the hospitals have quasi-legislative authority to establish the requirements. Affirmed.
Court: California Courts Of Appeal, Judge: Miller, Filed On: April 25, 2024, Case #: A166748, Categories: Employment, due Process, contract
J. Murphy finds the trial court improperly denied the refrigeration installer's request for a preliminary injunction. The installer alleges a noncompete agreement was violated by the other refrigeration equipment installer. The circuit court erroneously failed to consider Arkansas Code's covenant-not-to-compete statute as it relates to what constitutes irreparable harm. Reversed in part.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: April 3, 2024, Case #: CV-23-158, Categories: due Process, contract, Injunction
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
J. Wilson grants the government's motion to dismiss this appeal. The contractor, which had an indefinite delivery and quantity contract for architectural and engineering services involving the design of military and civil projects within the Great Lakes and Ohio River Division Mission Boundaries, failed to file its appeal within 90 days of receiving the contracting officer’s final decision.
Court: Armed Services Board Of Contract Appeals, Judge: Wilson , Filed On: March 7, 2024, Case #: 63515, Categories: Government, due Process, contract
J. Moore finds the county court properly modified the ex-husband's child support obligation. The court properly gave him a year to pay because the ex-husband must reimburse the ex-wife retroactively for more than a year of expenses. But, because the court did not order either party to provide health insurance for a child, it erroneously failed to order cash medical support. Reversed in part.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: March 5, 2024, Case #: A-23-149, Categories: Family Law, due Process, contract
[Consolidated.] J. Wilson denies the government's motion to dismiss the appeal for lack of subject matter jurisdiction. Contracted for building repair at Ft. Gordon, Georgia, the contractor seeks equitable adjustment of almost $4 million for additional costs, as well as a time extension. Though the government says the board does not have jurisdiction because the contractor filed in advance of the contracting officer's deemed denial or final decision, the record shows the officer did not need additional time to issue a final decision. This appeal, however, is dismissed as moot, due to the contractor's subsequent filing of an appeal from the officer’s final decision denying the same claim.
Court: Armed Services Board Of Contract Appeals, Judge: Wilson , Filed On: March 4, 2024, Case #: 63674, Categories: Government, due Process, contract
J. Hixson finds the county court improperly dismissed the homeowner's breach of contract claim. The customer alleges the painting company failed to complete work on her house in a professional and workmanlike manner, though the company denies it contracted to perform any work for her. Even though the company had filed a motion to dismiss prior to the homeowner's request for a dismissal without prejudice, her request for a nonsuit before submission of the case was absolute and should have been granted. Reversed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: February 28, 2024, Case #: CV-23-85, Categories: due Process, contract
J. Moore finds the county court properly granted summary judgment to the law firm in its case against a property manager who failed to fully pay fees and costs for various representation. The record shows the manager was given notice at every stage of the proceedings. He appeared at hearings, presented evidence and was not denied due process. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: February 27, 2024, Case #: A-23-334, Categories: due Process, contract
J. Worthen dissolves the temporary injunction granted to the business partner. The partner sought declaratory judgment that a note for land is not in default because the amount the owner owes the partner pursuant to a default judgment in another contract dispute exceeds the amount of the payment owed for the land. The injunction prevented the owner from foreclosing until the trial court rendered judgment and ordered the parties to schedule a trial. The trial court’s requirement the parties schedule a trial for an unspecified date by contacting the court coordinator does not comply with the rule governing the setting of the cause for a trial on the merits.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: January 31, 2024, Case #: 12-23-00211-CV, Categories: due Process, Partnerships, contract
J. Jackson dismisses a former teacher's contract and due process claims against the district after it failed to rehire him, allegedly in violation of the parties' settlement agreement. The agreement did not contain any obligation the district rehire him, nor has he sufficiently alleged a due process violation.
Court: USDC District of Columbia, Judge: Jackson, Filed On: January 31, 2024, Case #: 1:22cv2137, NOS: Other Civil Rights - Civil Rights, Categories: Employment, due Process, contract
J. Boasberg dismisses a student's claims against Georgetown University arising from his dismissal from its school of medicine and a dean's allegedly inappropriate relationship with him. Most of his claims are untimely, and he fails to specify any terms of the contract between the parties and, therefore, cannot demonstrate the university's breach.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: December 15, 2023, Case #: 1:23cv2058, NOS: Other Civil Rights - Civil Rights, Categories: Education, due Process, contract
J. Smith denies the Army Corps of Engineers' motion to dismiss this suit challenging its termination of the contract for default. The contractor seeks no monetary damages, claiming the contract was wrongly terminated for default and not convenience. This is a "garden-variety default termination challenge," and the corps should be ready to move forward and justify its termination decision.
Court: Armed Services Board Of Contract Appeals, Judge: Smith , Filed On: November 22, 2023, Case #: 63630, Categories: Government, due Process, contract
J. Swan finds the superior court properly dismissed the corporation's lawsuit alleging breach of contract and nonpayment of a $265,296 debt by the condo company. In part because the corporation never adequately retained counsel according to the superior court's deadlines, and because its original complaint was signed by a project manager who was not a licensed attorney in the Virgin Islands, the superior court was required to treat the complaint as a "legal nullity" and dismiss it for failure to retain counsel. The corporation incorrectly argues that the superior court dismissed the complaint for failure to prosecute. Affirmed.
Court: Virgin Islands Supreme Court, Judge: Swan, Filed On: November 21, 2023, Case #: 2023 VI 13, Categories: due Process, contract
J. Barrett finds the trial court properly granted the homeowner's motion to strike a contractor's untimely answers, entering default judgment in favor of the homeowners. Though Sunday service of process is not allowed in most circumstances, in this case it was the only viable alternative and was properly made. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: November 15, 2023, Case #: CV-22-86, Categories: Construction, due Process, contract
J. Pickering finds the district court improperly denied the artificial turf company’s request for a preliminary injunction to enforce a noncompete covenant against its former employees. The court denied the request, saying that the covenant was unenforceable due to procedural unconscionability, which consisted in the merger of the covenant into the preceding paragraph of the employment agreement. This is not enough to invalidate it without additional substantive unconscionability shown. The court was obligated to determine whether the covenant’s remaining flaws could be cured by revision under the statute governing noncompete agreements. Reversed and remanded.
Court: Nevada Supreme Court, Judge: Pickering, Filed On: November 2, 2023, Case #: 85249, Categories: due Process, contract, Injunction
J. Hunt denies a foreign company’s motion to stay in this declaratory judgment foreign proceeding lawsuit brought by an information system company. The court is requested to stay in this proceeding for the following reasons: “(1) resolution of the Indian contract case under the principle of ‘international comity,’ and (2) confirmation that [the company] has authority to engage in this litigation.” The foreign company failed to verify the authority of the applicable law to engage in this lawsuit.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: October 26, 2023, Case #: 1:22cv61, NOS: Other Contract - Contract, Categories: International Law, due Process, contract
J. Hixson finds the circuit court improperly granted summary judgment to the law firm, finding that the breach of a fee-sharing contract claims brought by the other law firm are barred after an initial case resulted in the court’'s finding that no contract existed. The law firm’s claim that it was entitled to summary judgment on the basis of res judicata is misplaced, as the original suit resulted in the finding that no contract existed. Reversed and remanded.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: October 25, 2023, Case #: CV-21-276, Categories: due Process, Attorney Fees, contract
J. Johnson finds the trial court improperly granted the mother’s motion to retroactively modify child support. Such an order should be based solely on clerical discrepancies between oral pronouncements and written orders. The retroactive order amounted to a substantive change from the judgment as it provided that the father would stop paying support only after the youngest child reached 18, altering the monthly amount to provide a monthly “step-down” for the third child once the twins turned 18 and until the youngest child did too. Reversed and rendered.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: October 12, 2023, Case #: 09-22-00327-CV, Categories: Family Law, due Process, contract
J. Golemon finds the trial court improperly entered summary judgment in favor of the debtor in this suit brought by the factoring company that purchased the debt which was then paid directly to the company from which the debt was purchased. The debtor was not entitled to judgment as a matter of law on its claim that the factoring company should be quasi-estopped from pursuing its claims. The factoring company was entitled to judgment as a matter of law on its claim that the debtor was required to make payments to it because the debtor did not make payments. Reversed and rendered in part. Reversed and remanded in part.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: October 12, 2023, Case #: 09-22-00376-CV, Categories: Debt Collection, due Process, contract
J. Wilson finds that the district court properly rejected conspiracy and breach of contract claims brought by the superintendent in a wrongful termination and civil rights action against the city board of education and board members. The superintendent failed to sufficiently allege a conspiracy and failed to plead an exception to sovereign immunity with respect to the contract claims. However, the district court improperly dismissed the superintendent's due process claim. The district court incorrectly interpreted ambiguities in the minutes of the meeting where board members voted to terminate the superintendent's contract and failed to draw reasonable inferences in her favor. Reversed in part.
Court: 11th Circuit, Judge: Wilson, Filed On: October 4, 2023, Case #: 22-10858, Categories: Employment, due Process, contract
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. Khalsa denies, in part, the city's motion to dismiss, ruling the just-cause termination and definite-tenure provisions of the city administrator's employment contract override any at-will employment provisions and grant her a protected property interest in her job; therefore, the lack of hearings or any explanation for her termination create a plausible due process claim.
Court: USDC New Mexico, Judge: Khalsa, Filed On: September 21, 2023, Case #: 1:22cv802, NOS: Employment - Civil Rights, Categories: Employment, due Process, contract
J. Mitchel finds the trial court properly reduced the father’s child support payments, ordering the parties to share education expenses. The father had gone into arrearage on the payments due to his unemployment after the court previously increased them. The father has failed to comply with filing rules, not setting forth a fully developed and reasoned analysis for his argument that the marital agreement wasn't enforced. He forfeits the argument. It is well established that a trial court has the authority to modify a child support provision of a dissolution judgment entered in accordance with a settlement agreement. Affirmed.
Court: Illinois Appellate Court, Judge: Mitchel, Filed On: August 18, 2023, Case #: 1-22-1097, Categories: Family Law, due Process, contract