310 results for 'cat:"Employment" AND cat:"Contract"'.
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J. Loken finds a lower court partly granted two oil field project managers' motion for declaratory judgment concerning underpayment at the hands of a field services company. The oil field project managers argued that the field service company failed to properly compensate them. However, the field service company sufficiently showed in court that it overpaid them profits of upwards of $10,000. Reversed in part.
Court: 8th Circuit, Judge: Loken, Filed On: April 30, 2024, Case #: 22-3115, Categories: employment, contract
J. Reiss grants the bank’s motion to stay the action and refer to arbitration in this employment agreement dispute brought by a former executive president who says his assets had been converted. The court found the arbitration clause to be broad as to all disputes related to the employment agreement, and the arbitrator needs to decide the issues of arbitrability.
Court: USDC Vermont, Judge: Reiss, Filed On: April 29, 2024, Case #: 2:23cv274, NOS: Other Contract - Contract, Categories: Arbitration, employment, contract
J. Seabright refuses to dismiss part of a fired employee’s complaint against state deputy attorneys general for informing his Japanese employer about his previous litigation history. One of these attorneys general does not have qualified immunity as there is evidence of the deputy attorney general contacting his former employer. There is also evidence of malice and that she would have known about the employee’s employment contract at the Japanese company. Emotional distress claims are dismissed, however, as the act was not “outrageous.”
Court: USDC Hawaii, Judge: Seabright, Filed On: April 29, 2024, Case #: 1:23cv359, NOS: Other Civil Rights - Civil Rights, Categories: Government, Interference With contract, employment Retaliation
J. Wood partially rules in favor of the employee and the executive in a breach of contract and fiduciary duty action brought by the insurance brokerage firm for violating their employment agreements. The employee's motion for summary judgment is granted as to the firm's claims for breach of non-compete covenant and breach of confidentiality and non-disclosure covenants regarding all clients except one. However, the employee's motion is denied with respect to claims for breach of fiduciary duty, breach of non-solicitation, employee non-interference and confidentiality covenants for information on one client. Genuine issues of fact exist as to whether the employee breached his non-solicitation covenant but undisputed evidence shows that the executive did not breach hers. There is a factual dispute as to whether the executive violated her confidentiality and non-disclosure covenants.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: April 26, 2024, Case #: 4:23cv54, NOS: Other Contract - Contract, Categories: employment, Fiduciary Duty, contract
J. Baker finds that the trial court improperly ruled in a dispute over a non-compete agreement by failing to consider the disservice that would be done to the public by enforcing the agreement on a doctor, which would deprive him from serving patients. The hospital does not possess other doctors practicing the same specialty, and thus the restrictive agreement does nothing but prevent the doctor from practicing in a specific area. Reversed.
Court: Indiana Court Of Appeals, Judge: Baker, Filed On: April 25, 2024, Case #: 23A-PL-2111, Categories: employment, 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. Cooper grants the employer's motion for partial summary judgment and denies the employee's motion for summary judgment in a suit alleging that the employee reneged on an obligation to return a bonus when she left her role as the employer's subsidiary's president. The pay schedule provisions of the employee's bonus contract is enforceable, and the employee breached them by failing to return an accelerated payment. The doctrine of unclean hands also does not apply in this case. The employer's request for fees incurred in summary judgment briefing as a sanction for the employee's litigation conduct is denied.
Court: USDC District of Columbia, Judge: Cooper, Filed On: April 23, 2024, Case #: 1:22cv2574, NOS: Insurance - Contract, Categories: employment, Choice Of Law, contract
Per curiam, the appellate division finds that the lower court properly denied the former employee's claim to have a 65% ownership interest in the firm, but also denied the firm's motion to dismiss the claim that she was never given the value of her interest in the firm within 60 days of her resignation. The parties' agreement is ambiguous on the issue of what the employee is to be paid out for there interest in the firm, so this issue must go to a jury. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 23, 2024, Case #: 02133, Categories: employment, contract
J. Urbanski denies the staffing company's motion to dismiss a breach of contract claim as a third-party beneficiary. The system administrator who works as a subcontractor properly alleged that the data center he works at wanted to pay him $45 an hour, but the staffing company only paid him $40 an hour, skimming the extra $5 an hour.
Court: USDC Western District of Virginia, Judge: Urbanski , Filed On: April 19, 2024, Case #: 5:22cv74, Categories: employment, contract
J. Gallagher grants Southwest’s motion to dismiss this employment dispute brought by a former employee alleging breach of contract, hostile work environment, disability and race discrimination, failure to accommodate and violations of the Maryland Healthy Working Families Act. The employee alleges she was terminated for giving a coworker her username and password, as a supervisor suggested, and calling in sick from jail. Southwest alleges the breach of contract claim is preempted by the Railway Labor Act for disputes between rail and airline workers of a collective bargaining agreement. The employee fails to state a plausible claim to her hostile work environment, disability and race discrimination, failure to accommodate and the Maryland law. Therefore, all claims are dismissed without prejudice, except the breach of contract and it is dismissed with prejudice.
Court: USDC Maryland, Judge: Gallagher, Filed On: April 18, 2024, Case #: 1:23cv2980, NOS: Employment - Civil Rights, Categories: employment, Negligence, contract
J. Richardson partially grants the restaurant's motion to compel arbitration of the chef's claims in this lawsuit alleging discrimination, retaliation and a hostile work environment. The chef fails to sufficiently create a question of fact regarding whether he electronically signed the arbitration agreement. Accordingly, the court will enforce the arbitration agreement, though the restaurant is not entitled to attorney fees.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: April 16, 2024, Case #: 3:24cv3, NOS: Employment - Civil Rights, Categories: Arbitration, employment, contract
Vice Chancellor Will grants an employee summary judgment in claims seeking to invalidate his removal as manager of several LLCs because certain term sheet payments were not made to him before removal, and he cannot be removed as manager while he remains an employee.
Court: Delaware Chancery Court, Judge: Will, Filed On: April 12, 2024, Case #: 2023-0948-LWW, Categories: employment, contract
J. Fridy finds that the lower court improperly granted the employers' motion for summary judgment in this breach of contract lawsuit brought by a nurse practitioner whose employment was allegedly terminated before her contract had expired. There are issues of fact precluding summary judgment on the nurse practitioner's contract claim, specifically as to whether or not she was entitled to 60 days' written notice of her termination. The order was appropriate, however, as to her conversion claim. Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: April 12, 2024, Case #: CL-2023-0666, Categories: employment, Conversion, contract
J. Reynolds Fitzgerald finds that the lower court properly found for a medical group in a cardiologist's breach of contract claims because the employment agreement contained a "termination for convenience" provision that permitted firing for no reason as long as six months' pay was provided. That he was not permitted to see patients during that six months did not violate the contract. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: April 11, 2024, Case #: CV-23-0988, Categories: employment, contract
J. Hardwick finds that the lower court properly issued the employer an injunction enforcing a noncompete clause in a doctor's employment agreement preventing him from practicing radiology within a 25-mile radius for two years after leaving the practice. The practice has a legitimate protectable interest in its patient and referral base, even if radiologists rarely have contact with patients, because it relies heavily on the relationships its radiologists have cultivated with referring physicians. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hardwick, Filed On: April 9, 2024, Case #: WD86589, Categories: employment, contract
J. Bumb dismisses claims contending a wealth manager failed to pay a temporary employee for corporate branding and marketing services because the employee failed to demonstrate the wealth manager's Delaware-based activities purposefully targeted New Jersey or that the wealth manager knew the employee resided in that state at the time of his alleged contract.
Court: USDC New Jersey, Judge: Bumb , Filed On: April 9, 2024, Case #: 1:23cv4352, NOS: Other Contract - Contract, Categories: employment, Jurisdiction, contract
J. Albrecht finds that the lower court improperly found for the brokerage firm in a dispute over commissions it failed to pay to two real estate brokers. The brokers earned their commission when they procured fully executed contracts, all of which were "during the term" of their employment agreement. Reversed.
Court: Illinois Appellate Court, Judge: Albrecht, Filed On: April 9, 2024, Case #: 220405, Categories: employment, contract
J. Wilkin finds the trial court erroneously granted the employer's motion for summary judgment on the contract claim filed by the superintendent. Language in his contract requires he be paid accrued sick leave at the time of his retirement. However, there is limiting language in the contract that caps the payout at 30 days, and so the case will be remanded to allow the court to determine the proper amount of compensation. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: April 8, 2024, Case #: 2024-Ohio-1434, Categories: employment, contract
J. Chou finds that the trial court properly faulted an employer for breaching an employment contract's stock option provision. But the $4.3 million damages award was miscalculated since it measured the employee's damages from the date of the breach without factoring in what the parties "reasonably contemplated" when forming their contract. The calculation offered by the employee's expert properly measured the damages on the date a lock-up period ended and the employee was free to sell, so the damages award must be increased by $2.3 million. Reversed in part.
Court: California Courts Of Appeal, Judge: Chou, Filed On: April 8, 2024, Case #: A165372, Categories: employment, Damages, contract