20 results for 'cat:"Immunity" AND cat:"Contract"'.
J. Russel finds the lower court improperly concluded that sovereign immunity barred the successor's claims. The Virginia Department of Transportation contracted a contractor for construction inspection and permitted them to bill VDOT for certain overhead costs, including the cost of rental vehicles. Because of the nature of the projects at issue, VDOT, in turn, could seek reimbursement from the federal government for the expenses it reimbursed so long as VDOT complied with Federal Acquisition Regulation provisions. The FAR clauses purportedly did not allow VDOT to receive reimbursement for expenses paid to the successor, an entity under its common control. The parties eventually mediated the claims and agreed upon a settlement agreement that the contractor felt it had no choice, given its economic situation, but to sign. It later received information previously withheld that led to the suit, filed in part to invalidate the settlement agreement. Sovereign immunity doesn’t apply to claims based on express contracts. Reversed.
Court: Virginia Supreme Court, Judge: Russel , Filed On: May 9, 2024, Case #: 230365, Categories: Government, immunity, contract
J. Longoria finds that the lower court improperly denied the city's plea to the jurisdiction in this breach of contract lawsuit stemming from a concert held in the city. The city contends that the "evidence affirmatively negates jurisdiction," based on the verbal contracts alleged by the promoters. The court agrees that they do not establish a waiver of governmental immunity. Reversed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: April 18, 2024, Case #: 13-23-00120-CV, Categories: immunity, Jurisdiction, contract
J. Lewis finds that the trial court improperly ruled in part against a university accused of charging application and orientation fees that exceeded the maximum allowed under Florida statutes because the board was entitled to immunity on declaratory judgment claims. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Lewis, Filed On: April 3, 2024, Case #: 1D2021-1857, Categories: Education, immunity, contract
J. Byrne finds that the trial court improperly ruled against a public charter school, denying its plea to the jurisdiction in a breach of contract case filed by a law firm accusing the school of failing to pay for legal services. The law firm failed to show that the contract was ratified by the school board, thus establishing a waiver of immunity. Because such a waiver has not been established, the school's jurisdictional plea should have been granted and the law firm's claims dismissed. Reversed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: March 29, 2024, Case #: 03-22-00200-CV, Categories: Government, immunity, contract
J. Brimmer allows plaintiff to continue pro se claims disputing a laboratory's methods for collecting DNA related to a paternity test because the lab was not entitled to absolute immunity since it failed to cite precedent in which a court had granted absolute immunity to a medical laboratory or a doctor that had performed such a test.
Court: USDC Colorado, Judge: Brimmer, Filed On: March 27, 2024, Case #: 1:23cv2077, NOS: Other Contract - Contract, Categories: immunity, Negligence, contract
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Per curiam, the Texas Supreme Court vacates the court of appeals' judgment in a governmental immunity case in which a contractor claimed that the city of Hutto failed to pay it after its work was complete. The court of appeals agreed with the city's assertion that the contractor's claims were barred by governmental immunity because the contract signed between the parties was not properly completed. However, due to the Texas legislature's recent passage of a bill requiring governmental entities to notify contractors of failures to properly complete the contract process before beginning work, the case must be remanded to the trial court for further consideration.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: March 15, 2024, Case #: 22-0973, Categories: Government, immunity, contract
J. Poissant finds that the trial court properly denied the city's plea to the jurisdiction in a dispute over payment for work on Hurricane Harvey-related projects under a second contract amendment. The city's argument regarding the contractor's signature is a "defensive argument" that does not implicate the court's jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: February 29, 2024, Case #: 14-22-00616-CV, Categories: immunity, Jurisdiction, contract
J. Luthy finds the district court properly dismissed a doctor’s contract lawsuit in favor of the hospital with its corporate owner, an administrator and a voting member of the board. The doctor failed to sufficiently address the hospital’s contractual immunity and release of liability defenses. Affirmed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: February 15, 2024, Case #: 20210606-CA, Categories: Health Care, immunity, contract
J. Stargel finds the trial court improperly denied the college’s motion to dismiss student’s complaint against the college for charging mandatory fees during the Covid-19 pandemic and not allowing in-person classes. The student fails to allege an express contract that could defeat the claim of sovereign immunity. The college in fact is entitled to the dismissal on the contract claim. Reversed.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: February 9, 2024, Case #: 6D23-161, Categories: Education, immunity, contract
J. Bryan dismisses a software company's contract action seeking more than $247,000 from a telecommunications provider that services an Indian reservation. The provider is protected by sovereign immunity, and it did not expressly waive its immunity.
Court: USDC Southern District of Texas, Judge: Bryan, Filed On: January 30, 2024, Case #: 4:23cv1901, NOS: Other Contract - Contract, Categories: Communications, immunity, contract
[Consolidated] J. Miller finds the trial court improperly denied the professor's motion to dismiss claims against him in the traffic device manufacturer's lawsuit over a study of its devices that returned unfavorable results to the Florida Department of Transportation. The trial court should have dismissed on sovereign immunity grounds, as the allegations against the professor do not overcome the fact that he should have been protected from liability as a state employee due to the terms of the underlying contract with Florida International University, where the professor was working at the time he became the "co-principal investigator" in the study. On remand the trial court is ordered to dismiss the claims against the professor. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: January 17, 2024, Case #: 22-2121, Categories: immunity, Defamation, contract
J. Marion finds a lower court erred in denying the San Antonio Water System’s plea to the jurisdiction and claims of governmental immunity after it sued a contractor and its insurer for breach of contract related to a public works project and then was countersued by the insurer. While the water system acknowledges that it can be sued for breach of contract, and that that claim is thus still pending, the system is right that other claims, such as for “improper release of contract funds,” must fail on immunity grounds, including because the water system did not enter a contract directly with the insurer. Reversed.
Court: Texas Courts of Appeals, Judge: Marion, Filed On: January 3, 2024, Case #: 08-23-00123-CV, Categories: Government, immunity, 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. Quinn finds that the lower court properly denied the appellant utility district's plea to the jurisdiction in this suit concerning a development financing agreement. There was no error in finding that immunity had been waived, and the utility district fails to establish its argument regarding standing. Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: November 20, 2023, Case #: 07-23-00182-CV, Categories: immunity, contract
Per curiam, the court of appeal finds that the trial court improperly dismissed breach of contract claims a student brought against the university. The court certifies a question of great importance to the Florida Supreme Court as to whether schools are entitled to sovereign immunity in breach of contract claims alleging failure to provide students on-campus services. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: October 25, 2023, Case #: 2D22-1703, Categories: Education, immunity, contract
J. Boyd finds the court of appeals properly ruled against the City of League City in a breach of contract case brought by a restaurant chain, in which it accused the city of failing to adhere to an agreement that would provide financial incentives for building a new restaurant in the city limits. The trial court and court of appeals denied the city’s jurisdictional plea to the suit, leading it to file a petition for review. Because the agreement was entered into on discretionary terms and does not serve a public service, the city is not entitled to governmental immunity. Affirmed.
Court: Texas Supreme Court, Judge: Boyd, Filed On: June 9, 2023, Case #: 21-0307, Categories: Government, immunity, contract