266 results for 'cat:"Jurisdiction" AND cat:"Contract"'.
J. Frank denies the payment processing client's motion to dismiss its payment processing provider's suit alleging that it breached the parties' contract by replacing it with another company. This court has personal jurisdiction over the parties, since they met in Minnesota on at least one occasion to discuss the contract and sent emails back and forth from Minnesota, and a choice-of-law provision in the contract requires that it be interpreted, construed and enforced in accordance with Minnesota law. The provider has also plausibly alleged its claims.
Court: USDC Minnesota, Judge: Frank, Filed On: May 17, 2024, Case #: 0:24cv373, NOS: Other Contract - Contract, Categories: jurisdiction, contract
J. Pratter grants a property seller’s motion to dismiss a buyer’s conspiracy suit for failure to establish a conspiracy claim in a property transfer dispute. The matter at hand involves just a $2,000 sum, so this is a matter for a state court, not this federal court.
Court: USDC Eastern District of Pennsylvania, Judge: Pratter, Filed On: May 15, 2024, Case #: 2:23cv1188, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Property, jurisdiction, contract
J. Baker finds that the trial court properly determined that it lacked personal jurisdiction over a Brazilian living in Brazil who was sued for breaching a contract with a Montana plaintiff and his company. The only connection to Montana is the plaintiff and his company since the Brazilian did not seek the application of Montana law and the dispute did not arise from his actions in Montana. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: May 14, 2024, Case #: DA 23-0294, Categories: jurisdiction, contract
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J. Wilson finds that the trial court improperly dismissed the lender's breach of contract claim for lack of standing. The lender alleged sufficient facts to show standing on the claim for an unpaid loan against the individual accused of misdirecting the funds "for the benefit of a different religious community." Reversed in part.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: May 9, 2024, Case #: 14-23-00131-CV, Categories: jurisdiction, contract
J. Fitzwater finds that a medical center that terminated contracts with two billing agencies for discrepancies and non-performance can join one of the billing agencies as an additional defendant in a suit that the medical center filed after they were sued by the other billing agency for premature termination of the contract. The joiner of the second defendant will defeat diversity jurisdiction, but the medical center has shown that their request to join a defendant is not undertaken solely to defeat diversity. When the medical center filed the suit, they already had a separate claim against the second billing agency, so they did not add the second agency as a defendant at that point. The case is remanded to the state court.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: May 8, 2024, Case #: 3:23cv2523, NOS: Other Contract - Contract, Categories: jurisdiction, contract
J. Ellison finds that an employee and stockholder who seeks recission of an inapplicable joinder agreement he mistakenly signed as part of a packet of documents for a required sale of his stock due to a merger shall honor portions of the merger agreement calling for disputes to be governed by the Delaware Court of Chancery or the United States District Court of Delaware. The employer’s motion to dismiss is granted.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: May 3, 2024, Case #: 4:23cv4290, NOS: Other Contract - Contract, Categories: jurisdiction, contract
J. Gallagher finds the lower court properly denied the pizza restaurant's motion to vacate an arbitration award in favor of the Cleveland Browns. Although the restaurant couches its argument in jurisdictional terms, it is merely an attempt to raise claims about the validity of the arbitration award it failed to bring in a direct appeal. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: May 2, 2024, Case #: 2024-Ohio-1686, Categories: Arbitration, jurisdiction, contract
J. Castner transfers this case, in which a laboratory claims that health care organizations failed to pay for completed test orders including Covid-19 tests. The health care organizations are based in Texas and, while federal jurisdiction is appropriate, the New Jersey district court lacks personal jurisdiction. The case is transferred to the Southern District of Texas.
Court: USDC New Jersey, Judge: Castner, Filed On: April 30, 2024, Case #: 4:24cv1642, NOS: Other Contract - Contract, Categories: Health Care, jurisdiction, contract
J. Doughty grants a request by the former wife of a businessman whose two brothers and a national baby products manufacturer sued his former spouse for breach of contract and unjust enrichment related to the couple's alleged failure to reimburse to the Louisiana-based company a total of $1.7 million for unauthorized personal expenses on company credit cards. The two brothers and the baby products-maker have not made a clear showing of minimum contacts to the state sufficient to hale their brother's ex-wife into a Louisiana court. The former spouse says she is domiciled in Florida and she was never party to a contract in Louisiana.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: April 26, 2024, Case #: 3:23cv452, NOS: Other Contract - Contract, Categories: jurisdiction, contract
J. Pulliam denies a franchisee’s motion to dismiss after he and his company were sued by a franchisor in a contract dispute. While that franchisee argues that this court lacks jurisdiction, he is “closely related to the dispute” and therefore “bound by the forum selection clause contained within the Franchise Agreement,” which specifies that either the Western District of Texas or Travis County state court will be the forum for any contract disputes.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: April 25, 2024, Case #: 5:23cv1531, NOS: Other Contract - Contract, Categories: jurisdiction, Venue, contract
J. Gladwin dismisses the farm’s appeal of the circuit court’s denial of its petition to discharge the excavator’s lien. The excavator filed the lien for $671,000 for nonpayment after the farm sold its property during a construction project it contracted for with the excavator. The excavator gave proper notice and the court correctly denied discharge of the lien, retaining jurisdiction. The farm filed a notice of interlocutory appeal and a motion to reconsider on the same day. The circuit court did not issue a ruling on the motion to reconsider. The appeals court has no jurisdiction for lack of a final order.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: April 24, 2024, Case #: CV-22-608, Categories: Construction, jurisdiction, contract
J. Arterburn finds the district court improperly dismissed the swimming pool owner's breach of contract suit. The owner did not sign the third page of the pool remodel contract, which included the forum selection clause, and the court did not consider evidence relevant to whether an exception barred the clause's enforcement. Reversed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: April 23, 2024, Case #: A-23-572, Categories: Evidence, jurisdiction, 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. Lucas finds that the trial court improperly denied a pharmacy's motion to arbitrate contract claims in California because the section of the Federal Arbitration Act that authorizes federal district courts to compel arbitration in civil actions does not bar states from doing so under their own jurisdiction. Reversed.
Court: Florida Courts Of Appeal, Judge: Lucas, Filed On: April 17, 2024, Case #: 2D2023-0096, Categories: Arbitration, jurisdiction, contract
J. Snyder denies a company's motion to dismiss a business founder's allegations that after acquiring his business, the company violated the put agreement by failing to pay his retention bonus or fund the purchase of his remaining shares. Diversity jurisdiction has been established. The founder has sufficiently alleged his promissory fraud claim. The put agreement does not waive the founder's right to a jury trial. A stay is not warranted, as the arbitration proceedings are limited to employment agreement disputes, while this matter is regarding a put agreement dispute.
Court: USDC Central District of California, Judge: Snyder, Filed On: April 15, 2024, Case #: 2:23cv9055, NOS: Other Contract - Contract, Categories: Fraud, jurisdiction, contract
J. Westbrook finds the trial court properly granted motions to dismiss against two law firms and their attorneys in this real estate dispute brought by a Vermont property seller. The seller argues one of the law firms solicit on the website with ‘‘Attention: out of state sellers.’’ She never has entered into the state of Connecticut, so the court lacks jurisdiction. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Westbrook, Filed On: April 15, 2024, Case #: AC45631, Categories: Real Estate, jurisdiction, contract
J. Batchelder finds that the district court improperly dismissed a contract and fraudulent inducement lawsuit based on a contractual forum-selection clause for a lack of jurisdiction. The forum selection clause stated “Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation.” The non-signatory partner argues the clause should be enforceable for state and federal common laws but that the court skipped the applicability step that should have been done. The contract does not apply to the non-signatory in the forum-selection clause. Reversed.
Court: 6th Circuit, Judge: Batchelder, Filed On: April 12, 2024, Case #: 23-3085, Categories: jurisdiction, contract
J. Dorsey denies the Russian car dealer's motion for a preliminary injunction seeking to have his bank account unfrozen. The dealer's appearance at a dealer show was canceled, his cars were transferred to California and his bank account was frozen after the company stopped manufacturing cars when Russia invaded Ukraine. The dealer does not satisfy any standard for injunction. His motion just states the company president's reasons for freezing the account are false, says the account should not have been frozen, and states without evidence the president's actions have damaged the company.
Court: USDC Nevada, Judge: Dorsey , Filed On: April 11, 2024, Case #: 2:22cv1774, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, jurisdiction, contract
J. Kahn declines to dismiss on jurisdictional grounds a breach of contract complaint against a California-based security services company, who was sued by a consultant for allegedly failing to pay him his 5% commission fee for helping with the sale of its company. The company waived its right to challenge the consultancy agreement’s forum selection clause designating New York courts as the preferred venue.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: April 11, 2024, Case #: 1:23cv1408, NOS: Other Contract - Contract, Categories: jurisdiction, Venue, contract
J. Trapp finds the trial court properly denied the Ohio residents' motion to vacate a default judgment obtained against them by the Florida resident in Florida state court. The Florida court had already denied a similar motion; therefore, the Ohio court motion constituted an impermissible collateral attack. Affirmed.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: April 9, 2024, Case #: 2024-Ohio-1340, Categories: jurisdiction, contract
J. Pulliam remands to state court a convoluted contractual dispute concerning the foreclosure of several properties, because a nondiverse party in the case — a substitute trustee for the foreclosing bank — was properly joined, and therefore this court lacks jurisdiction.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: April 9, 2024, Case #: 5:23cv1527, NOS: Other Contract - Contract, Categories: jurisdiction, Foreclosure, contract