224 results for 'cat:"Damages" AND cat:"Contract"'.
J. Garcia finds that the lower court properly granted no-evidence summary judgment in favor of the appellees on the clinical pharmacy's claims for misappropriation of trade secrets, tortious interference and breach of contract. Contrary to the pharmacy's argument on appeal, the time allowed for discovery was adequate. Also, the pharmacy failed to show that it suffered damages in support of its breach of contract claim against its former employee. Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: May 16, 2024, Case #: 05-22-01276-CV, Categories: Trade Secrets, damages, contract
J. Hassan finds that the trial court partly erred regarding the damages awarded to the landlord in a suit against the former tenant alleging breach of lease. The evidence was insufficient to support the damages awarded to the landlord for re-leasing expenses, and the tenant was owed a credit of $100,000 for the security deposit. Reversed in part.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: May 14, 2024, Case #: 14-22-00727-CV, Categories: Landlord Tenant, damages, contract
J. Farris finds that the trial court improperly awarded Preston Hollow more than $52 million in damages and pre-judgment interest for its breach of contract claim alleging that Senior Care defaulted on promissory notes related to the construction of an assisted living facility. A notice sent to Senior Care did not give clear, unequivocal notice that the debt would be automatically accelerated if it did not cure the alleged defaults. A new trial is necessary on this claim.
Court: Texas Courts of Appeals, Judge: Farris, Filed On: May 14, 2024, Case #: 01-21-00602-CV, Categories: damages, contract
J. Brann denies an asphalt company’s motion to dismiss a township’s claims alleging the asphalt company failed to meet the terms of a road repair contract. The identified deficiencies allegedly caused the road’s failure. Brann grants an insurance company’s motion to dismiss the township’s demand for punitive damages since no breach of societal duty has been alleged.
Court: USDC Middle District of Pennsylvania, Judge: Brann, Filed On: May 14, 2024, Case #: 4:24cv280, NOS: Other Contract - Contract, Categories: damages, contract
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J. Williams finds that the lower court properly awarded $0 in damages to the appellant in this breach of contract case involving oilfield equipment that allegedly fell into an oil well and had to be retrieved. Additionally, the amount owed to the appellee under multiple invoices was not “previously discharged by any material breach,” as the appellant argues. Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: May 9, 2024, Case #: 11-22-00230-CV, Categories: damages, contract
J. Harris finds that the trial court properly awarded damages and attorney fees to a food distributor, and rejected a food supplier's motion for a new trial in a dispute over invoices for tortillas. The supplier claimed an inconsistent verdict but breach of contract and the implied covenant of good faith and fair dealing are independent causes of action so the jury could find bad faith without finding a breach of terms. And a jury could reasonably award damages based on the bad faith claim after finding that the elements of a contract claim aside from damages had not been met. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: May 9, 2024, Case #: 20220982-CA, Categories: damages, Attorney Fees, contract
J. Badding finds that a company was properly awarded liquidated damages after an employee sent herself the company's client list to her private email account before ending her professional relationship because the employee failed to present evidence that actual damages stemming from the breach would have been less than the stipulated amount of liquidated damages. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: May 8, 2024, Case #: 23-0796, Categories: Employment, damages, contract
J. Frimpong grants the Nevada corporations a default judgment of $1.3 million in damages for their complaint that the construction company's subcontractors did not complete the unfinished work left by non-party Icon Identity Solutions. The construction company's lack of participation in this litigation would prejudice the Nevada corporations without default judgment. Also, the Nevada corporations successfully plead that the subcontractors did not uphold their end of the parties' deal.
Court: USDC Central District of California, Judge: Frimpong, Filed On: April 26, 2024, Case #: 8:22cv30, NOS: Other Contract - Contract, Categories: damages, contract
J. Males finds a lower court properly dismissed a married couple's contract claims against a cruise company. The married couple argued that they are entitled to a refund after the cruise operators switched routes from Northwest passage of Canada to the west coast of Greenland, claiming that the "experience was hell." However, the cruise company sufficiently showed in court that the couple did not cancel plans when the route was modified. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Males, Filed On: April 26, 2024, Case #: CA-2023-623, Categories: damages, contract
J. Tijerina finds that the lower court properly ruled in favor of the city in this breach of contract case arising from an agreement to perform certain road improvements. On appeal, the construction companies contend that the evidence is insufficient to establish their breach of the contract. But the evidence showed a "failure to adhere to the progress schedule." Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: April 25, 2024, Case #: 13-22-00416-CV, Categories: Evidence, damages, contract
J. Wilson finds that the appellate division improperly dismissed a developer's claims seeking damages for breach of a redevelopment contract based on repudiation. The agreement to turn a single-room-occupancy hotel into a mixed-use residential/commercial building required that the site include some low-income housing, which was complicated by a subsequent court settlement mandating the addition of rent-stabilized units. Written notification stating the property owner could not agree to the latter as altering the parties' original contract supported allegations of anticipatory repudiation. Reversed in part.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: April 25, 2024, Case #: 30, Categories: damages, contract
J. Fischer finds that while the port authority is an arm of the state, it is not exempt or immune from being assessed prejudgment interest in the current case, where the developer obtained a judgment as a creditor for the port's breach of a development contract. Therefore, the case must be remanded for a proper calculation of interest. Reversed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: April 23, 2024, Case #: 2024-Ohio-1501, Categories: Government, damages, contract
J. Brown finds that the district court properly determined that a gas supplier breached its industrial gas supply contract with a chemical manufacturer and properly awarded $88 million in lost profits. The manufacturer's counsel maintained that he could prove to the jury that the damages claim for lost profits and cover damages were valued at $100 million, and the district court used the proper model for calculating damages. Further, the manufacturer shows that there were lost sales due to the breach of contract based on testimony and evidence. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: April 19, 2024, Case #: 2022-CA-0777, Categories: Energy, damages, 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
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled in favor of a homeowner in a damages case he filed against the seller of his home. When the seller sought to initiate arbitration of the issue under the home purchase agreement, the homeowner argued that he could not be compelled to arbitrate because the cost would be unconscionable. The court of appeals held that the arbitration costs were excessive and unenforceable. As a matter of process, the homeowner should have raised the issue of costs with the arbitrator before continuing in the courts. Furthermore, the homeowner failed to show evidence of how the cost of arbitrating the issue was unreasonable but litigating the issue in court was less costly. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: April 5, 2024, Case #: 22-0830, Categories: Arbitration, damages, contract
J. DeGravelles grants a request by foreign and domestic insurers, ordering a stay of a nonprofit condominium owners’ suit for recovery of repairs for wind and hailstorm damage, pending arbitration of claims. The condo owners fail to support their argument the arbitration provision is unenforceable.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: March 27, 2024, Case #: 3:23cv279, NOS: Insurance - Contract, Categories: Arbitration, damages, contract
J. Lewis grants the medical transport service's request for default judgment, awarding it $469,000 in damages and interest. The service subcontracted to provide transport for Veterans Affairs, the company under which it contracted later having a controlling interest obtained by the other party to this suit. This party failed to pay the service after it entered into a new contract with the service. The service has established the new contractor failed to perform under the contract.
Court: USDC South Carolina Aiken, Judge: Lewis , Filed On: March 27, 2024, Case #: 3:21cv2801, NOS: Other Contract - Contract, Categories: Government, damages, contract
J. Kelley grants a recruiting firm’s motion for default judgment against a supplier that agreed to provide an engineer to the firm’s client, but then knowingly provided an imposter, requiring the client to have a forensic audit performed when they realized an imposter had been hired. The recruiting firm paid over $55,000 to cover the audit as a way to work towards maintaining a positive relationship with the client. The recruiting firm makes a plausible showing for all of its claims, including breach of contract, tortious interference and deceptive trade practices.
Court: USDC Massachusetts, Judge: Kelley, Filed On: March 27, 2024, Case #: 1:22cv11871, NOS: Other Contract - Contract, Categories: damages, Interference With contract, contract
J. Swan finds the superior court properly affirmed a magistrate's decision ordering the homeowner to pay $1,706 to the contractor for work he did remodeling her kitchen. The record shows that both the homeowner and the contractor breached the parties' work contract, so the magistrate properly apportioned liability between both of them, and the homeowner's appeals based on the magistrate shifting the burden of proof to her, disallowing her from calling witnesses, and awarding the contractor damages for her failure to pay him for electrical work all fail.
Court: Virgin Islands Supreme Court, Judge: Swan, Filed On: March 26, 2024, Case #: 2024 VI 15, Categories: damages, contract
J. Leichty denies various insurers' motions for judgment as a matter of law. The owner of a warehouse whose property was damaged in a flood sued several insurance companies for breach of contract, which were found to be liable for various environmental and electrical damages. The jury was not unreasonable by taking the most conservative estimate for environmental remediation. The owner presented sufficient evidence for the jury to find the insurers acted in bad faith in coopting the expert engineer the owner hired for representation to protect the insurers.
Court: USDC Northern District of Indiana, Judge: Leichty , Filed On: March 22, 2024, Case #: 3:21cv227, NOS: Insurance - Contract, Categories: Insurance, damages, contract