224 results for 'cat:"Damages" AND cat:"Contract"'.
J. Rowland partially grants both a commuter rail service’s and a construction company’s motions for summary judgment on damage claims. This case is a contract dispute between the parties over a rail replacement project that the commuter rail paid the construction company to undertake. The construction company finished the project long after its contractual deadline, but it alleges that the delay was partly the commuter rail service’s own fault. The court will allow the commuter rail service to seek damages for structural steel storage, crosshole sonic logging testing, field office credit, additional review and subcontractor mechanic liens. The construction company can pursue damages for late payments plus interest.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: March 20, 2024, Case #: 1:20cv2901, NOS: Other Contract - Contract, Categories: Construction, damages, contract
J. Jackson denies a magistrate judge’s recommended amount of $84,000 in contractual damages for a prevailing contractor’s failure-to-perform judgment against a fabricator of countertops. The recommendation would put the prevailing litigant in “a better position” than it would have been if the counter-top maker had performed as promised. stead, the prevailing contractor is awarded $68,000 in contractual damages and $46,000 in attorney fees.
Court: USDC Middle District of Louisiana, Judge: Papillion, Filed On: March 20, 2024, Case #: 3:19cv781, NOS: Other Contract - Contract, Categories: damages, Attorney Fees, contract
J. Garaufis finds two individuals liable on breach of contract claims for their failure to pay the principal or interest on a $2 million loan and awards the litigants the same amount in damages. The defendants fail to present any material evidence that would suggest they were fraudulently induced into signing the loan notes. The court directs the parties to recalculate how much the litigants are entitled to in unpaid and pre-judgment interest.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: March 18, 2024, Case #: 1:18cv7303, NOS: Negotiable Instrument - Contract, Categories: Fraud, damages, contract
J. Jenkins partially grants the suing personal protective equipment manufacturer’s motion to dismiss the defendant capital investment firm’s counterclaims, brought as part of an ongoing contract dispute between the parties. Both parties accuse the other, in various ways, of ruining a deal between them to make and sell personal protective equipment during the early days of the Covid-19 pandemic. In response to the manufacturer’s lawsuit and refusal to hand over $8 million in profits, the capital investment firm brought counterclaims for contract breach, conversion, accounting and violations of the Illinois Sales Representative Act. The court strikes the investment firm’s accounting claim and several affirmative defenses, and dismisses its conversion and Illinois Sales Representative Act violation claim. It may still pursue damages against the manufacturer in a limited capacity.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: March 18, 2024, Case #: 1:21cv1094, NOS: Constitutionality of State Statutes - Other Suits, Categories: damages, Accounting Malpractice, contract
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J. Marbley grants the buyer's motion for judgment on the pleadings, ruling that its inability to obtain sufficient electrical power to supply the commercial property gave it a legitimate reason to terminate the contract prior to closing and allow it to recover the $300,000 in earnest money, which must be returned by the seller.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 18, 2024, Case #: 2:22cv4280, NOS: Other Contract - Contract, Categories: Real Estate, damages, contract
J. Males finds a lower court properly dismissed a Japanese owned container ship company's contract claims against a maritime salvage service. The container ship company argued that the salvage service did not perform one time salvage services, but instead performed services via a pre- existent contract. However, the salvage service sufficiently showed in court that that the container ship company is entitled to pay remuneration for successfully refloating the vessel. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Males, Filed On: March 15, 2024, Case #: CA-2023-798, Categories: Maritime, damages, contract
J. Coulson recommends granting in part a home medical company’s motion for default judgment in this counterclaim contract dispute brought by a supply company. The counterclaim for breach of contract should be granted for liability against the supply company. However, the claims for negligent or intentional misrepresentation and promissory estoppel should be denied. It is also recommended that the medical company be awarded over $2.7 million in damages for the actual profits for the sale of medical gowns.
Court: USDC Maryland, Judge: Coulson, Filed On: March 15, 2024, Case #: 1:20cv2479, NOS: Other Contract - Contract, Categories: damages, contract
J. Zilly awards the consumer $3,900 in damages for his purchase of the ASC service contract and $182 for the Gateway Auto Repair emissions repairs for the consumer's lawsuit accusing the car dealer of selling vehicles with illegally altered emission controls. The consumer proves that he suffered both an “injury” and actual damages under the Consumer Protection Act because the car dealer did not disclose that the vehicle had a tampered turbocharger, tampered airbox and lacked VECI sticker constitute.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: March 13, 2024, Case #: 2:20cv1616, NOS: Other Contract - Contract, Categories: damages, Consumer Law, contract
J. Locke enters judgment against a construction materials vendor on an unjust enrichment claim and awards a fencing installer $3.3 million in damages. The court finds enough evidence was presented to prove the supplier significantly overcharged the installer for blades used to cut concrete, in some cases as much as 40 times more than the average price. The court further finds the supplier’s members personally liable for the damages.
Court: USDC Eastern District of New York, Judge: Locke, Filed On: March 6, 2024, Case #: 2:14cv2552, NOS: Other Contract - Contract, Categories: damages, contract
J. Kahn enters default judgment against an Algerian-based company on claims that it failed to pay the litigant $8 million for technology-related services performed under an agreement originally formed in 2003. The court finds the claims timely and the foreign company’s actions were willful. The court awards the litigant an additional $18 million in interest, for a combined total of $26 million in damages.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: March 6, 2024, Case #: 5:17cv424, NOS: Other Contract - Contract, Categories: damages, contract, Technology
J. Barrett finds the trial court properly entered summary judgment in favor of the mining company. A partner in the crystal mine brought this lawsuit seeking damages for an alleged breach of a nondisparaging agreement in a previous settlement providing for liquidated damages of $250,000 if the settlement was breached. The record shows no evidence the partner made reasonable efforts to secure another partner's deposition, and a resulting affidavit testifying to certain statements regarding alleged thievery, in breach of the nondisparaging agreement, is hearsay. The residual-hearsay exception is not applicable being that no compelling reason for attaching more than average credibility to the hearsay has been shown. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: March 6, 2024, Case #: CV-23-211, Categories: Evidence, damages, contract
J. Miller finds that the trial court improperly awarded $110,000 in loss of use damages to a homeowner in a negligence, fraud and breach of contract action against a specialty window seller. The homeowner alleges that her decks were demolished, her sunroom was not completed and the windows were not delivered. The trial court incorrectly calculated the damages. However, the trial court otherwise ruled properly in favor of the homeowner. There was sufficient evidence to allow the trial court to exercise personal jurisdiction over the window seller, including evidence showing that the seller transacted business in Georgia through its retention of an Atlanta-area agent. Reversed in part.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: March 1, 2024, Case #: A23A1262, Categories: damages, contract
J. Settle grants the insurance company summary judgment against bad faith, Insurance Fair Conduct Act and Washington Consumer Act claims in the nonprofit corporation's complaint that the insurance company wrongfully refused to defend the nonprofit in an underlying lawsuit. The insurance company has no duty to defend the nonprofit because the potential of a warrant of abatement and the cost of permits to continue using the property as a shooting range do not qualify as damages under the insurance policies.
Court: USDC Western District of Washington, Judge: Settle, Filed On: February 29, 2024, Case #: 3:11cv5021, NOS: Insurance - Contract, Categories: Insurance, damages, contract
J. Shepherd finds a lower court properly dismissed a hand sanitizer company's motion for a new trial concerning contract claims against a wholesaler. The hand sanitizer company argued that it was entitled to a new trial after a jury awarded the wholesaler upwards of a million dollars in damages. However, the wholesaler sufficiently showed in court that the hand sanitizer company consistently fluctuated its prices and delayed shipping times, which resulted in a loss of customers. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: February 28, 2024, Case #: 22-3570, Categories: Jury, damages, contract
J. Stone finds that the trial court properly awarded damages to a homeowner for defective work done on her home. The homeowner admitted evidence showing the worker mounted cabinets on visibly rotten studs and that the insulation he placed was wet. However, the award amount should be increased from $2,500 to $4,000 based on the homeowner's $4,000 payment to another worker to remedy the damages. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: February 28, 2024, Case #: 55,416-CA, Categories: damages, contract
J. Darrow grants a group of union trustees' motion to dismiss an electrical contractor's bid for reconsideration. The trustees sufficiently showed in court that the electrical contractor failed to pay past due contributions, damages, and attorney's fees.
Court: USDC Central District of Illinois, Judge: Darrow, Filed On: February 26, 2024, Case #: 4:18cv4045, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: damages, contract, Labor / Unions
J. Matsumoto enters partial default judgment and finds a mechanical engineering and fabrication firm and its owner jointly and severally liable for a client’s breach of contract claim and awards the client $200,000 in damages, plus pre- and post-judgment interest. The client successfully alleges the fabricator breached an agreement when it failed to design and build a machine that would convert plastic waste into fuel.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: February 26, 2024, Case #: 1:22cv250, NOS: Other Contract - Contract, Categories: damages, contract
[Consolidated.] J. Clark finds that the lower court properly declined to dismiss fiduciary duty claims brought by 10 car dealerships after their founder unilaterally froze them out of individual bank accounts. The founder failed to accept the role of a management group he established after the group removed his sole authority over the dealerships, which impeded not only their access to bank accounts but to manufacturer accounts and approvals. The dealerships were properly granted a preliminary injunction, but they may not have been assessed an appropriate undertaking. The issue should be remanded to set a sum that accounts for potential damage to the founder. Affirmed in part.
Court: New York Appellate Divisions, Judge: Clark, Filed On: February 22, 2024, Case #: CV-22-1961, Categories: damages, Fiduciary Duty, contract
J. Delaney finds the trial court properly denied the construction company's motion for judgment notwithstanding the verdict after the jury ruled in favor of the salon owner on its counterclaim for civil theft. Evidence in the record clearly established the construction company forged a receipt for one of the payments made by the salon, while the damages for the theft claim were also separate from those made in the contract counterclaim, which allowed both to be submitted to the jury. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: February 20, 2024, Case #: 2024-Ohio-634, Categories: Construction, damages, contract
J. Golemon finds the county court properly found for a mineral processor in an interlocutory appeal arising from a contract formation dispute involving how the processor requested the equipment provider submit its proposal for an equipment sale. The processor’s purchase orders do not incorporate the provider's proposals and attached terms and conditions. The processor is not bound by the terms and conditions that include a waiver of damages. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: February 15, 2024, Case #: 09-23-00028-CV, Categories: Energy, damages, contract
J. Lake grants, in part, a distribution company's motion for summary judgment in a contract action. It shows it had a valid credit agreement with the parties and provided $252,000 in goods, but did not receive payment.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: February 9, 2024, Case #: 4:22cv4522, NOS: Other Contract - Contract, Categories: damages, contract
J. Parker affirms the circuit court's dismissal of indemnification claims filed by a fired CEO of a coal mining company who argued that the basis for federal bribery charges that he was convicted on, being payments to avoid responsibility for cleanup costs of a polluted area, had received prior approval from the company's public-relations firm's ethics lawyers. The former CEO did not sufficiently plead claims for either common-law or contractual indemnification. Affirmed.
Court: Alabama Supreme Court, Judge: Parker, Filed On: February 9, 2024, Case #: SC-2022-0863, Categories: Corporations, damages, contract