115 results for 'cat:"Evidence" AND cat:"Contract"'.
J. Traum grants the equipment rental company's motion for summary judgment in its employment agreement-related against a former sales rep. The sales rep was hired pursuant to a noncompetition agreement and began communicating with a competitor about job opportunities after having a dispute with his supervisor. After this, the sales rep requested a copy of the agreement to ensure that he was complying with all restrictive covenants and created a 103-page list of customers by taking screenshots of customer information. Sufficient evidence supports the judgment.
Court: USDC Nevada, Judge: Traum , Filed On: March 5, 2024, Case #: 2:21cv2190, NOS: Other Contract - Contract, Categories: Commerce, evidence, contract
J. Vascura grants the shingle manufacturer's motion for summary judgment, ruling the homeowners have produced no expert testimony or other evidence to support their claim the shingles installed at their home were defective. Rather, the majority of their claims relate to the improper installation of the shingles by the roofing company; therefore, the manufacturer cannot be held liable.
Court: USDC Southern District of Ohio, Judge: Vascura, Filed On: March 5, 2024, Case #: 2:22cv3231, NOS: Contract Product Liability - Contract, Categories: evidence, Product Liability, contract
J. Gruber finds the county court properly denied the business owner's motion to enforce an alleged settlement agreement with the bank. The bank filed a complaint against the owner and his now ex-wife alleging two promissory notes, totaling nearly $200,000, executed by them in favor of the bank were in default. Although the owner says a subsequent divorce decree requires his ex-wife to assume responsibility for the notes, email communications show the parties did not have a completed agreement that could be enforced by a court. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: February 28, 2024, Case #: CV-23-115, Categories: evidence, Banking / Lending, contract
J. Campbell dismisses a materials science technology company's motion for preliminary injunction concerning trademark claims against a factory and former business associate in Asia. The factory and business associate sufficiently showed in court that it did not infringe on the company's plastic lined trays and lids when it accepted applications for new products, which were not based on the technology company's prototypes.
Court: USDC Arizona, Judge: Campbell, Filed On: February 26, 2024, Case #: 2:24cv93, NOS: Trademark - Property Rights, Categories: evidence, Trademark, contract
J. Mahan grants the law firm's motion for summary judgment on a claim for unpaid overtime wages filed by the widower of the late paralegal. The firm paid its paralegals on salary and did not keep detailed records of work schedules. Based on computer login and out records, and a lack of other substantive evidence, the paralegal did not meet her burden of producing sufficient evidence of overtime work to survive summary judgment. The widower's declaration that he observed his wife working at home does not create a factual dispute over whether the firm should have known that she may have worked overtime.
Court: USDC Nevada, Judge: Mahan , Filed On: February 20, 2024, Case #: 2:18cv960, NOS: Fair Labor Standards Act - Labor, Categories: Employment, evidence, contract
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J. Bishop finds the county court properly denied the property owner's complaint in a real estate dispute. The parties made an even, cashless trade of manufactured homes, one of which had an attached garage that was not part of the trade. The owner of the garage provided a purchase option, then, 9 months later, attempted to remove the garage after the other party, considering it abandoned, had begun using it. A text message shows the party in possession declined to purchase the garage, asking that it be removed. The owner did not reply to the message before eventually suing for the purchase price plus rent. Evidence of other property purchases indicated the owner had no intent to exercise rights of ownership. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: February 13, 2024, Case #: A-22-880, Categories: evidence, Property, contract
J. Hoyle finds the county court properly entered a default judgment in favor of a memorial company, which sued a funeral home for $33,000 owed on a consignment agreement for monuments. After proper service was made, no representative for the funeral home answered or appeared, and the funeral home director showed no evidence service was not perfected. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: February 7, 2024, Case #: 12-23-00202-CV, Categories: Debt Collection, evidence, contract
J. Aenlle-Rocha denies the PPE company summary judgment against the contract claim in the distribution service's lawsuit asserting that the PPE company must pay for one million KN95 face masks delivered during the Covid-19 pandemic, which were destroyed in a warehouse fire while the parties argued over the shipping method. The PPE company argues that the order was invalid because it did not contain material terms besides the quantity, description and price per mask, but there is currently no evidence that negates the parties' intent to enter the agreement. Until such evidence arises, the purchase order qualifies as a binding agreement.
Court: USDC Central District of California, Judge: Aenlle-Rocha, Filed On: February 2, 2024, Case #: 2:20cv8369, NOS: Other Contract - Contract, Categories: evidence, Covid-19, contract
J. Doughty grants summary judgment to an online delivery-service platform, dismissing claims in a class action that the company did not act in good faith when it offered new contract terms to certain restaurants. The service did not force the litigant-restaurants to sign a new contract with the higher rate. Instead, it offered the restaurants three new options, to which they could have opted out, but voluntarily decided to continue using. Although a higher rate is inconvenient, in this case, it is still below the industry standard and would not cause substantial hardship or detriment to the litigating restaurants.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: February 1, 2024, Case #: 2:19cv552, NOS: Other Contract - Contract, Categories: evidence, Class Action, contract
J. Kruger holds that the appeals court must revisit its rejection of the trial court's conclusion that an implied easement had been established over an eight-foot-wide strip of land. Though not favored by the law, an exclusive implied easement is recognized if it was the clear intent of the parties to the underlying land transaction. The appeals court must examine whether substantial evidence supports a finding that the long-term use of the strip by neighbors and their predecessors for a planter, wall and driveway established an intent to create an easement. Reversed.
Court: California Supreme Court, Judge: Kruger, Filed On: February 1, 2024, Case #: S275023, Categories: evidence, Property, contract
J. Marcel finds that the trial court properly granted the debtor's motion to annul a default judgment on a breach of commercial lease action. In this case, the debtor claimed that he was never an owner or shareholder of the company that leased the properties and that he only signed the lease under authority granted by the owner. Further, the debtor claimed that he was never properly served since the sheriff served a person performing remodeling work on his house. The remodeler testified that he did not remember what he did with the notice or that he told the judgment debtor about the legal papers. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcel, Filed On: January 31, 2024, Case #: 23-CA-195, Categories: evidence, contract
J. Johnson finds that the trial court should not have found for pipeline operators on the property owner's claim that the operators did not properly maintain canals on the property. In this case, there is a genuine issue of material fact as to whether the right of way contracts obligated the operators to pay for all property loss or damage “arising wholly or in part from or in connection with the existence, construction, maintenance, repair, operation, use, removal, alteration, reconstruction or removal of the aforesaid pipeline or canal." Reversed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: January 31, 2024, Case #: 2023-C-0785, Categories: evidence, contract
J. Chase finds that the trial court should not have granted a co-owner's motion for dissolution of the parties' company. In this case, the parties dispute whether it remains reasonably practical to continue the business, and the evidence submitted does not establish that dissolution is warranted. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: January 31, 2024, Case #: 2023-CA-0462, Categories: evidence, contract
J. Ashe denies summary judgment to the former employee of an environmental services company in the oil and gas industry on his argument that while his post-resignation tank-cleaning activities constitute a breach of the no-compete and non-solicitation provisions of his employment contract, those provisions are legally void and unenforceable because his old boss was not operating in any of the 64 Louisiana parishes and 150 Texas counties listed in their agreement at the time of execution. Because the restrictive covenant of the employment agreement complies with the law by listing specific areas where the former employee is prohibited from competing and because he engaged in tank cleaning in six of the listed areas when his employment was terminated, their employment agreement is valid.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: January 26, 2024, Case #: 2:23cv5042, NOS: Other Contract - Contract, Categories: Employment, evidence, contract
J. Popplewell finds a lower court improperly sentenced a Moroccan grains company director to a year in prison for contempt of court. The Moroccan grains company argued that the lower court improperly imposed a worldwide freezing order on its assets in connection to a failed agreement with a Swiss agricultural commodities establishment. However, the Swiss agricultural commodities establishment presented sufficient evidence in court that it attempted to hide its assets in order to avoid paying fines. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Popplewell, Filed On: January 25, 2024, Case #: CA-2023-323, Categories: Contempt, evidence, Interference With contract
J. Menendez grants the nursery and tree wholesaler's motions for summary judgment in the landscaper's suit against them alleging that they supplied trees infested by invasive moths, and denies the landscaper's motion for summary judgment. The landscaper has failed to provide sufficient evidence for its contention that the life stages of the spongy moth would have made it impossible for Canadian authorities to discover moths before their transport to the United States, and therefore has not established a factual dispute on that issue.
Court: USDC Minnesota, Judge: Menendez, Filed On: January 22, 2024, Case #: 0:22cv1291, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: evidence, contract
J. Love finds that the trial court properly dismissed a woman's action seeking repayment for money loaned to her former romantic partner for a vacation and for renovation work on the partner's house. In this case, more than three years elapsed since the loans were made. Therefore, the partner's exception of prescription was properly granted. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: January 17, 2024, Case #: 2023-CA-0526, Categories: Civil Procedure, evidence, contract
J. Cohen finds that the utility commission properly approved a contract purchasing renewable natural gas from out-of-state for greenhouse gas reduction requirements. The commission's findings are supported by the evidentiary record and did look into all alternatives for the least expensive planning. Affirmed.
Court: Vermont Supreme Court, Judge: Cohen, Filed On: January 12, 2024, Case #: 23-AP-084, Categories: Energy, evidence, contract
J. Thyer finds the circuit court properly entered judgment in favor the executrix of the will. The mother of the minor beneficiaries of the revocable trust was found to have violated the no-contest clauses of the will and trust, forfeiting her beneficiary interest. Among other things, she filed an action to remove the executrix, while the clear language of the will is meant to prevent the mother from exercising any control. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: January 10, 2024, Case #: CV-21-293, Categories: evidence, Wills / Probate, contract
J. Stephens dismisses a homeowner's claim against an inspector after her attic caught on fire shortly after insulation work was done on her home. In this case, the inspector presented evidence that it was not the contractor that performed the insulation work or any physical work on the property and only performed a pre- and post-inspection of the home to determine qualification for a weatherization program. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: January 10, 2024, Case #: 55,305-CW, Categories: evidence, contract
J. Boyter finds that the trial court properly awarded $953 in damages to a radiator shop owner against a repair shop for damages to a tractor while in possession of the repair shop. Based on testimony of a tractor mechanic, it would cost $953 to replace the hydraulic “pump, the UPS charges, the labor, and hydraulic oil.” Further, the testimony supports that the use of the tractor while in the repair shop's care damaged the tractor. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: January 10, 2024, Case #: 55,300-CA, Categories: evidence, contract
J. Stephens finds that the trial court should not have entered a default judgment in favor of the plaintiff company on the claim that a trucking company had wrongfully stopped payment on a check for automotive services rendered. The submitted documents, including written estimates and unsigned invoices, do not establish the amount sought, and the plaintiff company did not submit an itemized statement of account or invoices. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: January 10, 2024, Case #: 55,404-CA, Categories: evidence, contract
J. Helmick denies, in part, the pizza chain operator's motion for summary judgment, ruling too many factual disputes exist regarding terms of its franchise agreement with the development company, including what qualifies as opening a restaurant, to determine at this stage whether the development company met its obligations under the agreement.
Court: USDC Northern District of Ohio, Judge: Helmick, Filed On: January 5, 2024, Case #: 3:20cv2024, NOS: Franchise - Contract, Categories: evidence, contract
J. Pearson grants the insurer's motion for summary judgment, ruling evidence in the policyholder's medical history clearly indicates he had lymphoma at the time he applied for the relevant insurance policy, regardless of whether he had been diagnosed with the condition. Therefore, the insurer properly denied coverage because it was a preexisting condition.
Court: USDC Northern District of Ohio, Judge: Pearson, Filed On: December 29, 2023, Case #: 4:22cv1514, NOS: Insurance - Contract, Categories: evidence, Insurance, contract
[Consolidated] J. Herndon finds the trial court properly found in favor of the insured in a car collision-related dispute. The insurer failed to properly investigate the accident, and the jury's finding, based on substantial evidence, will not be overturned. Although the $150,000 in compensatory stands, the more than $1 million in punitive damages must be reversed because the trial court improperly allowed irrelevant testimony regarding other lawsuits against the company. Reversed in part.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: December 27, 2023, Case #: 85090, Categories: evidence, Insurance, contract
J. Doughty grants a request by two insurers to dismiss all claims by a Louisiana couple arising from unspecified damages to their home. The litigants are not named insureds, additional insureds, or third-party beneficiaries under the policy; therefore, they lack standing to enforce the insurance contract. Furthermore, because they have not sufficiently alleged the breach of contract claim, their bad faith claim also fails.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: December 27, 2023, Case #: 6:23cv803, NOS: Insurance - Contract, Categories: Civil Procedure, evidence, contract