141 results for 'cat:"Interference With Contract" AND cat:"Contract"'.
J. Parker finds that the district court improperly dismissed antitrust and tortious interference claims by one drugmaker against another in a dispute over delivery of a prescription medication to treat an eye condition that can cause blindness. The product market to be considered should have been limited to the one-step prefilled syringe injection method, which plaintiff drugmaker claimed defendant drugmaker, working with a third-party "filler" they both used, attempted to dominate through anticompetitive, secret agreements. Furthermore, plaintiff drugmaker adequately alleges that it was kept from learning about defendant drugmaker's contractual interference until the statute of limitations expired. Reversed.
Court: 2nd Circuit, Judge: Parker, Filed On: March 18, 2024, Case #: 22-0427-cv, Categories: Antitrust, interference With Contract
J. Thompson grants a hospital and its chief of surgery’s motion to stay and compel arbitration in this employment dispute brought by a former employee. The employee must pursue her numerous claims, including fraud, negligence, sex discrimination, and assault and battery claims, through arbitration and this case is administratively closed pending the outcome.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: March 18, 2024, Case #: 2:22cv178, NOS: Employment - Civil Rights, Categories: Arbitration, Employment, interference With Contract
J. Poplin partially grants the business defendants' motion to compel discovery in this lawsuit brought by timeshare developers asserting claims under the Lanham Act and the Tennessee Consumer Protection Act, based on the defendants' alleged efforts to disrupt their valid timeshare contracts. The timeshare plaintiffs are required to respond to certain requests, including requests for documents related to "bad debt" and "exit fees" stemming from timeshare cancellations.
Court: USDC Eastern District of Tennessee , Judge: Poplin, Filed On: March 18, 2024, Case #: 3:20cv251, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law, interference With Contract, Discovery
J. Ludwig grants the technology services company's motion to dismiss three counts in the former employee's lawsuit in part claiming unpaid commissions and bonuses since her termination by the company in 2021. The employee's civil theft claim is improperly pleaded under a statute that does not apply to the alleged retention of her commissions and bonuses, and her tortious interference with contract and unjust enrichment claims cannot survive because they involve a "required" party that "cannot be feasibly joined" to the lawsuit.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: March 12, 2024, Case #: 2:22cv1400, NOS: Other Contract - Contract, Categories: Employment, interference With Contract
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J. Dorrian finds the lower court properly granted the state of Ohio's motion to dismiss the construction company's interference with a contract claim. Although the company's income fell significantly after certain projects were diverted to another agency within the state, the agencies assigning and completing the work are both arms of the state and, therefore, the company could not satisfy the outside party requirement of the claim. However, because evidence in the record shows the state agencies misled individuals about whether certain projects were covered by the construction company's services contract with the state, it has stated a viable contract claim, which will be reinstated upon remand. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Dorrian, Filed On: March 7, 2024, Case #: 2024-Ohio-824, Categories: Construction, Government, interference With Contract
J. Leinenweber denies the originally sued insurance firm’s motion to transfer this case to Utah, and partially grants the originally suing insurance and capital firms’ motion to dismiss their opponents’ fraud, conspiracy, wage law violation and tort claims. This is a convoluted contract dispute arising from a number of businesspeople who passed their insurance and capital firms between each other and spent time working for each other. Now, in claims and counter-claims, they accuse each other of business malfeasance of various stripes, which the court attempts to simplify in this ruling eliminating all but three claims several of the parties on both sides face.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: March 5, 2024, Case #: 1:23cv1109, NOS: Other Contract - Contract, Categories: Fraud, Tort, interference With Contract
J. Zimmerman finds that the trial court erroneously granted the steel building company's motion for judgment notwithstanding the verdict on the farm owners' interference with a contract claim. Although the company was entitled to file a mechanic's lien against the farm when the owners failed to pay for a barn, its refusal to remove a defective lien, which was incorrectly placed on the land and not the farm itself, interfered with the owners' relationship with its bank, who had a priority lien on the property. Meanwhile, the trial court should have granted the owners' motion for judgment notwithstanding a verdict on the building company's contract claim because its failure to deliver a building that met design specifications constituted a prior breach of the parties' agreement that excused the owners from further payments. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: February 26, 2024, Case #: 2024-Ohio-698, Categories: interference With contract, contract
J. Schumacher finds that the lower court properly held that a company did not interfere with a contract after an heir who borrowed money from the company to purchase property from an estate turned around and sold the property to the company because a second heir who disputed the sale did not have an enforceable contract with the estate. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: February 21, 2024, Case #: 23-0564, Categories: interference With Contract
J. Norris grants the defendant company's dismissal motion in this lawsuit alleging tortious and intentional interference with business relations, defamation and breach of contract. The plaintiff company's defamation claim fails, as its allegations "fail to raise a right to relief above the speculation level."
Court: USDC Western District of Tennessee , Judge: Norris, Filed On: February 9, 2024, Case #: 2:23cv2093, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, interference With contract, contract
J. Hurd preserves a hairstylist’s claims for defamation, intentional infliction of emotional distress and tortious interference with business relations that allege a beauty supply store in Schenectady, New York, falsely accused her of shoplifting and discussed the events in front of other customers, which ultimately hurt her business. She plausibly alleges the store’s allegations to local authorities were made with actual malice. The court also finds that the crime of shoplifting is considered a “serious crime” pursuant to a slander per se claim.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: February 8, 2024, Case #: 1:23cv666, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Emotional Distress, interference With Contract
J. Shea grants Anheuser-Busch's motion for summary judgment, ruling that while its agreement with the distributor gives it significant influence over day-to-day operations, it does not grant control of the company as understood by the Connecticut Liquor Control Act because the distributor is able to appoint its own management team and control the sale of its ownership stock, which renders the agreement enforceable.
Court: USDC Connecticut, Judge: Shea, Filed On: February 7, 2024, Case #: 3:20cv1003, NOS: Other Contract - Contract, Categories: interference With contract, contract
J. Wolfson compels the release of documents in claims contending an administrator worked with pharmacy benefit managers to reclassify essential drugs as non-essential to maximize profits at the expense of insurers. The company has an obligation to search documents, even if some are privileged, since production can be withheld later on. Meanwhile, the parties should confer on a narrow set of search terms to determine if certain financial documents should be produced.
Court: USDC New Jersey, Judge: Wolfson , Filed On: February 6, 2024, Case #: 2:22cv2632, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Insurance, interference With Contract, Discovery
[Consolidated.] J. Brody finds that one of two trial courts hearing aspects of the same dispute over allegedly poached employees and trade secrets abused its discretion when it increased an award from $1 million to $2.3 million, as the award was not the result of passion or prejudice, and its injunctive order was overly broad. The second trial court properly held that the preliminary injunction was overly broad and unenforceable since it restrained lawful conduct. Reversed in part.
Court: Idaho Supreme Court, Judge: Brody, Filed On: February 2, 2024, Case #: 49418, Categories: Trade Secrets, Damages, interference With 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
Vice Chancellor Zurn denies the former officers' summary judgment motion seeking advancement of litigation fees and expenses in a federal action asserting fraud and contract claims. As a gating issue, an arbitration provision in the company's operating agreement is inapplicable, and because the operating agreement was amended and then supplanted by a new agreement, the former officers' advancement rights may have been repealed.
Court: Delaware Chancery Court, Judge: Zurn, Filed On: January 17, 2024, Case #: 2023-0813-MTZ, Categories: Fraud, interference With Contract, Attorney Fees
J. Hart finds the undifferentiated fee clause in the attorney's employment contract that required him to pay a certain amount for each client that followed him when he left the law firm is a direct intrusion on the attorney-client relationship and violates the Colorado rules of professional conduct. Therefore, the clause is void under public policy. Affirmed in part.
Court: Colorado Supreme Court, Judge: Hart, Filed On: January 16, 2024, Case #: 2024CO1, Categories: interference With contract, contract
J. Hendon finds the business owner's motion for a petition of certiorari in her dispute with the former vice president and general counsel of one of her businesses including fraud, misrepresentation and breach of contract claims must be granted. The portion of the trial court's partial final judgment calling for the immediate execution of an order demanding a $126,808 payment from the business owner is quashed, in part because "intertwined factual matters" in the case still need to be resolved.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: January 10, 2024, Case #: 22-1941, Categories: Fraud, interference With Contract, Enforcement Of Judgments