60 results for 'cat:"Settlements" AND cat:"Contract"'.
J. Theofanis finds that the district court improperly ruled against the heir in his lawsuit seeking to force the county to abide by a decades-old agreement to name a library after his uncle. A fact issue concerning when the heir’s claims accrued exists, so the district court should not have dismissed the case as being time-barred. Reversed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: December 8, 2023, Case #: 03-22-00405-CV, Categories: Government, settlements, contract
J. Staton partially grants the consumers' motion for attorney fees for their complaint asserting that Mercedes-Benz USA sold them a vehicle with serious defects, including “powertrain system defects, engine defects and other serious nonconformities.” The consumers' counsel submits reasonably detailed billing records for 30.7 attorney hours for three attorneys, but their claim that their possibly delayed time spent on a $59,000 settlement offer does not justify the costs incurred after Jul. 10, 2023, when MBUSA removed this case to federal court.
Court: USDC Central District of California, Judge: Staton, Filed On: November 28, 2023, Case #: 2:23cv5532, NOS: Other Contract - Contract, Categories: settlements, Attorney Fees, contract
J. Hixson finds the trial court properly entered summary judgment in favor of the car wash owner in this dispute over the sale of several car washes. A settlement agreement was executed by the parties to resolve disputes arising from the seller’s creation of additional companies to effectuate the sale. The purchaser paid himself a $100,000 commission for the project’s closure and withheld this amount from the sale price plus six month’s wages for the seller’s hiring of two of the purchaser’s employees. No party agreed in writing to pay a broker’s commission pursuant to the settlement agreement. The second amended counterclaim alleging contract breach and the third-party complaint contain new and relevant allegations and evidence and the trial court’s dismissal is reversed. Affirmed in part. Reversed in part and remanded.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: November 8, 2023, Case #: CV-21-461, Categories: Commerce, settlements, contract
J. Muniz finds that the court of appeal properly ruled in claims asking whether uninsured motorist payments made after a car collision should be off set by damages awarded in claims stemming from the same collision. "A settlement made by an insurance company on a bad faith claim is not a collateral source" under the ruling statute. Affirmed.
Court: Florida Supreme Court, Judge: Muniz, Filed On: November 2, 2023, Case #: SC2021-1580, Categories: Insurance, settlements, contract
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Black grants the nursing students' motion for final class certification and approval of their settlement with the university, ruling class requirements are met because all of the students' claims deal with similar sets of facts related to the university's refusal to refund lab and clinical fees when portions of the curriculum were canceled during the Covid-19 pandemic. Therefore, the $750,000 settlement award is approved, while the class's motion for attorney fees will also be granted in the amount of $250,000.
Court: USDC Southern District of Ohio, Judge: Black, Filed On: October 3, 2023, Case #: 1:20cv539, NOS: Other Contract - Contract, Categories: Education, settlements, contract
Vice Chancellor Will finds that a tobacco company that sold off four of its brands while paying legacy settlement payments to Florida should be granted summary judgment requiring that the buyer indemnify the company for annual payments, though not for certain fees paid to Florida lawyers. Fact intensive issues not appropriate for review under summary judgment should be resolved at trial.
Court: Delaware Chancery Court, Judge: Will, Filed On: October 2, 2023, Case #: 2017-0129-LWW, Categories: settlements, Indemnification, contract
J. Barker grants the insurer's motion to dismiss a policyholder's counterclaims, ruling evidence in the record establishes she failed to inform the company of negotiations before she entered into a settlement with the estate and that no exception to the policy language involving settlements applies. Therefore, the conditions for the insurer's affirmative defense to the breach of contract counterclaims are met.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: September 19, 2023, Case #: 1:21cv1981, NOS: Insurance - Contract, Categories: Insurance, settlements, contract
J. Miler finds the trial court improperly found against the former wife in her lawsuit over allegedly fraudulent transfers of funds by her former husband and the consulting company. The trial court incorrectly determined it lacked authority to extend an expired lis pendens the wife recorded with the clerk of court, which is necessary to protect her interests in a property against the claims of third-party lien holders. The wife's petition for certiorari is granted and the trial court's order is quashed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: August 30, 2023, Case #: 23-1180, Categories: Property, settlements, contract
J. Rubin grants a construction firm’s motion for summary judgment following its allegations of breach of contract with its subcontractor, which filed a counterclaim for the same reason. The two had an agreement while working on construction of a FedEx facility, and previously a dispute was settled as to the balance owed by the firm to the subcontractor, but the subcontractor claimed the firm did not fulfill all of it obligations. However, the subcontract continued to be in effect after the settlement was reached and obligates the subcontractor to complete work before the firm is obligated to pay its balance.
Court: USDC Maryland, Judge: Rubin, Filed On: July 11, 2023, Case #: 1:20cv3783, NOS: Other Contract - Contract, Categories: Construction, settlements, contract
J. Peterson finds in favor of the patent holder in his lawsuit alleging the medical supply company breached a settlement agreement from his previous patent infringement suit by ceasing paying him royalties from the sale of certain medical products covered by his patent. Even in light of a claim construction of the patent in a recent federal circuit court decision, the settlement agreement requires the company to pay the disputed royalties, and the company's unreasonable interpretation allowing it to avoid paying and revive litigation would undermine the central, unambiguous purpose of the agreement. The patent holder's motion for judgment on the pleadings as to the company's liability is granted, the company is ordered to pay him $498,178 in withheld royalties and the parties are ordered to bring filings arguing whether he is entitled to prejudgment interest.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: June 27, 2023, Case #: 3:22cv381, NOS: Other Contract - Contract, Categories: Patent, settlements, contract
J. Tunheim denies the electronics conglomerate's motion for judgment as a matter of law and grants the MRI technology licensor's motion to amend its judgment against the conglomerate to include pre- and post-judgment interest. The conglomerate made "clear and definite promises" to the licensor when it purchased its assets and promised to move forward with the licensor's technology, so it is not entitled to judgment as a matter of law on the licensor's promissory estoppel claim. The licensor's calculation of prejudgment interest is too generous, since the conglomerate's $10 million verbal settlement offer does not supersede the legal effect of an earlier, smaller written offer, which was the definite monetary offer. Daily post-judgment interest is granted at $851.60 per day.
Court: USDC Minnesota, Judge: Tunheim, Filed On: June 27, 2023, Case #: 0:17cv1048, NOS: Other Contract - Contract, Categories: settlements, contract
J. Beetlestone grants in part Five Below’s motion for an award of legal costs after a jury ruled in its favor in a case with a hand sanitizer producer who failed to meet the requirements of the parties’ contract during the Covid-19 pandemic. Five below is entitled to reimbursement for costs incurred over transcript fees, travel and lodging, and other court costs.
Court: USDC Eastern District of Pennsylvania, Judge: Beetlestone, Filed On: June 21, 2023, Case #: 2:21cv1406, NOS: Other Contract - Contract, Categories: settlements, Attorney Fees, contract
J. Clark finds that the lower court improperly granted plaintiff's request to enforce a settlement agreement with her late father's wife over his retirement accounts. While the parties had exchanged preliminary views on a purported settlement, no "meeting of the minds" occurred on enforceable terms and an agreement had not been put on record in open court. Reversed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: June 15, 2023, Case #: 535122, Categories: settlements, Wills / Probate, contract
Per curiam, the appellate division finds that the trial court should have dismissed two counts in third-party claims contending a health care management services company failed to honor lease agreements. The parties did not raise triable issues of fact as to whether the release was void and failed to demonstrate the services company relied on misrepresentations regarding the agreements. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 9, 2023, Case #: CA 22-00098, Categories: settlements, Fiduciary Duty, contract
J. Wozniak finds the trial court incorrectly denied the motion to enforce a settlement agreement and unilaterally changed the terms in favor of the debtor. The agreed settlement in the amount of $60,000 was not paid in a timely manner, and there is no allowance for equitable "tweaking" in the terms of the agreement. Reversed.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: June 9, 2023, Case #: 6D23-0112, Categories: Debt Collection, settlements, contract
J. Gee finds in favor of the jewelry company for its claim alleging that it loaned the businessman $1 million to buy a large quality of "Air Queen" face masks from Sysco, and he did not repay it within 48 hours. The businessman asserts that the owner of the jewelry company must comply with oral promises to "get the masks sold" under their original settlement agreement, but their amended agreement precludes any oral promises, so the businessman cannot assert that the owner fraudulently induced him to sign the amended agreement.
Court: USDC Central District of California, Judge: Gee, Filed On: June 5, 2023, Case #: 2:22cv4494, NOS: Other Contract - Contract, Categories: Fraud, settlements, contract
J. Dysart finds that the trial court properly determined that all payments under a settlement agreement made by a business partner to a former financer, other than $856,000 in cash payments, are "revenue" payments rather than contingent earn out payments in exchange for the former financer's stock in the safety invention company. In this case, the settlement agreement was to settle all the legal disputes between the parties, and the ruling that "any payments made to [the former financer] in excess of the $865,000.00 . . . were revenue and should be treated as a taxable event" was reasonable. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: June 1, 2023, Case #: 2022-CA-0782, Categories: settlements, Business Practices, contract
J. Welch finds that the trial court partly erred in granting the boiler servicing company's cross motion for partial summary judgment in a dispute with its former president and a competing business over the alleged breach of a settlement agreement. The Louisiana statute that bans non-competition agreements applies to the settlement agreement in relation to the company's former president, and so the company may not seek liquidated damages from him for the alleged violation of the non-compete covenant contained in the settlement. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: May 31, 2023, Case #: 2022CA1225, Categories: settlements, contract
J. Bahr finds that the district court properly dismissed a dog wellness center's action against a company with prejudice. The company properly filed a motion to enforce settlement rather than submitting the issue to a jury. The parties entered into a binding and enforceable settlement agreement. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr , Filed On: May 30, 2023, Case #: 2023ND103, Categories: settlements, contract
J. Copperhite recommends an award for attorney fees and costs for over $1 million to one law firm after a second firm failed to provide evidence of expenditures related to a contract between the two. The first firm referred asbestos litigation clients to the second, and the parties agreed to share the awards from settlements. However, the second firm did not share any monies from 2,174 settlements.
Court: USDC Maryland, Judge: Copperhite, Filed On: May 22, 2023, Case #: 1:17cv2972, NOS: Other Contract - Contract, Categories: settlements, Attorney Fees, contract