68 results for 'cat:"Tort" AND cat:"Contract"'.
J. Conley finds partially in favor of Hyundai and Genesis in a lawsuit from a car dealer claiming they breached the parties' contract by essentially forcing the dealer to close its Genesis dealership on the eve of a sale its Genesis and Hyundai dealerships to a third party, ultimately costing the dealer $2 million in the sale. Summary judgment is granted to Genesis on all the claims against it because the dealer has failed to allege that it is liable for Hyundai's conduct, denied to Hyundai on all claims against it except a state-law claim regarding the timing of the notice given to the dealer regarding changes to their agreement and another state-law claim for intentional interference with contract, and denied to the dealer entirely. Genesis is dismissed as a defendant, and the remaining claims and parties will proceed to trial on January 22, 2024.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: December 8, 2023, Case #: 3:22cv322, NOS: Other Contract - Contract, Categories: tort, contract
J. Seeley finds the lower court properly found for an insurer and denied the policyholders' request for coverage under their home and umbrella policies in a car collision case. The injuries sustained by the passenger in the vehicle driven by the policyholders' son while intoxicated could not have occurred without the son's operation of a motor vehicle, and the policies at issue contain exclusions for non-covered vehicles. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: December 1, 2023, Case #: AC45933, Categories: Insurance, tort, contract
J. Rodriguez grants two home renovation companies’ motions to dismiss deceptive trade practices allegations brought by a custom cabinetry firm, claiming a former business development manager stole information to directly compete with the firm. The firm was unable to provide sufficient evidence that the manager absconded with specific information that would compromise the firm's business and give an advantage to the one company which hired her after she left the firm. Deception cannot be established because general information such as what the manager remembered about working at the firm, and customers' observation of how cabinets are installed in their homes for example, are not enough to support a claim of misappropriation of trade secrets under state or federal law.
Court: USDC Western District of North Carolina, Judge: Rodriguez, Filed On: November 21, 2023, Case #: 3:23cv186, NOS: Trademark - Property Rights, Categories: Trade Secrets, tort, contract
J. Ledet finds that the trial court should not have found for contractors on a worker's tort claims against the contractors regarding injuries sustained as a result of touching an exposed electrical wire protruding from a junction box while performing renovation work. There are genuine issues of material fact as to whether the contractors performed work in the area of the junction box with the protruding wire. The property owner testified that the remodeling work on the property included running electrical power to the new pool house. Further, the contractors testified that although the junction box in question was already on the property, the subcontractor was responsible for the electrical work to the new pool. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: November 15, 2023, Case #: 2023-CA-0357, Categories: tort, contract
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J. Smith finds that the lower court properly dismissed the appellant's negligence, negligence per se, trespass and nuisance claims, but improperly dismissed its contract claim, involving a lease for office and warehouse space. The tort claims at issue "belonged to the trusts" that owned the premises. The appellant's breach of contract claim, however, "is not without a basis in fact or law." Affirmed in part.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: November 9, 2023, Case #: 05-22-00820-CV, Categories: Landlord Tenant, tort, contract
J. Pellegrini finds that the lower court properly entered judgment against Domino’s after a jury found it vicariously liable for the negligence of a pizza delivery driver for one of its franchises, who collided with a motorcyclist while completing deliveries. The franchise agreement did not give Domino’s day-to-day control over the franchisee, so it is not liable under vicarious liability. Reversed.
Court: Pennsylvania Superior Court, Judge: Pellegrini, Filed On: November 8, 2023, Case #: J-A26040-22, Categories: tort, Premises Liability, contract
J. Xinis grants the school and host parent’s motion to dismiss this negligence and contract dispute brought by the parents of an exchange student, who say the student was sodomized by his host parent. The parents fail to make a plausible liability theory of negligence or state any facts which support the existence of an implied-in-fact contract. The parents’ motion for leave is granted to cure any defects as to the school only in their amended complaint.
Court: USDC Maryland, Judge: Xinis, Filed On: November 1, 2023, Case #: 8:22cv3117, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, Negligence, contract
J. Kennedy finds the lower court properly granted the former funeral home director's motion for summary judgment on misappropriation and tort claims. The funeral home's customer information regarding "preneed funeral contracts" was not a trade secret under Ohio law because it was provided to various employees and was available to the public through records requests. Meanwhile, because the tort claims brought by the funeral home were based on the same set of facts as the trade secrets claim, they were preempted. Affirmed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: October 12, 2023, Case #: 2023-Ohio-3687, Categories: Trade Secrets, tort, Interference With contract
Per curiam, the court of appeals finds that the trial court improperly dismissed with prejudice in favor of the appellees a second amended complaint for a “pay-on-death” beneficiary. The court granted this motion based on another similar case by reading the holding to broadly. The beneficiary had made no claim for tortious interference with the inheritance and the alleged bank accounts were owned by her outside the estate. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: October 6, 2023, Case #: 6D23-1351, Categories: tort, Trusts, Interference With contract
J. Soto finds a lower court erred in denying a motion to compel arbitration brought by a health care center after it was sued by a former employee in a slip and fall lawsuit. The employee argued an arbitration agreement she’d signed as part of her onboarding was not valid because it not explicitly state the parties to the arbitration agreement, but while the premises parties have indeed “failed to meet this burden,” they are “nevertheless entitled to compel arbitration,” including based on Texas Supreme Court precedent. Reversed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: October 6, 2023, Case #: 08-23-00033-CV, Categories: Arbitration, tort, contract
J. Hendon finds the trial court properly dismissed the condo owners' claims against the condo association over mold growth, staining and other water damages in their unit caused by leaks because they are time-barred by the relevant statute of limitations, and the owners have not pointed to any exception that applies to them based on evidence of new leaks or ongoing problems with previous leaks. Affirmed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: September 20, 2023, Case #: 22-1911, Categories: Property, tort, contract
J. Stadtmueller partially grants the third-party industrial equipment firm's motion in limine to block evidence at trial supporting the freezer manufacturer's tort and indemnification claims against it in the frozen pizza company's lawsuit over blast freezers the manufacturer provided that did not meet specifications. The manufacturer has failed to bring a viable contribution claim showing a "common obligation" in their separate contractual relationships with the frozen pizza company, so evidence related to that claim is barred, but the manufacturer's equitable indemnification claim has support and will move forward.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: September 19, 2023, Case #: 2:21cv516, NOS: Other Contract - Contract, Categories: tort, Indemnification, contract
J. Lobree finds the trial court improperly found against the worker in his lawsuit against the property tenant stemming from injuries he suffered while performing a fire safety inspection while working for a company hired by the tenant. The tenant is not entitled to worker's compensation immunity as the worker's "statutory employer" because it was not operating as a "contractor" that had sublet its "contract work" to the worker's employer at the time of the forklift accident that injured him, as it was not obligated to perform a job or service as part of its contract with the owner of the property it rented. The trial court's summary judgment order for the tenant is overturned and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Lobree, Filed On: August 30, 2023, Case #: 22-0661, Categories: tort, contract
J. Colloton finds a lower court improperly granted summary judgment in favor of a civilian who was injured after a City employee hit him with a vehicle. The civilian argued that the City's insurance policy covered up to $2 million in damages for injuries he suffered. However, the insurance company sufficiently showed in court that the policy limits for his recovery was $500,000. Reversed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 25, 2023, Case #: 22-2769, Categories: Insurance, tort, contract
J. Nunley refuses to find for an insurer on several individuals’ claims arising from a UIM coverage dispute. There are genuine issues of fact regarding their claims for punitive damages, bad faith, breach of contract and elder abuse.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: August 15, 2023, Case #: 2:21cv2215, NOS: Insurance - Contract, Categories: Insurance, tort, contract
J. Duffy finds that a lower court properly found in favor of a buyer who was sued by a seller after the buyer allegedly breached their contract by failing to purchase the seller's interest in an oilfield business. As the lower court established, the buyer was unable to find financing to complete the deal, and this financing was "a condition precedent to an enforceable contract." Affirmed.
Court: New Mexico Court of Appeals, Judge: Duffy, Filed On: July 26, 2023, Case #: A-1-CA-38912, Categories: Energy, tort, contract
J. Peterson partially grants motions in limine and to exclude expert testimony in the furniture retailer's breach of contract lawsuit claiming it is owed a refund for an order management system the e-commerce firm provided which failed to satisfy the retailer's requirements. The firm's motions in limine to exclude evidence about its failure to properly "size" the disputed project and to exclude evidence about whether it knew of the retailer's requirements and whether crucial software involved would meet those requirements are granted, as are two other related motions, and still two others involving evidence about the parties' agreements and whether the retailer can claim restitution are reserved. The retailer's motion to exclude expert testimony about the reasons for change in scope of the project and other details about its timing and scope are granted, and the retailer's motion for a ruling allowing it six days to present its case at trial is denied, as updated trial estimates will be discussed at the final pretrial conference.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: July 11, 2023, Case #: 3:21cv622, NOS: Other Contract - Contract, Categories: tort, Experts, contract
J. Griesbach finds for the disinfecting wipe manufacturer in its contract dispute with a company that agreed to purchase wipes the manufacturer made before the Covid-19 pandemic sparked labor and economic disruptions the manufacturer claimed kept it from meeting its minimum production requirements, prompting the company to partially terminate their agreement when it disagreed. The company's fraud in the inducement, tortious interference and bad faith counterclaims are dismissed because they are either unsupported by the alleged facts or are duplicative of other claims, and the only remaining issues to proceed are the manufacturer's breach of contract claim and the company's three breach of contract counterclaims.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: June 30, 2023, Case #: 1:21cv1199, NOS: Other Contract - Contract, Categories: Fraud, tort, contract
J. Duffin finds in favor of the plastic bag manufacturer in a lawsuit from a nutritional supplement company bringing breach of contract, warranty, conspiracy and other claims over thousands of defective bags the manufacturer made for the company's products. The manufacturer's motion to dismiss is denied regarding personal jurisdiction over the case, but it is granted as to each of the company's six claims, as its two warranty claims and contract and negligence claims are barred by expired four-year statutes of limitation, and its conspiracy and fraudulent misrepresentation claims are barred by Wisconsin's economic loss doctrine. The company's case is dismissed with prejudice.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: June 29, 2023, Case #: 2:23cv305, NOS: Other Contract - Contract, Categories: tort, Warranty, contract
J. Duffin partially finds in favor of the foodstuffs packaging company in a lawsuit it brought against the cookie dough company over nonpayment for packaging products it provided. The packaging company's motion for judgment as a matter of law is granted in that the individual guarantors are found to have breached a personal guaranty to pay for product they received and are liable to pay $132,000 for goods delivered between March and May of 2019, and the packaging company is also granted judgment as a matter of law as to the guarantors' misrepresentation claims under Wisconsin law.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: June 15, 2023, Case #: 2:20cv499, NOS: Other Contract - Contract, Categories: tort, contract
J. Albregts grants the refrigerator manufacturer's motion to quash the subpoena seeking to depose the company president in this suit brought on allegations that a refrigerator caught fire, damaging an RV and house. The company president is not a named party, but is the chairman/president and director of two named parties. A subpoena was unnecessary to depose him.
Court: USDC Nevada, Judge: Albregts , Filed On: June 15, 2023, Case #: 2:21cv2167, NOS: Contract Product Liability - Contract, Categories: tort, Product Liability, contract
Per curiam, the appeals court finds the trial court improperly denied the logistics provider's motion to amend its complaint against two of its former employees alleging tortious interference, breaches of the duty of loyalty and civil conspiracy to seek punitive damages. The logistics provider has made a "reasonable showing" of a "reasonable basis" for punitive damages, including by providing emails and text messages allegedly showing the two former employees conspiring with a competitor to solicit the provider's employees and to secretly take over one of the provider's offices for the competitor's benefit. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: June 2, 2023, Case #: 23-0235, Categories: tort, Damages, Interference With contract
J. Kocoras partially grants the defendant golf glove manufacturer’s motion for summary judgment on contract and unjust enrichment claims brought against it by the plaintiff golf accessory company. A prior contract between the two parties, for the manufacturer to produce gloves for the accessory company, fell through in 2019. The court sides with the manufacturer as to the accessory company’s trade secret misappropriation claim, but allows its contract breach, unjust enrichment and tortious interference claims to proceed.
Court: USDC Northern District of Illinois, Judge: Kocoras, Filed On: June 2, 2023, Case #: 1:20cv70, NOS: Other Contract - Contract, Categories: Trade Secrets, tort, contract