1,683 results for 'nos:"Other Contract - Contract"'.
J. Bashant rules that a medical product solutions company may pursue fraudulent inducement claims against a diagnostic testing service. The medical product solutions company sufficiently alleges that the diagnostic testing service entered into a separate agreement with a third party to sell its products without remitting a portion of the revenues.
Court: USDC Southern District of California, Judge: Bashant, Filed On: May 1, 2024, Case #: 3:22cv785, NOS: Other Contract - Contract, Categories: Contract
J. Immergut dismisses the project developers' complaint alleging that the general contractor outsourced work for the project but still accepted the project developers' funds. The project developers do not adequately allege that the general contractor's owners made any material misrepresentations.
Court: USDC Oregon, Judge: Immergut, Filed On: May 1, 2024, Case #: 3:24cv151, NOS: Other Contract - Contract, Categories: Contract
J. Horan finds that a janitorial company did not violate the terms of all the individual contracts that a contracting agency terminated for failure to perform and other violations. The contracting agency’s evidence against the janitorial company indicating contract violations pertaining only to specific contracts cannot be extended as a reason to terminate all of the separate contracts for which the janitorial company brings the claims.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: May 1, 2024, Case #: 3:23cv94, NOS: Other Contract - Contract, Categories: Evidence, Contract
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J. Bashant finds in favor of BMW on the driver's warranty claims related to the used BMW she purchased from a used car dealership not affiliated with BMW. A used vehicle sold with a remaining balance on the original manufacturer's warranty is not a new vehicle under the Song-Beverly Consumer Warranty Act. Because all of the driver's claims rely on her vehicle being a new vehicle, they are legally foreclosed.
Court: USDC Southern District of California, Judge: Bashant, Filed On: April 30, 2024, Case #: 3:22cv1749, NOS: Other Contract - Contract, Categories: Warranty, Contract
J. Cole denies, in part, the payroll company's motion to dismiss, ruling that while the previous state court lawsuit filed by the trucking company involved the same parties and issues, its dismissal was not a decision on the merits that would preclude the trucking company from filing this federal lawsuit. However, because the unjust enrichment claim is based on the same conduct as the contract claim and is governed exclusively by the terms of the contract, it must be dismissed as duplicative.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: April 30, 2024, Case #: 1:23cv655, NOS: Other Contract - Contract, Categories: Civil Procedure, Contract
J. Tunheim partially grants the mobile home park buyer's motion for summary judgment in its suit against the seller. While fact disputes remain as to the terms of the parties' contract, the seller's counterclaims for breach of good faith and fair dealing and breach of contract fail as a matter of law.
Court: USDC Minnesota, Judge: Tunheim, Filed On: April 30, 2024, Case #: 0:23cv1559, NOS: Other Contract - Contract, Categories: Property, Contract
J. Tunheim grants a motion to correct clerical errors in a prior order on an arbitration award, but denies motions to stay enforcement of a judgment, to expedite, and to alter or correct that judgment and adopts a magistrate judge's report and recommendation, while denying attorney's fees to all parties.
Court: USDC Minnesota, Judge: Tunheim, Filed On: April 30, 2024, Case #: 0:17cv5009, NOS: Other Contract - Contract, Categories: Arbitration, Civil Procedure, Attorney Fees
J. Tunheim partially grants the construction companies' motion to amend a judgment they have obtained in an action surrounding a failed construction project. Damages awarded in the judgment are duplicative, so they are amended to a damage amount of $6,019,563.98, but pre-judgment interest is awarded at a rate of 10% for fraud damages and 1% for breach-of-contract damages, and post-judgment interest is awarded at a rate of 5.01%.
Court: USDC Minnesota, Judge: Tunheim, Filed On: April 30, 2024, Case #: 0:19cv3174, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Castner transfers this case, in which a laboratory claims that health care organizations failed to pay for completed test orders including Covid-19 tests. The health care organizations are based in Texas and, while federal jurisdiction is appropriate, the New Jersey district court lacks personal jurisdiction. The case is transferred to the Southern District of Texas.
Court: USDC New Jersey, Judge: Castner, Filed On: April 30, 2024, Case #: 4:24cv1642, NOS: Other Contract - Contract, Categories: Health Care, Jurisdiction, Contract
J. Beetlestone denies, in part, a cultured meat bioreactor equipment maker’s motion for a declaratory judgment in this case against a plant-based food company over failure of payment. The maker does not argue that the declaratory judgment it seeks, that the parties never actually entered into certain amendments in the contract, would “terminate the uncertainty or controversy” around the relevant issue.
Court: USDC Eastern District of Pennsylvania, Judge: Beetlestone, Filed On: April 30, 2024, Case #: 5:23cv1091, NOS: Other Contract - Contract, Categories: Civil Procedure, Contract
J. Reiss grants the bank’s motion to stay the action and refer to arbitration in this employment agreement dispute brought by a former executive president who says his assets had been converted. The court found the arbitration clause to be broad as to all disputes related to the employment agreement, and the arbitrator needs to decide the issues of arbitrability.
Court: USDC Vermont, Judge: Reiss, Filed On: April 29, 2024, Case #: 2:23cv274, NOS: Other Contract - Contract, Categories: Arbitration, Employment, Contract
J. Winmill denies a heavy equipment auction site's motion for reconsideration regarding a buyer's allegations of breach of contract, fraudulent misrepresentation and unjust enrichment after the machine it purchased arrived with missing parts. The buyer requested a refund and alleges that the auction site never responded. The auction site's motion for summary judgment was denied without a written opinion by a visiting judge, the matter was reassigned to a new judge, and the auction site filed a motion for reconsideration of the denial of summary judgment. There is no evidence of "clear error" by the visiting judge as a material dispute of fact remains regarding whether the company that listed the machine on the auction site was an undisclosed principal.
Court: USDC Idaho, Judge: Winmill, Filed On: April 29, 2024, Case #: 3:21cv150, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Doughty grants a request by the former wife of a businessman whose two brothers and a national baby products manufacturer sued his former spouse for breach of contract and unjust enrichment related to the couple's alleged failure to reimburse to the Louisiana-based company a total of $1.7 million for unauthorized personal expenses on company credit cards. The two brothers and the baby products-maker have not made a clear showing of minimum contacts to the state sufficient to hale their brother's ex-wife into a Louisiana court. The former spouse says she is domiciled in Florida and she was never party to a contract in Louisiana.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: April 26, 2024, Case #: 3:23cv452, NOS: Other Contract - Contract, Categories: Jurisdiction, Contract
J. Frimpong grants the Nevada corporations a default judgment of $1.3 million in damages for their complaint that the construction company's subcontractors did not complete the unfinished work left by non-party Icon Identity Solutions. The construction company's lack of participation in this litigation would prejudice the Nevada corporations without default judgment. Also, the Nevada corporations successfully plead that the subcontractors did not uphold their end of the parties' deal.
Court: USDC Central District of California, Judge: Frimpong, Filed On: April 26, 2024, Case #: 8:22cv30, NOS: Other Contract - Contract, Categories: Damages, Contract
J. Cogburn denies a hotel corporation’s partial motion to dismiss allegations of breach of contract brought by a class of guests. The guests claim they were placed on a “Do Not Rent” list after they complained about room conditions, but were not made aware of this fact. So, when they went to make reservations within the same hotel franchise again, they were allowed to make non-refundable payments in advance but then barred from staying in the rooms they’d paid for. The franchises refused refunds, saying they were invalid. The guests are correct that the corporation is responsible for its employees, including those of its franchises, so they may proceed.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: April 26, 2024, Case #: 3:22cv663, NOS: Other Contract - Contract, Categories: Corporations, Class Action, Contract
J. Reiss denies a third-party investment company’s motion to reconsider the court’s order denying its motion to stay discovery in this negligence and contract dispute between Vermont’s financial regulation agency and an accounting firm. The investment company’s former managing member’s motion for reconsideration is granted, however, in seeking stay, the investment company and managing member failed to submit a copy of the criminal indictment that contained false financial statements in an insurer’s liquidation. The managing member’s request for adverse inference immunity is denied as moot. The accounting firm requested a motion to compel, but only the investment company is compelled to comply with the discovery schedule. Its request for attorney fees and cost are denied at this stage but, the court warns the investment company that further non-compliance may result in sanctions.
Court: USDC Vermont, Judge: Reiss, Filed On: April 26, 2024, Case #: 2:21cv273, NOS: Other Contract - Contract, Categories: Negligence, Discovery, Contract
J. Seabright denies reconsideration and a motion to stay an order to quash issued against owners of a copyrighted film that subpoenaed the communications company for its subscribers’ information. The communications company merely assigning IP addresses to its users does not constitute a referral to copyrighted material nor does not preventing its routing or filtering equal transmitting the material. Because the communications company has previously worked with the owners and committed to preserving the information regardless of subpoenas or quashes, staying is not necessary.
Court: USDC Hawaii, Judge: Seabright, Filed On: April 26, 2024, Case #: 1:23cv426, NOS: Other Contract - Contract, Categories: Communications, Copyright, Evidence
J. Wood partially rules in favor of the employee and the executive in a breach of contract and fiduciary duty action brought by the insurance brokerage firm for violating their employment agreements. The employee's motion for summary judgment is granted as to the firm's claims for breach of non-compete covenant and breach of confidentiality and non-disclosure covenants regarding all clients except one. However, the employee's motion is denied with respect to claims for breach of fiduciary duty, breach of non-solicitation, employee non-interference and confidentiality covenants for information on one client. Genuine issues of fact exist as to whether the employee breached his non-solicitation covenant but undisputed evidence shows that the executive did not breach hers. There is a factual dispute as to whether the executive violated her confidentiality and non-disclosure covenants.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: April 26, 2024, Case #: 4:23cv54, NOS: Other Contract - Contract, Categories: Employment, Fiduciary Duty, Contract
J. Graham grants, in part, the cell tower operator's motion for summary judgment, ruling the property owner's placement of a padlock on the gate to bar access to the cell tower is undoubtedly a breach of the parties' lease agreement, while the potential loss of cell service or subscribers is sufficient to prove damages. Therefore, the tower operator is entitled to an injunction to require the property owner to remove the padlock and allow unfettered access to the tower.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: April 25, 2024, Case #: 2:23cv764, NOS: Other Contract - Contract, Categories: Property, Contract, Injunction