130 results for 'cat:"Business Practices" AND cat:"Contract"'.
J. Cook partly grants soda wholesalers’ motion for a writ of mandamus to vacate orders granting motions in limine that would exclude evidence regarding the original soda company’s competitive privilege and enforcement program that enforces the prohibition of bottlers selling in non-approved territories and importing from larger out-of-state wholesalers.
Court: Alabama Supreme Court, Judge: Cook , Filed On: December 15, 2023, Case #: SC-2022-0881, Categories: Trade, business Practices, contract
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J. Rufe grants a loan advancer’s motion to compel arbitration and dismiss this complaint wherein a company says the advancer wrongfully recorded a financing statement for the company, created fraudulent loan documents for it, and unlawfully froze some of its receivables. The parties are bound by an arbitration agreement.
Court: USDC Eastern District of Pennsylvania, Judge: Rufe, Filed On: December 15, 2023, Case #: 2:22cv3249, NOS: Other Contract - Contract, Categories: Arbitration, business Practices, contract
J. Bryan finds the lower court improperly ruled when holding a factoring company in contempt of court for not complying with a subpoena, as the discovery did not meet foreign state requirements of North Carolina, where the company is based, instead of Alabama. Reversed.
Court: Alabama Supreme Court, Judge: Bryan, Filed On: December 15, 2023, Case #: SC-2023-0027, Categories: business Practices, Discovery, contract
J. Kim partially grants the sued spinal implant manufacturer’s motions in limine against the suing spinal implant manufacturer. This dispute over two competing “expandable cage” spinal implant products that perform the same function will go to jury trial in January 2024. The suing manufacturer accuses the defendant of stealing its design. The court, on the defendant’s motion, bars the suing manufacturer from producing “ambiguous, misleading or new evidence of alleged trade secret misappropriation,” as well as making other claims about the defendant’s product. The court will allow other controversial materials and topics, such as the actions of the defendant’s parent company, to be brought up at trial.
Court: USDC Northern District of Illinois, Judge: Kim, Filed On: December 11, 2023, Case #: 1:19cv7092, NOS: Other Contract - Contract, Categories: Trade Secrets, Interference With contract, business Practices
J. Mendheim finds the circuit court properly ruled that sellers of a hemophilia company had the right to enforce payment of a promissory note. The debtors' argument that the sellers did not prove who possessed the note is without merit. The case is remanded to allow further explanation of the calculation of the attorney fees and expenses. Affirmed in part.
Court: Alabama Supreme Court, Judge: Mendheim, Filed On: December 1, 2023, Case #: SC-2023-0058 , Categories: business Practices, Attorney Fees, contract
J. Choe-Groves denies the corporate plaintiff's motion for a preliminary injunction and grants in part the individual defendants' motion for partial summary judgment in this lawsuit arising from an asset purchase and sale agreement for certain business assets. The corporate plaintiff's request for a preliminary injunction is denied as moot, as the requested relief has already expired. Summary judgment is granted to the individual defendants, who sold the business assets at issue, as to certain claims, including fraudulent inducement, unfair competition and false designation of origin under the Lanham Act.
Court: USDC Northern District of Oklahoma , Judge: Choe-Groves, Filed On: December 1, 2023, Case #: 4:19cv145, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, business Practices, contract
J. D’Angelo affirms most of the summary judgment in favor of a farm which was sued by a financing firm. The farm told the firm it would no longer need its services once a real estate company procured financing for its project, even though the farm had agreed to give the firm exclusive authorization to procure equity on the farm’s behalf. The firm did not have an exclusive right to work on the farm’s behalf, but summary judgment is vacated where it concerns the regulation of business practices for consumer protection, because there is evidence the farm intentionally misled the firm to believe it was agreeing to something more exclusive than it actually was.
Court: Massachusetts Court Of Appeals, Judge: D’Angelo, Filed On: November 29, 2023, Case #: 22-P-630, Categories: business Practices, Business Expectancy, contract
J. Rochon denies the cleanroom manufacturer's motion to strike the purchaser's request for a jury trial in this contract dispute over a $2.6 million deal for the construction of two cleanrooms used for the construction of electronics. In addition, the manufacturer allegedly charged an additional $1 million to the company's credit card for purchases unrelated to the contract. The company may pursue an unjust enrichment claim separate from its breach of contract claim for these unauthorized credit card charges.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: November 9, 2023, Case #: 1:23cv2082, NOS: Other Contract - Contract, Categories: Negligence, business Practices, contract
J. Rochon denies the third-party seller's motion to vacate an arbitration award in favor of Amazon based on the e-commerce giant's withholding of $524,000 in payments due to the seller's violation of its policy regarding incentives for positive reviews. The arbitrator ultimately allowed Amazon to keep $100,000 of the funds as a penalty for the company's policy violation and based on evidence that the company used a false identity to mask its true owners. There is no public policy ground to vacate the award, and the damages are reasonable given the difficulty in quantifying the impact to Amazon's brand and reputation.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: November 7, 2023, Case #: 1:23cv3334, NOS: Arbitration - Other Suits, Categories: Arbitration, business Practices, contract
J. Byrne finds the court of appeals properly ruled against an investor who sued the members of a company, claiming he was also a member who had a stake in real estate it had purchased. Looking at the plain language of the agreement establishing membership to the company, the investor was required to make capital contributions. Because those contributions were never made, he cannot be considered a member under the agreement. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: October 20, 2023, Case #: 03-21-00513-CV, Categories: Corporations, business Practices, contract
J. Rodriguez finds a lower court ruled correctly in granting a directed verdict to a businessman after he was sued by a former business partner seeking equitable contribution following a lawsuit with a subcontractor. The former business partner cannot bring an equitable contribution case because she offered “no evidence” that she made “a compulsory payment of more than her fair share of the parties’ common obligation.” Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: October 19, 2023, Case #: 08-23-00031-CV, Categories: Damages, business Practices, contract
J. Kleeh grants the ski resort's motion for judgment on the pleadings in its dispute with a hotel owner claiming the resort breached the amenities and privileges provision in the recreational covenant of its 1979 deed when it failed to offer a "Lift Ticket Guarantee" to all hotel guests during the early stages of the Covid-19 pandemic. The recreational covenant in the deed between the resort's and hotel owner's predecessors is a personal, and not real property, covenant.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: October 10, 2023, Case #: 2:22cv18, NOS: Other Contract - Contract, Categories: Property, business Practices, contract
J. Copenhaver grants the law firm's motion for summary judgment in the medical supply company's breach of contract suit against it and their client - a medical products distributor - for unauthorized disbursement of the lion's share of a $364,000 cashier's check that was to be held in escrow for payment of personal protective equipment. There is no genuine issue of material fact that the contract was between the company and the distributor, and the law firm was only acting as the distributor's agent.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: October 5, 2023, Case #: 2:21cv400, NOS: Other Contract - Contract, Categories: business Practices, Covid-19, contract
J. Stearns denies a business manufacturing company's motion to stay this lawsuit, brought against it by an aluminum supplier, until there is an outcome to the business manufacturer's lawsuit against the aluminum supplier in the Supreme Court of British Columbia. The two lawsuits differ enough that they can both occur simultaneously.
Court: USDC Massachusetts, Judge: Stearns, Filed On: September 19, 2023, Case #: 1:23cv11431, NOS: Other Contract - Contract, Categories: business Practices, Warranty, contract
J. Casper denies a bike tour company's motion to dismiss claims brought against it by a Salem company relating to the purchase of a defective 15-person bike. The bike tour company claims the court lacks personal jurisdiction, but members of the bike tour company communicated with the Salem company representative while they were in Salem by phone, e-mail and text to transact business.
Court: USDC Massachusetts, Judge: Casper, Filed On: September 18, 2023, Case #: 1:21cv11418, NOS: Other Contract - Contract, Categories: Jurisdiction, business Practices, contract