305 results for 'cat:"Employment" AND cat:"Contract"'.
J. Xinnis grants a former employee’s motion for leave to file surreply and his cross-motion for summary judgment in this employment contract dispute brought by a staffing agency. The staffing agency alleges the employee sent confidential company information to his personal email address before starting a position with a competitor. In this second amended complaint, the staffing agency claims breach of contract, breach of duty of loyalty and conversion. The agency fails to show the employee deprived the corporation of a record that could be returned, offers no evidence that customers were solicited, and there is no evidence that he ever had exclusive possession of records. The agency’s motion for summary judgement is denied on all claims.
Court: USDC Maryland, Judge: Xinis, Filed On: March 26, 2024, Case #: 8:22cv1516, NOS: Other Contract - Contract, Categories: employment, contract
J. Barbadoro denies two brothers’ motion for summary judgment against their former employer, who is suing them after they retained its confidential information, solicited its clients and competed against it. While the brothers claim the non-compete and non-solicitation provisions of their employment agreements are unreasonable and therefore unenforceable, they are, in fact, enforceable.
Court: USDC New Hampshire, Judge: Barbadoro, Filed On: March 25, 2024, Case #: 1:21cv781, NOS: Other Contract - Contract, Categories: employment, Unfair Competition, Interference With contract
J. Barbier grants a request by a FEMA contractor conducting post-hurricane disaster mitigation work, dismissing breach of contract claims totaling $129,000 by a subcontractor hired to clear mud and debris. The amount in dispute arose from work the subcontractor’s workers mistakenly performed at the direction of an individual who turned out to be representing another subcontractor at the same work site. The subcontractor sent corresponding invoices to the disaster mitigation business only to discover the FEMA contractor was not invoicing or receiving payment for the litigant-subcontractor's services. A mistake by one company’s employees is not enough to show the contract had been orally modified.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: March 21, 2024, Case #: 2:23cv1580, NOS: Other Contract - Contract, Categories: employment, Evidence, contract
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J. Gilbert rules an insurance company has a duty to defend a trusses service company on behalf of an employee, who may have prematurely released the truss's crane, which resulted in its collapse. The truss company sufficiently showed in court that the insurer is obligated to provide coverage for attached machinery to the employee's truck, which is not considered an "auto."
Court: USDC Southern District of Illinois, Judge: Gilbert, Filed On: March 19, 2024, Case #: 3:21cv497, NOS: Insurance - Contract, Categories: employment, Insurance, contract
J. Starr refuses to dismiss a pilot’s claims Ameriflight’s training program, in which it requires pilots to reimburse it up to $30,000 for training if the pilot resigns or is fired for cause within a certain timeframe, is an illegal kickback and an unenforceable penalty. She has sufficiently alleged her claims for illegal kickbacks, unpaid wages, unlawful contract in restraint of trade and for a declaration the training repayment is an unenforceable penalty.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: March 19, 2024, Case #: 3:23cv1757, NOS: Fair Labor Standards Act - Labor, Categories: employment, contract, Labor
J. Cole finds the lower court properly granted the freight broker's motion to compel arbitration with the trucking company. The Section 1 exemption of the Federal Arbitration Act, which excludes employment agreements between companies and rail workers, does not apply to this case, which involves a contract between two business entities. Affirmed.
Court: 6th Circuit, Judge: Cole, Filed On: March 18, 2024, Case #: 23-1777, Categories: Arbitration, employment, 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. Cornelius enters a judgment in favor of a former employee in this employment contract dispute claiming conspiracy, spoliation and declaratory judgment. The former employee joined the brokerage firm as a producer generating a large amount of revenue and became a shareholder within the first 18 months before resigning to work at another firm. The employee and the brokerage’s holdings firm won a nominal $1.00 award each, and the court directs the parties to submit briefs regarding any and all questions raised for the breach of the promissory note and request for attorney fees.
Court: USDC Northern District of Alabama , Judge: Cornelius, Filed On: March 15, 2024, Case #: 2:22cv174, NOS: Other Contract - Contract, Categories: employment, Settlements, contract
J. Brimmer denies a company's motion to exclude expert testimony in a dispute over a sales contract because the expert's scope of knowledge included hiring, training, development, and managing sales associates.
Court: USDC Colorado, Judge: Brimmer, Filed On: March 15, 2024, Case #: 1:22cv763, NOS: Other Contract - Contract, Categories: employment, Experts, contract
J. Kafker reverses in part the granting of summary judgment in favor of a university against members of its tenured faculty suing it for requiring them to obtain 50% of their individual salaries from external research funding to avoid salary cuts and being reduced to part-time employees, and for requiring that their external funding maintain a specific cost recovery rate to avoid reductions in the size of their labs. While summary judgment is appropriate concerning lab sizes, because nothing in the faculty members’ tenure documents guarantees lab space, it is not appropriate where it concerns economic security, which is included in the tenure documents and could limit the university’s ability to reduce salary and full-time status.
Court: Massachusetts Supreme Court, Judge: Kafker, Filed On: March 14, 2024, Case #: SJC-13472, Categories: Education, employment, contract
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
J. Youchah grants the job applicant's motions for sanctions and for leave to supplement the motion. The applicant says the bank delayed production of documents that would show it did not intend to employ him, only wanting his book of business, and terminating him on the first day of the job. The bank offers no reasonable excuse for its failure to timely produce documents or a witness.
Court: USDC Nevada, Judge: Youchah , Filed On: March 11, 2024, Case #: 2:20cv2285, NOS: Other Contract - Contract, Categories: employment, Sanctions, contract
J. Bunning rules in part for an employer in discrimination claims because evidence indicates the employee was fired for insubordination, not due to his race. However, the employee may continue claims contending the contract was violated when his job duties were altered prior to termination.
Court: USDC Eastern District of Kentucky, Judge: Bunning, Filed On: March 6, 2024, Case #: 2:22cv26, NOS: Employment - Civil Rights, Categories: employment, employment Discrimination, contract
J. Frank partially grants the former employees' and their new employer's motion to dismiss the former employer's suit alleging breach of confidentiality, invention and non-compete agreements, breach of the duty of loyalty and unfair competition, and partially grants the former employer's motion for a preliminary injunction or temporary restraining order requiring compliance with the agreements. The employees have failed to establish that the former employer's claims are worth less than $75,000, so the court has subject-matter jurisdiction over the complaint, but the former employer has not shown that the new employer is closely related to the disputes or that it has sufficient contacts with Minnesota for the court to exercise personal jurisdiction over it. A claim against it is dismissed. The employees are prohibited, however, from working with seven dealers they worked with under the former employer and are ordered to abide by non-compete agreements, and one employee is required to certify that he has permanently deleted a spreadsheet or spreadsheets he sent to his personal email.
Court: USDC Minnesota, Judge: Frank, Filed On: March 5, 2024, Case #: 0:23cv3873, NOS: Other Contract - Contract, Categories: employment, contract
J. Medina finds the lower court properly granted the employer's motion to dismiss a worker's discrimination action. The forum and selection clause within the worker's employment contract was valid, and she could have filed her claims in Arizona, the state named in the forum selection clause. Affirmed.
Court: New Mexico Court of Appeals, Judge: Medina, Filed On: February 29, 2024, Case #: A-1-CA-39928, Categories: employment, contract
J. Rowland denies a Chicago YWCA’s motion to dismiss contract breach and race discrimination claims brought by the founder of “World of Money," a financial tutoring program for children of color. The YWCA incorporated World of Money as one of its own programs in 2020, hiring the founder as its executive director. However, despite claiming World of Money as its own, the YWCA did not financially support the program or hold up the founder’s attempts to broaden it, then abandoned it entirely in 2023. The founder has adequately alleged her race discrimination and contract breach claims.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: February 26, 2024, Case #: 1:23cv2821, NOS: Other Contract - Contract, Categories: employment Discrimination, contract
J. Cummings partially grants a real estate crowdfunding platform and payroll management company’s motions to compel arbitration in an employment suit brought by one of the platform’s former executives. The former executive claims the defendants owe her the bonuses she earned in 2022, along with 90 days’ notice wages. The defendants moved for arbitration on her wage claims. The court finds arbitration is appropriate for the former executive’s dispute with the payroll management company, and stays the underlying claims against the real estate platform while that arbitration is pending.
Court: USDC Northern District of Illinois, Judge: Cummings, Filed On: February 22, 2024, Case #: 1:23cv4120, NOS: Other Contract - Contract, Categories: Arbitration, employment, contract
J. Mahan grants the law firm's motion for summary judgment on a claim for unpaid overtime wages filed by the widower of the late paralegal. The firm paid its paralegals on salary and did not keep detailed records of work schedules. Based on computer login and out records, and a lack of other substantive evidence, the paralegal did not meet her burden of producing sufficient evidence of overtime work to survive summary judgment. The widower's declaration that he observed his wife working at home does not create a factual dispute over whether the firm should have known that she may have worked overtime.
Court: USDC Nevada, Judge: Mahan , Filed On: February 20, 2024, Case #: 2:18cv960, NOS: Fair Labor Standards Act - Labor, Categories: employment, Evidence, contract