141 results for 'cat:"Interference With Contract" AND cat:"Contract"'.
J. Meyer grants the Connecticut-based car dealership warranty provider's motion for summary judgment, ruling the New Jersey-based warranty provider cannot prove damages because evidence in the record indicates commissions paid after the Connecticut company took over the accounts of four dealerships were paid to a related, but separate business entity not named as a defendant in this case.
Court: USDC Connecticut, Judge: Meyer, Filed On: January 9, 2024, Case #: 3:21cv659, NOS: Other Contract - Contract, Categories: Damages, interference With contract, contract
J. Bredar grants, in part, a financial service company’s motion for temporary restraining order and preliminary injunction prohibiting two of its former employees from sharing confidential information. The company has shown a likelihood of success on its claim that trade secrets were misappropriated when one of the employees downloaded confidential files and passed them onto the other former employee.
Court: USDC Maryland, Judge: Bredar, Filed On: January 5, 2024, Case #: 1:23cv3446, NOS: Other Contract - Contract, Categories: Trade Secrets, interference With Contract
J. Peterson finds that the lower court properly found for the village on a law firm's suit for breach of contract regarding its attempt to buy or continue to lease certain commercial real property that was allegedly thwarted by the village. The law firm failed to show the village knew the terms of its lease when it negotiated to purchase the subject property or that it took any action to persuade the landlord to breach the lease. Affirmed.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: December 28, 2023, Case #: 230083, Categories: Landlord Tenant, interference With contract, contract
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J. Urbanski denies the competitor's motion to dismiss a defamation suit. The company provides electronic pull tabs for regulated charitable gaming market and demonstrated that the competitor's comment to a potential client accusing the company of being involved in a severe state investigation could be perceived as making a statement of fact.
Court: USDC Eastern District of Virginia, Judge: Urbanski , Filed On: December 28, 2023, Case #: 7:23cv321, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Tort, Defamation, interference With Contract
J. Mize finds that the trial court properly ruled in favor of the sales coordinator by denying motions for directed verdict and to set aside the verdict in this tortious interference complaint. The impact rule does not apply to intentional torts. However, there is confusion in jurisprudence concerning the applicability of whether the impact rule applies to the tort of intentional interference with an advantageous business relationship. The court certifies two questions to the First District Court related to Florida's impact rule and how it applies to tort of tortious interference with an advantageous business relationship. Affirmed.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: December 21, 2023, Case #: 6D23-1379, Categories: Tort, interference With Contract
J. Kelly finds that the trial court properly ruled against a property owner’s suit seeking to block a homeowners association from selling common-use land in a housing subdivision. The property owner claims that the association has no authority to sell the common-use plot of land because the owner shares in the interests in the land. No genuine fact issue exists that purports to give the property owner any claim to the land or restrain the association from selling the land without the property owner's approval. Affirmed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: December 13, 2023, Case #: 03-22-00423-CV, Categories: Property, Real Estate, interference With Contract
J. McGrath finds that the trial court properly denied the employment claims filed by the former executive director of the Flathead Basin Commission. The Department of Natural Resources and Conservation could not have interfered with her employment contract since, though it shared staffing decisions with the Commission, it was her employer. Her discrimination claim failed because the lobbying she did on behalf of the Commission that created distrust with the Department was not protected political speech. And her firing was based on her inability to properly complete expense reports. Affirmed.
Court: Montana Supreme Court, Judge: McGrath, Filed On: December 12, 2023, Case #: DA 23-0231, Categories: Employment, interference With 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. Parker finds that the district court improperly dismissed claims contending a town manipulated building permit and zoning procedures to thwart plans by a group interested in building a school to educate Orthodox Jewish girls. Federal religious discrimination and civil right claims were ripe for consideration since the zoning board refused to review the group's application, and state interference with contract claims concerned town defendants' actions upending a land sale and impacting a bank loan. Reversed.
Court: 2nd Circuit, Judge: Parker, Filed On: December 8, 2023, Case #: 22-1741, Categories: Civil Rights, Zoning, interference With Contract
J. Kendall partially grants Walgreen’s motion to dismiss fraudulent inducement and contract breach claims brought by an electronic accessories company. The accessories company claims it paid Walgreen's to place its products in “premium” locations of Walgreen’s stores, but underlying contract disputes sullied the arrangement. The court mostly allows the accessory company’s contract claims to go forward, only dismissing a portion of one claim dealing with Walgreen’s alleged failure to pay for “sold and delivered” goods.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: November 30, 2023, Case #: 1:23cv303, NOS: Other Contract - Contract, Categories: Fraud, interference With contract, contract
J. Theis finds that the appeals court properly found that the insurer has a duty to defend its additional insured under a subcontractor's commercial general liability policy in a suit stemming from alleged construction defects in a townhome development. The insurer cannot bar coverage of all construction defects as "accidental," as that would make the policy's business risk exclusions meaningless. The allegations in the complaint are sufficient to establish an initial grant of coverage, leaving the court to fully determine whether the specific defects are afforded coverage under the policy. Affirmed.
Court: Illinois Supreme Court, Judge: Theis, Filed On: November 30, 2023, Case #: 129087, Categories: Construction, Insurance, interference With Contract
J. Wiley finds that dismissal at the summary judgment stage of an interference with contract complaint was error since a written agreement for the sale of several gas stations, combined with extrinsic evidence, was definite enough to constitute an enforceable contract. But the trial court properly ruled against a tortious interference with contract claim since a necessary economic interest disappeared when one party assigned its interest to a third party. Reversed in part.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: November 28, 2023, Case #: B314861, Categories: interference With contract, contract
J. Herrera grants the general contractor's motion to dismiss, ruling no evidence in the complaint links it to the supervisor who refused to allow the disabled employee of the subcontractor to bring his service animal on the jobsite. Therefore, it cannot be held liable for the subcontractor's decision to fire the employee. Additionally, there is no evidence the general contractor knew of any contractual relationship between the employee and the subcontractor, and so the interference with a contract claim fails, as well.
Court: USDC New Mexico, Judge: Herrera, Filed On: November 27, 2023, Case #: 1:21cv543, NOS: Employment - Civil Rights, Categories: Employment, interference With Contract
J. Menendez partially grants the plaintiff insurance brokerage's motion for summary judgment on two claims in its suit against another insurance brokerage with which it had a longtime arrangement to solicit and service some business clients together, splitting revenue. The plaintiff brokerage has shown that the two brokerages had a contract, that it was breached when the defendant brokerage stopped sharing revenue for one of those clients, and that the plaintiff brokerage is the "seller" of that account to the defendant brokerage under the terms of the contract. Summary judgment is also granted on a declaratory-judgment claim, but the plaintiff brokerage's requested remedy of specific performance is denied so that the parties can negotiate remedies.
Court: USDC Minnesota, Judge: Menendez, Filed On: November 14, 2023, Case #: 0:22cv1648, NOS: Other Contract - Contract, Categories: interference With contract, contract
J. Zilly denies the manufacturer's motion to dismiss the battery applications company's tortious interference with business expectancy counterclaim against the former's lawsuit, which alleges that the battery company stole and created a replica of the manufacturer's invention of a silicon-carbon composite for lithium-silicon batteries. The battery applications company reasonably alleges that the manufacturer contacted the former's potential customers and informed them about the claims in this supposedly meritless lawsuit, which would reasonably interfere with the battery applications company's business.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: November 1, 2023, Case #: 2:22cv1354, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, interference With Contract
J. Raggi answers certified questions by finding that the district court improperly dismissed state defamation and tortious interference claims stemming from accusations of rape that defendant, a Yale University student, brought against plaintiff, a co-ed. Disciplinary proceedings held by the college were not quasi-judicial, and thus defendant did not have immunity concerning statements made therein. However, the lower court properly dismissed claims contending the initial report to campus officials interfered with plaintiff's contract to attend the school in light of his immediate suspension because that claim was untimely filed.
Court: 2nd Circuit, Judge: Raggi, Filed On: October 25, 2023, Case #: 21-95, Categories: Education, Defamation, interference With Contract