266 results for 'cat:"Jurisdiction" AND cat:"Contract"'.
J. Hodge finds the superior court improperly reversed a lower court's decision in the tenant and landlord's dispute over a commercial lease ordering restitution to the landlord and the release to her of rent money held in escrow. The superior court incorrectly dismissed the landlord's lawsuit on subject-matter jurisdiction grounds, in part because the relevant Virgin Island statutes, including the one relating to "forcible entry and detainer" actions to recover possession of a premises, do not prohibit inquiries into the validity or existence of lease agreements. The portion of the tenant's appeal relating to the restitution of the premises is now moot because he vacated the premises in 2021, but the portion of the superior court's order awarding escrowed rent money to the landlord is reversed and vacated. Reversed in part.
Court: Virgin Islands Supreme Court, Judge: Hodge, Filed On: March 6, 2024, Case #: 2024 VI 12, Categories: Landlord Tenant, jurisdiction, contract
J. Wright finds that the lower court properly granted the insurer's motion to dismiss a petition seeking coverage for the debtors' liability in the opioid mass tort claims, liabilities which were assumed by the trust in bankruptcy proceedings. The insurer's policy contains a forum selection clause clearly stating that disputes arising under those contract to be litigated in the courts of England or Wales. Affirmed.
Court: Missouri Court Of Appeals, Judge: Wright, Filed On: March 5, 2024, Case #: ED111765, Categories: Insurance, jurisdiction, contract
J. Carr denies, in part, the aircraft sellers' motion to dismiss, ruling that because the buyer was located in Ohio, performed an inspection of the aircraft and conducted a test flight in Ohio prior to buying the plane, this court has jurisdiction over its claims regarding defects in the engine that rendered it not flightworthy. However, the Texas inspection company made no contacts in the state of Ohio, and the transfer of its logbooks with the aircraft when it was shipped to Ohio is insufficient to establish jurisdiction; therefore, it will be dismissed from the case.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: March 5, 2024, Case #: 3:19cv1645, NOS: Other Contract - Contract, Categories: jurisdiction, contract
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Liman partially denies the Louisiana law firm's motion to dismiss breach of contract claims stemming from its role in persuading the buyer to sign an escrow agreement for the purchase of $1 million in medical gowns. The buyer sent the initial $113,000 payment, but never received any gowns and the firm never returned the money. The firm is subject to jurisdiction in New York based on its communications into New York with the purpose of completing the transaction.
Court: USDC Southern District of New York, Judge: Liman, Filed On: March 4, 2024, Case #: 1:22cv9586, NOS: Other Contract - Contract, Categories: Fraud, jurisdiction, contract
J. Walter grants a request by a Texas fabricating and manufacturing company to dismiss on jurisdictional grounds claims arising from a contract product liability suit brought against a Louisiana design business by a fiberglass factory, also located in Texas. The Louisiana company alleges the fabricator is responsible for making parts of two 111-feet ventilation stacks for the fiberglass factory, one of which blew over from about 35-feet above ground level, damaging the plant below. The only performance of the contract in Louisiana was done by the design company located in Shreveport. The Texas-based fabrication plant did not purposefully avail itself of the privilege of conducting business within Louisiana or invoke the benefits and protections of Louisiana law. Therefore, the Louisiana court does not have jurisdiction over the Texas stack-builder.
Court: USDC Western District of Louisiana , Judge: Walter, Filed On: March 4, 2024, Case #: 5:22cv5837, NOS: Contract Product Liability - Contract, Categories: Product Liability, jurisdiction, contract
J. Contreras finds that the lower court improperly entered a default judgment against the appellant in this breach of contract suit involving the sale of an aircraft. The record indicates that the appellee failed to "strictly comply with the methods of service under the rules of civil procedure." Accordingly, there was no personal jurisdiction over the appellant. Reversed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: February 29, 2024, Case #: 13-23-00236-CV, Categories: Civil Procedure, jurisdiction, contract
J. Silva finds that the lower court properly denied the county's plea to the jurisdiction in this contract case arising from a hurricane's "landfall and resulting destruction along the Coastal Bend." The appellee contends that it is owed for certain remediation work, and it sufficiently "pleaded facts that would support a waiver of immunity." Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: February 29, 2024, Case #: 13-23-00324-CV, Categories: Civil Procedure, jurisdiction, contract
J. Poissant finds that the trial court properly denied the city's plea to the jurisdiction in a dispute over payment for work on Hurricane Harvey-related projects under a second contract amendment. The city's argument regarding the contractor's signature is a "defensive argument" that does not implicate the court's jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: February 29, 2024, Case #: 14-22-00616-CV, Categories: Immunity, jurisdiction, contract
J. Whitehead dismisses the pharmaceutical company's attempt to vacate, modify or correct the $310,000 arbitration award in the former employee's favor after the pharmaceutical company fired her without notice. This court does not have jurisdiction over the former employee because she is a Minnesota citizen who had Minneapolis listed as her primary location and who did not have “continuous and systematic” contacts with Washington during her employment.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: February 27, 2024, Case #: 2:23cv700, NOS: Other Contract - Contract, Categories: Arbitration, jurisdiction, contract
J. Schiltz partially grants the medical technology companies' motion to dismiss claims brought by the personal representative of the estate of an inventor who helped develop products for the companies under contract. Claims against three of the companies are dismissed for lack of personal jurisdiction, since the representative has neither established that all of the companies are alter-egos of each other nor that the three dismissed companies have adequate contacts with Minnesota to exercise jurisdiction. Claims against the other two companies survive.
Court: USDC Minnesota, Judge: Schiltz, Filed On: February 26, 2024, Case #: 0:21cv2572, NOS: Other Contract - Contract, Categories: jurisdiction, contract
J. Busby finds that severing claims disposed of on partial summary judgment into a new action renders the judgment final even though other claims remain pending in the original action. The severed action became final when the severance order was signed. The court of appeals improperly found that it lacked jurisdiction to hear the losing party's appeal. Reversed.
Court: Texas Supreme Court, Judge: Busby, Filed On: February 23, 2024, Case #: 22-0459, Categories: Civil Procedure, jurisdiction, contract
J. Carlyle finds that the lower court properly granted the appellee company's summary judgment motion and plea to the jurisdiction. The pro se appellant contends that the lower court violated due process "when it dismissed her claims despite lacking jurisdiction to reach the merits." But courts must dismiss the case when there is a lack of jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: February 22, 2024, Case #: 05-22-01357-CV, Categories: Civil Procedure, jurisdiction, contract
J. Tunheim grants the brokerage account servicer's motion to dismiss the bank's suit related to a third party mutual client's transfer of assets which had been pledged as security for the bank's loan. The bank voluntarily released its claims to the client's brokerage account between the time the fund transfer was authorized and the time the client defaulted on the loan. The bank therefore does not have standing to pursue its claims, having broken the causal chain between the brokerage account servicer's wrongdoing and its own harm.
Court: USDC Minnesota, Judge: Tunheim, Filed On: February 21, 2024, Case #: 0:22cv1104, NOS: Other Contract - Contract, Categories: jurisdiction, contract
J. Jackson transfers a Louisiana lawyer’s claims she was severely “eaten by bed bugs” during her rehabilitation stay at a Virginia-based drug and alcohol facility. The attorney fails to show her multiple payments to the rehab center confers jurisdiction of her payment dispute and bed-bug claims. Significantly, neither litigant requested the transfer. “Transfer, not dismissal, best serves to promote judicial efficiency, conserve the [litigants’] resources and avoid duplication of efforts.”
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: February 16, 2024, Case #: 3:22cv114, NOS: Insurance - Contract, Categories: Tort, jurisdiction, contract
J. Hopkins denies the former employee's motion to dismiss, ruling that while she was a remote employee based in Idaho, she reported to a Kroger supervisor based in Ohio, traveled to Ohio several times throughout her employment and communicated with Ohio-based coworkers on a daily basis, all of which grants this court jurisdiction over Kroger's claims for misappropriation of trade secrets.
Court: USDC Southern District of Ohio, Judge: Hopkins, Filed On: February 16, 2024, Case #: 1:23cv816, NOS: Other Contract - Contract, Categories: Trade Secrets, jurisdiction, contract
J. Rice denies the insureds' motion to remand their complaint alleging that the insurance company wrongfully denied the insureds coverage after they underwent independent medical examinations following their involvement in a roll-over automobile accident. The insureds' argument that the insurance company's estimation of damages is too speculative is also based on conjecture. The insurance company has successfully established diversity of the parties and that the amount in controversy exceeds $75,000.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: February 14, 2024, Case #: 2:23cv341, NOS: Insurance - Contract, Categories: Insurance, jurisdiction, contract
J. Tostrud grants the Virginia auto parts seller's motion to dismiss its Minnesota competitor's suit alleging that it used confidential information to poach the Minnesota company's employees and business. The Minnesota company has not provided evidence of sufficient contacts with Minnesota by the Virginia company, since all the conduct alleged took place outside the state. It also has not suggested alternate judicial districts to which this case could be transferred, despite objecting to the Virginia company's requested venue in the Western District of Virginia.
Court: USDC Minnesota, Judge: Tostrud, Filed On: February 12, 2024, Case #: 0:23cv2990, NOS: Other Contract - Contract, Categories: jurisdiction, Venue, contract
J. Robart grants the driver's motion to remand his complaint alleging that the insurance company must pay more than the offered $600,000 to settle their underlying lawsuit involving a car collision. The insurance company argues that its client's citizenship should be ignored because she is a nominal party or was fraudulently joined, but neither issue provides an exception to the one-year deadline for removal that the insurance company missed.
Court: USDC Western District of Washington, Judge: Robart, Filed On: February 7, 2024, Case #: 2:23cv1642, NOS: Insurance - Contract, Categories: Insurance, jurisdiction, contract
J. Whitney partially grants two mortgage companies’ motions to dismiss allegations that they wrongfully created a second mortgage on the house of a deceased woman. The woman’s niece claims one of the companies incorrectly charged her aunt under a second mortgage, of which the aunt was unaware. However, the niece does not own the property, is not her aunt’s legal estate administrator, and will, therefore, not experience a concrete harm if the house is sold or foreclosed upon. Thus, she lacks standing and subject matter jurisdiction.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: January 30, 2024, Case #: 3:23cv205, NOS: Other Contract - Contract, Categories: jurisdiction, Banking / Lending, contract
J. Crenshaw denies the former employee's motion to dismiss this breach of contract case based on a lack of personal jurisdiction. The former employee, a remote worker who allegedly violated the non-compete provision in his employment contract, seeks dismissal based on a lack of jurisdiction, as he mainly worked from Florida. However, he made multiple trips to Tennessee "for work-related activities."
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: January 29, 2024, Case #: 3:22cv606, NOS: Other Contract - Contract, Categories: Employment, jurisdiction, contract