229 results for 'cat:"Damages" AND cat:"Contract"'.
J. Kapnick finds that the lower court improperly denied the purchaser prejudgment interest on its $626,000 downpayment on contracts of sale for three properties. The law specifying that the purchaser's "sole remedy" in the even of sellers' breach is the return of its downpayment does not preclude the award of interest at the statutory rate. Reversed.
Court: New York Appellate Divisions, Judge: Kapnick, Filed On: January 16, 2024, Case #: 00164, Categories: Real Estate, damages, contract
J. Mays finds the trial court properly awarded the landscaping company more than $62,000 in damages for side work performed by the former employee while he was still employed. The employee's claim he only took on jobs the company could not handle was rebutted by a coworker's testimony the company was willing and able to complete all of the jobs the employee turned down so he could do the work on his own. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mays, Filed On: January 11, 2024, Case #: 2024-Ohio-73, Categories: Trade Secrets, damages, 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. Delaney recommends granting default judgment to a plastic sheet manufacturer and awarding it $265,000 on its contract claim against a packaging company. The packaging company did not file an opposition, and the manufacturer has sufficiently pleaded its claims of breach of contract, account stated, and goods sold and delivered.
Court: USDC Eastern District of California, Judge: Delaney, Filed On: January 8, 2024, Case #: 2:22cv1700, NOS: Other Contract - Contract, Categories: damages, contract
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J. Hodge finds the superior court partially erred in its rulings in a more than 15-year dispute between the restaurant owners and their landlords in part alleging breach of contract, fraud and defamation, including allegations that one of the landlords publicly smeared the owners after a disagreement over their lease in which the landlord said he did not like the direction the restaurant was heading and wanted it to operate more like a "white, middle-class restaurant." In part, the portions of the superior court's order vacating the jury's verdict for the owners on their defamation claims as to one of the landlords are vacated and those portions of the jury's verdict are reinstated; the portion of the lower court's order vacating damages awarded for breach of contract is reversed; and the portion setting aside the jury's awards on other defamation claims and punitive damages is affirmed. On remand the superior court is ordered to determine post-verdict pre-judgment interest the owners are owed. Affirmed in part.
Court: Virgin Islands Supreme Court, Judge: Hodge, Filed On: January 3, 2024, Case #: 2024 VI 1, Categories: damages, Defamation, contract
J. Ludwig finds in favor of the bank in its dispute with a towing company over the repossession of two of the company's trucks after it defaulted on its loan payments. In part because the facts are undisputed that the company breached its contracts with the bank and the company has failed to show the bank failed to mitigate damages by offering the company a third chance to modify its loans, the bank's motion for summary judgment is granted.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: December 29, 2023, Case #: 2:21cv1163, NOS: Other Contract - Contract, Categories: damages, contract
J. Liman partially grants the venture capital firm's motion for a new trial. While the employee proved that the employer violated the terms of the offer letter by failing to pay her a cash bonus. However, the $1.5 million award is excessive. The former employee has the choice between a new trial on damages or a reduced verdict of $450,000.
Court: USDC Southern District of New York, Judge: Liman, Filed On: December 26, 2023, Case #: 1:21cv4283, NOS: Other Contract - Contract, Categories: Employment, damages, contract
J. Kelly finds that the trial court improperly awarded damages in breach of contract claims concerning an agreement to purchase the assets of a salon because the award exceeded the maximum amount allowed under the contract. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Kelly, Filed On: December 20, 2023, Case #: 2D22-3300, Categories: damages, contract
J. Quinn finds that the damages awarded in this case concerning a construction contract for a dairy facility lack a "foundation in evidence." Accordingly, the court will modify the judgment by striking the damages portion but otherwise affirm the remainder of the judgment, which also invalidated a mechanic's lien. Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: December 20, 2023, Case #: 07-23-00078-CV, Categories: Evidence, damages, contract
J. Hendrickson finds the lower court properly awarded compensatory damages to the logistics company against a delivery driver arising from a store's rejection of a load of ice cream because it had melted. Evidence, including black box data from the truck driver's refrigeration unit, clearly proved the driver was at fault for the melted ice cream, which was damaged when he chose cycle, rather than continuous, mode on the refrigerator, which shut off while he waited for the warehouse employees to empty the trailer. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hendrickson, Filed On: December 18, 2023, Case #: 2023-Ohio-4585, Categories: damages, Negligence, contract
J. Griggsby grants summary judgment in favor of the lessor in this lease contract dispute of three modular classroom units. The school failed to pay the rent due on the three leases. The school shall pay the lessor for a total of $387,828 for the breach of building payment, $80,142 for damages to the principal amount and $39,878 for prejudgment interest for the breach of classroom lease.
Court: USDC Maryland, Judge: Griggsby, Filed On: December 18, 2023, Case #: 1:20cv887, NOS: Other Contract - Contract, Categories: Property, damages, contract
J. Coulson finds a lower court properly dismissed a university's contract claims against an insurance company. The university argued that the insurance company was obligated to provide coverage after it executed a controlled detonation of a buried bomb that was planted in the ground 79 years ago. However, the insurance company sufficiently showed in court that it was not obligated to provide coverage for damages as a result of "occasioned by war." Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Coulson, Filed On: December 14, 2023, Case #: CA-2023-949, Categories: Insurance, damages, contract
J. Kelly finds a lower court properly granted summary judgment in favor of an insurance company on a car dealership's contract claims. The car dealership argued that the insurance company was obligated to provide coverage after his establishment caught fire, damaging the premises. However, the insurance company sufficiently showed in court that the dealership's complaint was foreclosed under a limited settlement agreement and release of disputed property damage claims. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: December 13, 2023, Case #: 23-1282, Categories: Insurance, damages, contract
Per curiam, the appellate division finds that the lower court properly awarded the contractor $16.4 million against New York State. The contractor completed all steps of the dispute resolution process before filing suit, and reasonably detailed its claim for additional compensation due to multiple delays on reconstruction work on the Staten Island Expressway. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 13, 2023, Case #: 06359, Categories: Administrative Law, damages, contract
J. Johnson reverses the district court's grant of summary judgment to the landlord, finding that a liquidated-damages clause in a movie theater operator's lease is not enforceable. Actual damages caused by the operator's breach of its lease, namely unpaid rent, are able to be estimated accurately. The amount of liquidated damages provided for in the clause also does not account for the landlord's duty to mitigate damages and is not a reasonable forecast of actual damages. Reversed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: December 11, 2023, Case #: A23-0194, Categories: Landlord Tenant, damages, contract
J. Burns finds that the lower court properly granted the appellee real estate brokers' summary judgment motions in this lawsuit brought by a homeowner who allegedly entered into a listing agreement with the appellees but then decided not to sell her home. The evidence shows that the brokers earned a commission when the agent "procured the buyers, who were ready, willing, and able to buy the property" at an acceptable price. Also, the homeowner's alleged damages did not result from a breach of fiduciary duty by the appellees. Affirmed.
Court: Texas Courts of Appeals, Judge: Burns, Filed On: December 11, 2023, Case #: 05-22-01252-CV, Categories: Real Estate, damages, contract
J. Aiken grants the consumer default judgment on all but the unjust enrichment claim of his lawsuit accusing the research and product development company of selling a supercritical fluid extractor after the delivery date and in an unusable state. Because the consumer establishes that he met his obligations under the agreement and that the company violated its warranty by delivering a defective item late, the consumer and Caldera Group are entitled to $6.9 million in damages.
Court: USDC Oregon, Judge: Aiken, Filed On: December 6, 2023, Case #: 1:22cv1076, NOS: Other Contract - Contract, Categories: damages, Warranty, contract
J. Kernodle grants default judgment to the company on its breach of contract claim for unpaid consulting services. The relevant factors support the default judgment, and there is sufficient evidence to support the $94,273 in damages sought by the company on its claims.
Court: USDC Eastern District of Texas , Judge: Kernodle, Filed On: December 5, 2023, Case #: 6:23cv262, NOS: Other Contract - Contract, Categories: Civil Procedure, damages, contract
J. King awards the insured $582,200 in non-economic damages in his lawsuit trying to collect on an underinsured motorist policy after he was injured in a vehicle collision and suffered a mild traumatic brain injury. The insured presents sufficient evidence that his injury and attendant cognitive deficits impair, and will continue to impair, his ability to lead a normal life. The insurance company does not sufficiently argue that the insured's ability to enjoy some of his former hobbies negates the seriousness of his injuries.
Court: USDC Western District of Washington, Judge: King, Filed On: December 4, 2023, Case #: 2:20cv1250, NOS: Insurance - Contract, Categories: Insurance, damages, contract
J. Hood finds the trial court properly capped the bond amount at $25 million and denied the prevailing party's request for additional security at the conclusion of the trial. The state of Colorado's $25 million cap on supersedeas bonds is not unconstitutional. Although it overlaps with this court's rule requiring a liable party to post a bond worth 125 percent of the damages award, that rule is not mandatory and allows a trial court to order any bond amount, which reconciles any conflict between the two. Affirmed.
Court: Colorado Supreme Court, Judge: Hood, Filed On: December 4, 2023, Case #: 2023CO59, Categories: Constitution, damages, contract