141 results for 'cat:"Interference With Contract" AND cat:"Contract"'.
J. Kennedy finds the lower court properly granted the former funeral home director's motion for summary judgment on misappropriation and tort claims. The funeral home's customer information regarding "preneed funeral contracts" was not a trade secret under Ohio law because it was provided to various employees and was available to the public through records requests. Meanwhile, because the tort claims brought by the funeral home were based on the same set of facts as the trade secrets claim, they were preempted. Affirmed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: October 12, 2023, Case #: 2023-Ohio-3687, Categories: Trade Secrets, Tort, interference With Contract
J. McKinnon finds that the lower court had personal jurisdiction over a New York-based wildlife photographer accused of using Facebook to interfere with the business operation of a wildlife photography farm in Montana because, though she is not from Montana, she contacted the Montana business and tagged enough Montana residents during her campaign against the farm to generate jurisdiction. Affirmed.
Court: Montana Supreme Court, Judge: McGrath, Filed On: October 11, 2023, Case #: OP 22-0587, Categories: interference With Contract, Equal Protection, Jurisdiction
J. Goldstein finds that the lower court improperly granted summary judgment to the bank on the trustee's claim for tortious interference with contract. The bank argued that the statements made by the bank president were true and that the truth represented "an absolute total defense" to the claim. However, there is no authority showing that "a Texas court recognized truth as a stand-alone affirmative defense to tortious interference with an existing contract." Reversed in part.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: October 9, 2023, Case #: 05-21-00878-CV, Categories: Trusts, interference With Contract
J. Ecker finds the trial court properly ruled in favor of the home health care company on claims of tortious interference with a contract against its competitor. Statements made by the competitor's executive during litigation against a state agency regarding implementation of a new billing system were verifiably false and allowed the competitor to poach more than 80 clients when the home health care company's contract was terminated by the agency. Repeated statements from an executive that his company did not plan to implement the new billing system and would not poach clients also allowed the home health care company to prove damages in excess of $118,000 based on lost clients. Affirmed.
Court: Connecticut Supreme Court, Judge: Ecker, Filed On: October 6, 2023, Case #: SC20642, Categories: Fraud, Health Care, interference With Contract
Per curiam, the court of appeals finds that the trial court improperly dismissed with prejudice in favor of the appellees a second amended complaint for a “pay-on-death” beneficiary. The court granted this motion based on another similar case by reading the holding to broadly. The beneficiary had made no claim for tortious interference with the inheritance and the alleged bank accounts were owned by her outside the estate. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: October 6, 2023, Case #: 6D23-1351, Categories: Tort, Trusts, interference With Contract
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J. Schroeder grants in part a women’s intercollegiate lacrosse coaches organization’s motion for summary judgment against an event management company for trademark infringement. The company began using the organization’s logos and applied for trademarks for them when the parties disagreed on whether their 2020 tournament series should be cancelled due to the Covid-19 pandemic. The organization officially cancelled the series, but the company advertised that it would still be held. The company’s use of the logos evidences its violation of trademark law, and its refusal to cancel the series constitutes tortious interference with the parties’ contract as well as unfair trade practices.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: September 26, 2023, Case #: 1:20cv425, NOS: Other Contract - Contract, Categories: Trademark, Unfair Competition, interference With Contract
J. Bevan finds that the trial court properly dismissed most of a property owner's claims over a rejected plan to build a gas station. The owner was not required to exhaust his administrative remedies before challenging the rejection in court because of the demonstrated bias against the plan shown by city administrators, so his tort claim for interference with economic expectancy may proceed. Reversed in part.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: September 15, 2023, Case #: 48721, Categories: Zoning, interference With Contract
J. Goldstein finds that the lower court improperly granted the amended special appearance filed by one of the appellees in this lawsuit alleging breach of contract and tortious interference with an existing contract. The appellee company allegedly operates a service center in Texas with a manager and 33 employees. There are minimum contacts with the state so as to support specific jurisdiction. Reversed in part.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: September 15, 2023, Case #: 05-22-00770-CV, Categories: interference With contract, Jurisdiction, contract
J. Talwani issues a mixed ruling in a lawsuit stemming from a writer's short story about a kidney donor who is not happy to receive a letter from her living donor. A kidney donor who shared a similar letter with the writer told publishers and journalists that the writer plagiarized her letter. The writer is entitled to a declaration that she owns the copyright to her short story. Although the story copied parts of the donor's letter, the story's version of the letter, in combination with the rest of the short story, makes transformative use of the letter for an entirely new purpose than the original letter served. However, the writer's defamation claim fails because it was not defamatory for the donor to assert that the writer had used her letter in the first versions of her story without attribution.
Court: USDC Massachusetts, Judge: Talwani, Filed On: September 14, 2023, Case #: 1:19cv10203, NOS: Copyrights - Property Rights, Categories: Copyright, Defamation, interference With Contract
J. Jenkins partially grants an engineering consulting firm's motion for summary judgment, and denies its former employee's cross-motion for summary judgment, on the firm's claims that the former employee violated his employment contract. The court finds the former employee did violate his non-compete agreement with the firm when he jumped ship to work for one of the firm's competitors, but denies the firm judgment on the issues of causation and damages.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: September 13, 2023, Case #: 1:18cv6521, NOS: Other Contract - Contract, Categories: Employment, interference With contract, contract
J. Sullivan finds for a property management company on a competitor's contract, breach of good faith and fair dealing, tortious interference and related claims. The action is untimely.
Court: USDC District of Columbia, Judge: Sullivan, Filed On: August 25, 2023, Case #: 1:17cv1756, NOS: Other Contract - Contract, Categories: Property, interference With contract, contract
J. Quereshi denies an asset-based lending agency its motion to dismiss counterclaims of breach of contract brought by an energy efficient lighting firm. The firm failed to pay off the agency's loan because its work was stalled during the early days of the Covid-19 pandemic. The agency responded by seizing the firm’s products in storage and thereby allegedly causing the firm to lose multiple customers. These allegations cannot be resolved by a motion to dismiss, so the firm has sufficiently argued a breach of contract claim.
Court: USDC Maryland, Judge: Quereshi, Filed On: August 18, 2023, Case #: 8:21cv668, NOS: Other Contract - Contract, Categories: interference With contract, Conversion, contract
J. Marbley grants, in part, the former employee's motion to dismiss, ruling the IT company lacks the authority to enforce his noncompete agreements as a result of a merger that occurred immediately after he left his job and essentially dissolved the corporation for which he had worked.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: August 9, 2023, Case #: 2:22cv3838, NOS: Other Contract - Contract, Categories: interference With contract, contract
J. Kelly finds a lower court properly dismissed contract claims brought by a energy company against a electric power cooperative. The energy company argued that is was entitled to cancel the parties' long-term power agreement. However, the electric power cooperative presented sufficient evidence in court that the energy company is not entitled to a buyout to withdraw from the project, based on an unambiguous agreement it signed to purchase electricity exclusively from it until 2075. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: July 28, 2023, Case #: 22--1884, Categories: Construction, interference With contract, contract
J. Corker partially grants the defendant companies' dismissal motion in this lawsuit involving a government contract for a residential compound in Somalia. The plaintiff company brings claims for breach of contract and tortious interference with a contract, after the prime contractor allegedly contracted with another company "to provide the residential services." The breach of contract claim is dismissed "as to the confidentiality provision in Article 14 of the MSA."
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: July 20, 2023, Case #: 3:21cv178, NOS: Other Contract - Contract, Categories: interference With contract, contract
J. Sargus denies, in part, the former loan company employees' motion for summary judgment, ruling the loan company's evidence of credit pulls and loan documents the employees took with them to a competitor is sufficient to create an issue of fact and allow the tortious interference claim to go to a jury. Meanwhile, because none of the emails used to support the unfair competition claim include the names of both the loan company and the competitor, there is insufficient evidence to support the claim, and that portion of the employees' motion will be granted.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: July 17, 2023, Case #: 2:21cv5922, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Damages, interference With Contract