266 results for 'cat:"Jurisdiction" AND cat:"Contract"'.
J. Molberg finds that the lower court properly denied the appellant school district's plea to the jurisdiction in this breach of contract lawsuit stemming from an agreement for construction work to be performed at certain school campuses. The appellee construction company adequately pleaded facts demonstrating jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: January 26, 2024, Case #: 05-22-00855-CV, Categories: jurisdiction, contract
J. Grove finds the marijuana business seller's appeal must be dismissed for lack of jurisdiction. The three issues presented, including judgment for the buyer, attorney fees and discovery sanctions, were decided months before the trial court entered the final judgment upon which the seller based its arguments and, therefore, the appeal is untimely.
Court: Colorado Court Of Appeals, Judge: Grove, Filed On: January 25, 2024, Case #: 2024COA10, Categories: Civil Procedure, jurisdiction, contract
J. Johnson grants a school safety company’s motion to remand a contract dispute concerning the existence of a contract and establishing whether the technology company was paid in full. The technology company failed to establish evidence of diversity jurisdiction. Therefore, the school safety company’s motion to dismiss is denied and remanded back to the circuit court of Lauderdale County, Alabama.
Court: USDC Northern District of Alabama , Judge: Johnson, Filed On: January 25, 2024, Case #: 3:23cv1364, NOS: Other Contract - Contract, Categories: jurisdiction, contract
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J. Cogburn grants an infrastructure contractor’s motion to dismiss for a lack of subject matter jurisdiction following allegations of state law violations and breach of contract brought by the founder of an energy consulting company that the contractor acquired. The contractor agreed to pay $360,000 cash to the founder and he kept 9% interest and his seat as company president in exchange for 90% of the company’s shares. Two years later, the contractor fired the founder and stopped paying on a promissory note, prompting the current suit. After a settlement, only the breach of contract claim still stood, but because the founder has not shown that the amount in controversy is not more than $75,000, the suit is dismissed. However, it may proceed in a state court.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: January 18, 2024, Case #: 1:21cv245, NOS: Negotiable Instrument - Contract, Categories: Settlements, jurisdiction, contract
J. Gordon denies the signature canvassers' motion to dismiss the fraud claims. The public education advocacy group says it was defrauded out of more than $2.2 million in a failed signature gathering effort supporting a ballot initiative. The assignee of the advocacy group says the canvassers did not obtain valid signatures at the claimed rate. The canvassers' contacts with the forum were not random, fortuitous, attenuated, or based solely on the advocacy group's location. The claims are assignable, arising out of the canvassers' forum-related activities, and exercise of jurisdiction is reasonable.
Court: USDC Nevada, Judge: Gordon , Filed On: January 17, 2024, Case #: 2:23cv69, NOS: Other Contract - Contract, Categories: Fraud, jurisdiction, contract
J. Gordo finds the trial court properly granted the insurance company's motion to dismiss and motion to quash in a dispute with the health care organization over claims stemming from an insured's car accident. Because the organization failed to file an affidavit or other proof refuting the company's claim that the trial court lacked personal jurisdiction because, as an Ohio-based company, it lacks sufficient business connections in Florida to be sued there, the organization failed to meet its burden. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: January 17, 2024, Case #: 23-0001, Categories: Insurance, jurisdiction, contract
J. Sabatino finds that the trial court properly heard claims contending a Utah company refused to refund a deposit to a pet product supplier after a trade show was postponed due to the Covid-19 pandemic because the Utah company repeatedly solicited business from pet companies in New Jersey, and the original pet company contacted the Utah company years before the transaction at issue.
Court: New Jersey Appellate Division, Judge: Sabatino , Filed On: January 17, 2024, Case #: A-0429-23, Categories: jurisdiction, contract
J. Bacon finds the 10th Circuit's previous decisions terminated the jurisdiction shifting component of the New Mexico Tribal Gaming Compact and prevented further actions, including the underlying personal injury claim against a tribal casino at issue here, from being transferred to state court. The court entered a final judgment that triggered the termination clause in the contract and, therefore, the lower court will be instructed to dismiss the case upon remand. Reversed.
Court: New Mexico Supreme Court, Judge: Bacon, Filed On: January 16, 2024, Case #: S-1-SC-39169, Categories: Native Americans, jurisdiction, contract
J. Horan grants a transport company's motion to vacate maritime attachments and garnishments in a contract action against filed by a leasing company. The contract at issue is not a maritime contract and, therefore, the district court lacks jurisdiction.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: January 10, 2024, Case #: 3:23cv1143, NOS: Marine - Contract, Categories: Maritime, jurisdiction, contract
J. Bell grants a county’s superior court administration its motion to dismiss allegations of a breach of contract brought by a man who claims certain staff members received payment for his purchase of a court transcript but falsified it beforehand. The administration department itself is not an independent legal entity, and it is an agency of the state, which cannot be sued in federal court. Therefore, personal and subject matter jurisdiction are lacking.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: January 8, 2024, Case #: 3:23cv514, NOS: Other Contract - Contract, Categories: Government, jurisdiction, contract
J. Schreier denies a motion to dismiss for improper venue a lawsuit in which a company that supplies breakfast foods to convenience stores and hotels began purchasing egg products from a food manufacturer, which later had issues surrounding the 2022 Avian Influenza outbreak resulting in a nearly doubled price hike for eggs. The transfer would simply shift the inconvenience of litigating in another state from defendant company to plaintiff company.
Court: USDC South Dakota, Judge: Schreier, Filed On: January 4, 2024, Case #: 4:23cv4027, NOS: Other Contract - Contract, Categories: jurisdiction, Venue, contract
Per curiam, the appellate division finds that the lower court improperly denied the instructor's motion to dismiss a breach of contract action stemming from a grading dispute. The instructor is a Canadian citizen residing in Illinois and did not conduct business in New York by conducting virtual classes attended by a New York resident. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 20, 2023, Case #: 06513, Categories: jurisdiction, contract
J. Loken finds a lower court properly dismissed a livestock feed company's contract claims against an international reseller, who provides livestock products to customers in China. The international reseller argued that it was not obligated to pay for products sold by the livestock feed company after the Chinese government banned the MIR 162 genetic trait. However, the court lacks personal jurisdiction over the allegations. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: December 19, 2023, Case #: 22-2800, Categories: jurisdiction, contract
J. Whelan dismisses some of the self-help book author's state claims alleging that Kaiser Foundation Health Plan's employees used content from her pain management workbook without her permission. The author's claims for negligence and emotional distress are preempted by the federal Copyright Act because they are premised on the employees using the content of her workbook, including her system, process and ideas. The remaining claims are not preempted and are remanded to state court.
Court: USDC Southern District of California, Judge: Whelan, Filed On: December 15, 2023, Case #: 3:23cv1507, NOS: Other Contract - Contract, Categories: Preemption, jurisdiction, contract