306 results for 'cat:"Employment" AND cat:"Contract"'.
J. Tabor finds that a retailer breached a non-compete agreement after she helped a competitor sell clothing because she admitted that she bought inventory and passed invoices to the competitor in violation of her employment contract. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: January 24, 2024, Case #: 22-1807, Categories: employment, contract
J. Bourgeois grants and modifies requests by two former employees of a Louisiana-based insurance brokerage, ordering the company to produce redacted personnel files and job descriptions of their former supervisor. The duo seeks the information for its state-law unfair practices suit on the argument they were actually employed by the parent company of the brokerage, not the subsidiary, and, therefore, they were not subject to the allegedly invalid and overly broad non-solicitation agreements with its subsidiary.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: January 24, 2024, Case #: 3:23cv596, NOS: Other Contract - Contract, Categories: employment, Trade, contract
J. Williams grants, in part, Yale University's motion for summary judgment, ruling the former chief of cardiovascular medicine cannot make a plausible contract claim related to his removal from that position after sexual assault allegations. His employment agreement with the university guaranteed only his job as a professor. However, because the removal of several honorific titles and endowments after the allegations could be considered an adverse employment action under precedent from the Second Circuit Court of Appeals, the sex discrimination claim will proceed.
Court: USDC Connecticut, Judge: Williams, Filed On: January 17, 2024, Case #: 3:19cv1547, NOS: Employment - Civil Rights, Categories: Education, employment Discrimination, contract
[Consolidated.] J. Park finds that the district court improperly modified a preliminary injunction in an ongoing dispute between designer and social influencer Hayley Paige Gutman and her former employer, dressmaker JLM Couture. The injunction awarded JLM sole control of disputed accounts on Instagram and Pinterest without weighing whether Gutman's ownership as creator was altered by her employment contract. On remand, the district court must determine whether the parties' noncompete agreement was too restrictive. Vacated in part.
Court: 2nd Circuit, Judge: Park, Filed On: January 17, 2024, Case #: 21-2535(L), Categories: employment, contract, Injunction
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. Stabile finds that the lower court properly awarded monetary damages to two former executives of a design firm in this employment contract dispute in which they allege they were promised and then not awarded partnership equity in the company. The trial court did not abuse its discretion in drawing an adverse inference against the company’s founder. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: January 16, 2024, Case #: J-A19017-23, Categories: employment, Damages, contract
J. Mitchell finds that the lower court properly found for the university in a breach of employment contract dispute with a non-tenured professor. The university was justified in terminating the professor's contract after learning of his alleged misconduct on a study abroad trip. Affirmed.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: January 16, 2024, Case #: WD86136, Categories: employment, contract
J. Barker grants, in part, the employers' motion to dismiss, ruling the former CFO's failure to execute a release agreement at the end of his employment or present evidence he completed all requirements of his employment contract requires dismissal of the contract claim related to severance and vacation pay. Meanwhile, the CFO's decision to lump all the employers together in the aiding and abetting discrimination claim requires dismissal of that claim because if all the employers took part in the discriminatory conduct, it is not possible for them to aid and abet themselves in the same discriminatory conduct.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: January 12, 2024, Case #: 1:23cv986, NOS: Employment - Civil Rights, Categories: employment Discrimination, contract
J. Winmill grants the government's motion to dismiss employees' allegations of defamation after they were accused of creating a hostile work environment and harassment of a coworker. The employees resigned after an investigation into the coworker's complaints resulted in notices of removal. The employees who conducted the investigation were acting within the scope of their employment, therefore the United States is substituted as the proper defendant. However, these claims may not be brought against the government under the Federal Tort Claims Act and the court does not have subject matter jurisdiction over the claims.
Court: USDC Idaho, Judge: Winmill, Filed On: January 10, 2024, Case #: 4:23cv356, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: employment, Defamation, contract
J. Chuang grants Uber’s motions to compel arbitration and dismiss in an underlying employment contract dispute with one of its drivers. The driver claims the rideshare company hacked the app sending her to pick up to various problematic passengers and after she complained they deactivated her account. The court finds that the signing of an arbitration clause in the parties’ contract means the case must be dismissed and go before an arbitrator.
Court: USDC Maryland, Judge: Chuang, Filed On: January 5, 2024, Case #: 8:23cv2149, NOS: Other Contract - Contract, Categories: Arbitration, employment, contract
J. Sessions grants a college and its current president’s motion to stay in this employment contract dispute brought by the former president alleging discrimination and retaliation. The college argues this case needs to go to arbitration on all claims as stated in the employment agreement. The college and its current president have met the burden that arbitration is needed and its inherent power to control the docket.
Court: USDC Vermont, Judge: Sessions, Filed On: January 3, 2024, Case #: 2:23cv393, NOS: Employment - Civil Rights, Categories: Arbitration, employment, contract
J. Grasz finds a lower court properly dismissed a construction company's contract claims against an insurer. The construction company argued that the insurer is obligated to cover damages after one of its drivers crashed a company truck. However, the insurance company sufficiently showed in court that the construction company did not actually hire the driver as an insured employee. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: December 26, 2023, Case #: 23-1043, Categories: employment, Insurance, 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. Newman recommends denying, in part, a transport company’s motion to dismiss a truck driver’s employment retaliation and related claims. He has sufficiently pleaded his claims for failure to provide reasonable accommodations, leave retaliation, breach of implied-in-fact contract, and negligent hiring, supervision and retention.
Court: USDC Eastern District of California, Judge: Newman, Filed On: December 20, 2023, Case #: 2:23cv311, NOS: Other Labor Litigation - Labor, Categories: employment, Transportation, contract
J. Windhorst finds that the trial court properly denied the former employer an injunction over an alleged breach of a non-competition agreement. The record shows that the employee denied electronically signing the non-competition agreement, and that the onboarding documents he signed in person did not contain a non-competition agreement. Further, the record does not contain an autogenerated email containing a link for the eight required onboarding documents to the employee's email. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: December 20, 2023, Case #: 23-CA-133, Categories: employment, contract, Injunction
J. Shah denies a maintenance product distributor’s motion for a preliminary injunction. The injunction would enforce a non-solicitation agreement against one of the distributor’s former employees, who after leaving the distributor to start a competitor, poached some of the distributor’s customers. The court finds that the distributor has not suffered harm necessitating an injunction, however, stating that the issue can be “adequately remedied through monetary damages.”
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: December 14, 2023, Case #: 1:23cv5314, NOS: Other Contract - Contract, Categories: employment, contract, Injunction
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. Pryor finds that the district court properly partially blocked enforcement of a non-compete covenant in an action brought by an ex-employee against his former employer, the auto service company. The district court correctly found that the covenant's geographic restriction preventing the employee from competing within a five-mile radius surrounding more than 1,100 franchised locations was unreasonable under the Georgia Restrictive Covenants Act. However, the district court incorrectly applied the five-year rebuttable presumption of reasonableness rather than the two-year presumption in finding that the covenant's four-year duration was unreasonable under the Act. Affirmed in part.
Court: 11th Circuit, Judge: Pryor, Filed On: December 6, 2023, Case #: 22-10611, Categories: employment, contract
J. Howell denies a company’s motion to disregard jury findings and amend judgment after it was sued by a former employee who alleged he was abruptly fired after loaning the company a large amount of money. At jury trial, jurors ruled mostly but not entirely in favor of the employee. They were “presented with sufficient evidence justifying the exact figure they chose,” and the company has not provided adequate basis for overturning their findings.
Court: USDC Western District of Texas , Judge: Howell, Filed On: December 1, 2023, Case #: 1:21cv331, NOS: Other Contract - Contract, Categories: employment, Jury, contract
J. Lazarus finds that the lower court properly entered a verdict against an insurance call center owner in this case alleging he failed to pay an employee as agreed upon under the terms of an employment contract after inducing him to move from Florida to Pennsylvania for the gig. The court did not abuse its discretion in ruling against the owner based on the facts presented in the case. Affirmed.
Court: Pennsylvania Superior Court, Judge: Lazarus, Filed On: November 29, 2023, Case #: J-A13017-23, Categories: Civil Procedure, employment, contract
J. Bishop finds the trial court properly determined the amount of the former company vice president's interest in the company in an employment contract action. The court denied the company's motion for a directed verdict seeking declaratory judgment in favor of its determined amount of $410,000 and found the fair market value was $2 million. An independent expert business valuator noted the company's analysis lacked independence and consideration of future projects, while it also used an excessive discount rate and subtracted future debt. Furthermore, the former vice president testified his IRS filing reflects a $2 million closeout of the account. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: November 28, 2023, Case #: A-22-892, Categories: employment, Securities, 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