266 results for 'cat:"Jurisdiction" AND cat:"Contract"'.
J. Richardson grants the individual plaintiff's motion to abstain and motion to strike in connection with two breach of contract claims, following remand from the Sixth Circuit. The court finds that there are exceptional circumstances and determines that "the reasons for declining jurisdiction significantly outweigh the interests in exercising jurisdiction." Accordingly, the court will not exercise supplemental jurisdiction over the two state-law contract claims at issue.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: December 14, 2023, Case #: 3:20cv924, NOS: Employment - Civil Rights, Categories: Civil Procedure, jurisdiction, contract
J. Watson grants one of the motions to dismiss filed by a former employee, ruling the district court lacks jurisdiction over Robert Sapio because he has not traveled or communicated with any business in the state of Ohio such that it caused any harm to the parts distribution company. However, because the forum selection clause in each of the other employees' contracts is enforceable based on the distribution company's location in Ohio, the contract and trade secrets claims against those employees will proceed.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: December 14, 2023, Case #: 2:22cv4049, NOS: Other Contract - Contract, Categories: Trade Secrets, jurisdiction, contract
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J. Rodriguez dismisses for lack of jurisdiction a lawsuit brought by a payment-processing company against former executives seeking to protect trade secrets. While the company has argued that the employees are now working elsewhere in the country and that a federal court should have jurisdiction for that reason, the disputes in this case center around “unilateral activities performed ... in Texas.”
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: December 8, 2023, Case #: 5:23cv840, NOS: Other Contract - Contract, Categories: jurisdiction, contract
J. Robart grants the insured's motion to remand his complaint claiming that the insurance company is obligated to cover his claim for an accident with an at-fault, underinsured motorist. The insured successfully argues that he raises a viable common law bad faith insurance claim against the insurance company's adjuster, and thus there is no fraudulent joinder to justify keeping this case in federal court.
Court: USDC Western District of Washington, Judge: Robart, Filed On: December 8, 2023, Case #: 2:23cv1575, NOS: Insurance - Contract, Categories: Insurance, jurisdiction, contract
J. Brobson finds that the lower court improperly preliminarily enjoined the Pennsylvania Department of Transportation from proceeding with any action for the debarment of the suing contractor as a prequalified bidder on PennDOT construction contracts based upon criminal charges filed against the contractor. The court failed to exercise equitable jurisdiction to award the contractor preliminary injunctive relief in this matter. Reversed.
Court: Pennsylvania Supreme Court, Judge: Brobson, Filed On: November 24, 2023, Case #: J-15-2023, Categories: Government, jurisdiction, contract
J. Connor finds the lower court properly dismissed a homeowners’ association’s breach of contract claim. The property owners planned to build a home and believed the property was overseen by the homeowners’ association. After the homeowners’ association’s architectural committee denied their building plans, an attorney was consulted and found the subject property was not governed by any homeowners’ association. The homeowners’ association argued the property is subject to the restrictive covenants of the homeowners' association, and the owners were in breach of contract by failing to obtain their approval for construction. The owners argued the homeowners’ association had no standing as it held no authority over their property, and the lower court agreed; as such, the lower court properly dismissed the claim for lack of subject-matter jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Connor, Filed On: November 22, 2023, Case #: 3-22-00321-CV, Categories: Construction, jurisdiction, contract
J. Graham denies the employer's motion to dismiss, ruling that although it is based in Florida, its decision to form a partnership with the Ohio-based employee and allow him to work from home satisfies Ohio's long-arm statute and establishes jurisdiction for the employee's lawsuit.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: November 20, 2023, Case #: 2:22cv4376, NOS: Stockholders’ Suits - Contract, Categories: Employment, jurisdiction, contract
J. Murphy denies an insurance company's motion to dismiss this suit over its denial of coverage to an insured law firm that was found guilty of legal malpractice. While the insurance company repeatedly denied coverage more than four years ago — and claims this suit is barred by Pennsylvania’s four-year statute of limitations for breach of contract — the denial letters focused on misappropriation claims rather than the legal malpractice claims brought up here.
Court: USDC Eastern District of Pennsylvania, Judge: Murphy, Filed On: November 16, 2023, Case #: 2:23cv397, NOS: Other Contract - Contract, Categories: Insurance, jurisdiction, contract
J. Vitter grants a Texas-based corporation’s motion to dismiss, for lack of jurisdiction, a breach of contract suit filed by a Louisiana businessowner who alleges he paid $55,000 for services to his web-based Amazon ecommerce store. The Texas business’s limited contacts with Louisiana do not satisfy jurisdictional requirements. The contractual dispute is ordered to arbitration as requested by the Texas corporation.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: November 6, 2023, Case #: 2:23cv3847, NOS: Other Contract - Contract, Categories: Arbitration, jurisdiction, contract
J. Mills grants the compliance company's motion to transfer the bank's complaint to the Central District of California, where the company is pursuing a trade secrets complaint against the bank. The company filed its complaint in California first and it is "apparent that the California lawsuit and this case are, in many respects, two sides of the same coin."
Court: USDC Northern District of Mississippi , Judge: Mills, Filed On: October 31, 2023, Case #: 1:23cv139, NOS: Other Contract - Contract, Categories: Trade Secrets, jurisdiction, contract
J. Robinson denies a class of private foundation members' motion to remand contract claims against an energy company to state court concerning underpayment of natural gas royalties. The energy company sufficiently showed in court that the state court lacks subject matter jurisdiction based on the number of class participants and the controversy sum, which is upwards of $5 million.
Court: USDC Kansas, Judge: Robinson, Filed On: October 30, 2023, Case #: 6:23cv1097, NOS: Other Contract - Contract, Categories: jurisdiction, Class Action, contract
J. Tostrud grants motions to dismiss brought by two of the three defendant chemical manufacturers in a competitor's suit alleging that they misappropriated confidential information and trade secrets related to bovine teat-dip products which were made available to them under a license agreement with the competitor's predecessor. Neither of the two manufacturers has sufficient contacts with Minnesota to justify the exercise of personal jurisdiction, and the competitor has not established that their alleged misappropriations were "uniquely or expressly aimed" at Minnesota. The competitor's request for jurisdictional discovery and an opportunity to supplement the record as to jurisdictional issues is denied, as is its motion to redact the transcript of a hearing on these motions.
Court: USDC Minnesota, Judge: Tostrud, Filed On: October 26, 2023, Case #: 0:22cv479, NOS: Other Contract - Contract, Categories: Trade Secrets, jurisdiction, contract
J. Burke dismisses with prejudice an individual’s motions to proceed in forma pauperis for a breach of contract against a credit union. The individual states he is entitled to special treatment because he is a Moorish national, “[t]he law is clear that Moorish Americans, like all citizens of the United States, are subject to the laws of the jurisdiction in which they reside.” The claims are found to be frivolousness, he failed to state a claim, and the court lacks subject matter jurisdiction.
Court: USDC Northern District of Alabama , Judge: Burke, Filed On: October 25, 2023, Case #: 3:23cv1241, NOS: Other Contract - Contract, Categories: jurisdiction, contract
J. Southwick finds the district court improperly dismissed this suit brought by the modular structures operator, alleging that the construction company misappropriated its trade secrets. Though the district court found that the operator had engaged in claim splitting between this federal suit and a state suit involving the same parties, the pleadings didn’t clarify the relationship between two of the defendants to the extent it could be said claim splitting occurred. The court must assess whether assertions about the relationship between the operator and the construction management company support that the two entities are in privity. Reversed and remanded.
Court: 5th Circuit, Judge: Southwick, Filed On: October 20, 2023, Case #: 22-50945, Categories: Construction, jurisdiction, contract