144 results for 'cat:"Negligence" AND cat:"Contract"'.
J. Vigil finds a lower court ruled partially correctly in an insurance dispute. After a consumer said he developed breathing problems as a result of water damage to his home, he sued both his insurer and a company that he hired for abatement, but lower courts correctly concluded New Mexico does not allow for “duplicate compensatory damages.” However, a lower court erred somewhat in determining what damages were due from what party. Affirmed in part.
Court: New Mexico Supreme Court, Judge: Vigil, Filed On: June 22, 2023, Case #: S-1-SC-38872, Categories: Insurance, negligence, contract
Per curiam, the circuit finds that the district court improperly dismissed breach of contract claims brought after cash went missing when plaintiff's safe deposit box was drilled open without permission because lease provisions would have protected forced entry, and the subsequent discovery of lost cash plausibly established negligent conduct.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 16, 2023, Case #: 22-1088, Categories: negligence, contract
J. Gonzales grants a motion to "dismiss or for a more definitive statement" and dismisses a contract dispute brought by a consumer against a company that was the owner of her car loan and that the consumer claims "improperly repossessed her car and untruthfully reported her debt to credit reporting agencies." While the consumer's complaints "could implicate potential legal claims if stated differently," she "does not proffer the contract itself nor even describe its terms" despite basing her claims on alleged breaches of contract by the company, and she has brought "two different complaints and nine total claims," all of which were implausible or futile.
Court: USDC New Mexico, Judge: Gonzales, Filed On: June 16, 2023, Case #: 2:21cv1018, NOS: Other Contract - Contract, Categories: Fraud, negligence, contract
J. Schreier finds that an insurance company is not liable for claims of fraud, negligence and misrepresentation in a matter involving a project that the Western Area Power Administration sought to complete. The energy company failed to meet its burden to prove any claims or to show why it is legally entitled to pursue a breach of contract claim.
Court: USDC South Dakota, Judge: Schreier, Filed On: June 13, 2023, Case #: 4:20cv4033, NOS: Insurance - Contract, Categories: Fraud, negligence, contract
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J. Alvarez finds for a group of lenders on a homeowner's fraud, contract and related claims in a foreclosure case. Although the homeowner recites the elements of each claim, he fails to plead any facts to support the claims.
Court: USDC Southern District of Texas, Judge: Alvarez, Filed On: June 12, 2023, Case #: 7:22cv422, NOS: Foreclosure - Real Property, Categories: Fraud, negligence, contract
J. Hyman finds that the lower court properly found the city contractors cannot be held liable for a woman's injuries on an elevated sidewalk because they followed the requirements of the city's plans and instructions. Further, the city inspected and approved their work. Affirmed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: June 12, 2023, Case #: 220266, Categories: negligence, contract
J. Jones denies the construction company's motion to dismiss the lawsuit seeking damages for breach of contract, negligence, and fraud in relation to the renovation and restoration of the consumer's home. The company allegedly caused the disposal of lead paint residue and dust in the consumer's home. The consumer sufficiently pleaded their claims.
Court: USDC Western District of Virginia, Judge: Jones, Filed On: June 6, 2023, Case #: 1:23cv10, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Fraud, negligence, contract
J. Hollander denies an attorney’s motion to dismiss professional negligence allegations brought by a bankruptcy client. The client retained the attorney to represent her when she filed for Chapter 13 bankruptcy, but he refused to seek relief from the stay and continued to bill her, prompting the current suit. Although there had been a delay in the attorney being served, it was only a day late and the client has good cause in the suit, so she is given a retroactive extension of time to serve the attorney.
Court: USDC Maryland, Judge: Hollander, Filed On: June 6, 2023, Case #: 1:22cv2639, NOS: Other Contract - Contract, Categories: Bankruptcy, negligence, contract
J. Stadtmueller finds partially in favor of the solar power plant developer in a lawsuit it faces from a company which loaned the developer more than $500,000 across two business notes which ended up in default. The company who made the loan's motion for summary judgment is partially granted, in that it is ordered that the developer is liable to the company for around $3.9 million per the terms of their agreement even though the company only ever dispersed $514,000, but the company's claim for turnover of a membership interest in the developer is dismissed with prejudice. If the parties are unable to agree on an amount of prejudgment interest, the first round of briefing on the matter is due from the company on July 5, 2023.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: June 2, 2023, Case #: 2:22cv757, NOS: Negotiable Instrument - Contract, Categories: negligence, contract
J. Anderson denies the defendant company's dismissal motion in this negligence lawsuit involving the construction of an industrial building. Contrary to the defendant company's argument, the economic loss doctrine does not bar the claims. Also, the "as is" language in the purchase agreement does not preclude a negligence claim.
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: June 1, 2023, Case #: 1:22cv1015, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, negligence, contract
J. McMillian finds that the trial court properly dismissed the fertilizer companies' fraud, negligence and breach of contract action against the storage tank companies seeking damages from a leaky sulfuric acid storage tank. The trial court correctly found that the claims were barred by the eight-year statute of repose. The tank companies had a substantive, vested right to be free from liability for the breach of contract claims as set out in the pre-2020 version of the statute. The 2020 amendment to the statute cannot be applied retroactively to the breach of warranty claim. Affirmed.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: May 31, 2023, Case #: S23A0273, Categories: Fraud, negligence, contract
J. Stadtmueller finds that because the Saudi Arabian telecom firm has for three years failed to effectively prosecute its breach of contract dispute against the mass alarm and siren company over allegedly defective sirens the latter provided for use by the Saudi government, including by failing to obtain local counsel and arrange for experts they claim from Saudi Arabia, the case must be dismissed with prejudice and costs.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: May 30, 2023, Case #: 2:20cv178, NOS: Other Contract - Contract, Categories: negligence, contract
J. Longoria finds that the lower court improperly denied the appellants' motion to compel arbitration in this lawsuit asserting claims for negligence and intentional infliction of emotional distress in connection with the funeral services provided. There was a valid arbitration agreement, and the claims against the funeral home are "within the scope of the agreement." Reversed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: May 25, 2023, Case #: 13-21-00453-CV, Categories: Arbitration, negligence, contract
J. Wise finds that the trial court improperly granted summary judgment to the insurance agent parties on allegations they failed to timely submit insurance claims, causing a family $2 million in damages. The evidence raises a fact issue as to whether the agent had a duty to submit the claims. Reversed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: May 25, 2023, Case #: 14-21-00708-CV, Categories: Insurance, negligence, contract
J. Johnson finds that the trial court should not have dismissed a worker's slip and fall claim against his employer and homeowner after he fell from the roof of a house when stepping on a paper covering placed on the roof. There is a genuine issue of material fact as to whether the homeowner owed a duty to the worker and whether the homeowner ordered unreasonably dangerous paper for the project. Reversed.
Court: Louisiana Court Of Appeal, Judge: Johnson , Filed On: May 24, 2023, Case #: 22-CA-509, Categories: negligence, contract