127 results for 'court:"USDC Western District of Oklahoma "'.
J. Goodwin denies an aircraft company's motion for summary judgment in this lawsuit involving the sale of a 1987 Dassault Falcon 900 aircraft. The company seeks summary judgment on its cross-claims against the seller, which engaged it to perform a comprehensive inspection of the aircraft and certain maintenance work. The evidence does not show that the seller "failed to pay amounts owed under the C-Check Agreement."
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: June 12, 2023, Case #: 5:20cv742, NOS: Other Contract - Contract, Categories: Transportation, Contract
J. Goodwin partially grants the jet company's motion for summary judgment in this lawsuit involving the sale of an aircraft. The company, which inspected the aircraft and performed certain maintenance, seeks summary judgment on the cross-claims asserted by the buyer. The motion is granted as to the breach of contract claim involving the C-Check Agreement, as well as the claims for tortious inference and fraud by nondisclosure. The buyer has not shown that it can "recover as a third-party beneficiary under the C-Check Agreement."
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: June 12, 2023, Case #: 5:20cv742, NOS: Other Contract - Contract, Categories: Fraud, Transportation, Contract
J. Palk grants the medical device manufacturers' dismissal motion in this product liability lawsuit involving two medical devices that are used to treat diabetes. As to the insulin pump, the patient's strict product liability, negligence, express warranty and implied warranty claims are dismissed on preemption grounds.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: June 9, 2023, Case #: 5:21cv712, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Health Care, Negligence, Product Liability
J. Palk grants the motion to remand this negligence lawsuit alleging that a property owner suffered property damage as a result of water runoff from the neighboring properties. Fraudulent joinder is not a basis for the court "to exercise diversity jurisdiction." Also, the plaintiff property owner has a "reasonable procedural basis" for joining the various defendants, including the defendant insurance company, in a single action.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: June 2, 2023, Case #: 5:23cv263, NOS: Insurance - Contract, Categories: Insurance, Negligence
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