1,686 results for 'nos:"Other Contract - Contract"'.
J. Cartwright denies the video game company summary judgment for the contract claim in the video game developer's complaint alleging that the company refused to pay the developer royalties for the game "7 Days to Die." The video game company argues that the statute of limitations for the video game developer's claim began when the company first paid him on “net profits after expenses," but the contract in question was part of continuing services, so the statute of limitations does not apply.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: April 10, 2024, Case #: 3:22cv5718, NOS: Other Contract - Contract, Categories: Contract
J. Dever grants in part a ticket booking firm’s motion to dismiss allegations of breach of contract and fraudulent inducement, among others, brought by the organizer of the Voices of America Country Music Festival. The organizer claims that the firm created over 5,000 duplicate tickets and over 1,800 duplicate parking passes, valued at over $1.4 million total. This is a clear breach of contract, but the firm presents sufficient evidence that its errors were unintentional, so all other claims are dismissed.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 9, 2024, Case #: 5:23cv676, NOS: Other Contract - Contract, Categories: Fraud, Trade, Contract
J. Aenlle-Rocha grants an insured's motion to overturn the insurer's denial of benefits for his son's treatment at a residential care facility. The treatment was denied as "not medically necessary" despite the insured's appeal with neuropsychological assessments, five letters of medical necessity from treatment providers, and thousands of pages of medical records and treatment notes. The insured "has satisfied his burden of proving medical necessity as to the treatment at issue with credible, persuasive evidence." The insurer denied the claim without sufficient explanation and "disregarded relevant medical evidence and did not afford [the insured] a full and fair review of his claims."
Court: USDC Central District of California, Judge: Aenlle-Rocha, Filed On: April 9, 2024, Case #: 2:23cv6413, NOS: Other Contract - Contract, Categories: Erisa, Insurance, Contract
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J. Winmill grants property owners' motion to dismiss neighbors' allegations that they have breached an easement by refusing to share the cost of maintaining and replacing a shared tram that both neighbors use to traverse a steep hill up to their properties, and by demanding that the neighbors relocate the tram onto their property, and terminating the easement. "The continuous nature of the obligations under the easement are not
enforceable." The property owners, "as owners of the dominant estate, have the legal right to terminate the easement."
Court: USDC Idaho, Judge: Winmill, Filed On: April 9, 2024, Case #: 2:23cv507, NOS: Other Contract - Contract, Categories: Real Estate, Contract
J. Pulliam remands to state court a convoluted contractual dispute concerning the foreclosure of several properties, because a nondiverse party in the case — a substitute trustee for the foreclosing bank — was properly joined, and therefore this court lacks jurisdiction.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: April 9, 2024, Case #: 5:23cv1527, NOS: Other Contract - Contract, Categories: Jurisdiction, Foreclosure, Contract
J. Fitzgerald finds in favor of Mercedes-Benz USA against the consumer's complaint that it sold a defective used 2017 Mercedes-Benz C300 but did not honor its new vehicle limited warranty, which extends “to the original and each subsequent owner of a new Mercedes- Benz vehicle that any authorized Mercedes-Benz Center will make any repairs or replacements necessary to correct defects in material or workmanship, but not design, arising during the warranty period.” Part of the warranty does not apply because the consumer bought the vehicle from CarMax, not Mercedes-Benz, and the other obligations do not apply because Mercedes-Benz did not breach the warranty when it provided free repairs to address the malfunctioning ECO start/stop feature during the warranty period.
Court: USDC Central District of California, Judge: Fitzgerald, Filed On: April 9, 2024, Case #: 2:23cv3049, NOS: Other Contract - Contract, Categories: Vehicle, Warranty, Contract
J. Frank denies the guarantor's motion to dismiss the lender's suit against him for forum non conveniens or a stay pending resolution of another action in California. The parties' agreement includes a valid forum-selection clause, and it is unclear whether the financing involved in the California case are related to the loan at issue here. Public-interest factors have not been shown to sufficiently support dismissal, and it is unlikely that the California action will dispose of any of this case's issues.
Court: USDC Minnesota, Judge: Frank, Filed On: April 9, 2024, Case #: 0:23cv2244, NOS: Other Contract - Contract, Categories: Venue, Contract
J. Bumb dismisses claims contending a wealth manager failed to pay a temporary employee for corporate branding and marketing services because the employee failed to demonstrate the wealth manager's Delaware-based activities purposefully targeted New Jersey or that the wealth manager knew the employee resided in that state at the time of his alleged contract.
Court: USDC New Jersey, Judge: Bumb , Filed On: April 9, 2024, Case #: 1:23cv4352, NOS: Other Contract - Contract, Categories: Employment, Jurisdiction, Contract
J. Broderick finds for the equine hospital on breach of contract and fraud claims in a suit over the attempted purchase of a CT scanner for $995,000. While the hospital made down payments on the machine, the defendant manufacturer actually lacked the capacity to make the technology it purported to sell. The manufacturer clearly breached the contract by failing to timely deliver the machine, its only obligation under the agreement, and the hospital incurred damages of $546,000 in down payments it made on a machine that was never delivered.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: April 9, 2024, Case #: 1:18cv6925, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Albregts denies both parties’ motions for summary judgment. The purchaser sues for unjust enrichment, breach of fiduciary duty, legal malpractice’ and fraud regarding an allegedly fraudulent real estate investment scheme. The seller represented herself as a realtor and was retained by the purchaser to purchase various Nevada properties under his name and to rent out and manage those properties for his benefit. The alleged realtor forged deeds and transferred legal title of the properties to and from entities she controlled, leaving the purchaser with one of 24 properties for which he has not received his investment money back. According to the evidence shown, multiple questions of material fact must be decided at trial.
Court: USDC Nevada, Judge: Albregts, Filed On: April 9, 2024, Case #: 2:20cv1683, NOS: Other Contract - Contract, Categories: Fraud, Real Estate, Legal Malpractice
J. Kirsch allows a company to continue claims contending manufacturers failed to deliver vinyl gloves and refused to return the deposit because the broker knew the manufacturer misrepresented that the company's deposit was guaranteed by a bank letter.
Court: USDC New Jersey, Judge: Kirsch , Filed On: April 8, 2024, Case #: 3:22cv6120, NOS: Other Contract - Contract, Categories: Contract
J. Chasanow grants a communications company, consultant company, chief executive officer and chief financial officer’s partial motion to dismiss in this contract dispute brought by a former chief executive officer of the communications company. The former officer alleges that she was induced by the consultant company and its officers in order to enter a purchase agreement. She fails to allege false representations or state a claim for fraud.
Court: USDC Maryland, Judge: Chasanow, Filed On: April 8, 2024, Case #: 8:23cv2749, NOS: Other Contract - Contract, Categories: Communications, Fraud, Contract
J. Ellison finds that a case brought by a distributor of telecommunications products in which a manufacturer terminated an exclusive contract and directed the distributor’s customers to buy directly from the manufacturer can proceed to review an amended complaint from the distributor. The court awaits relevant information to be presented in the amended complaint that will determine if the distributor’s client list constitutes trade secrets.
Court: USDC Northern District of Texas , Judge: Ellison, Filed On: April 8, 2024, Case #: 4:22cv48, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract
J. Mazzant grants partial summary judgment to the couple on their Fair Debt Collection Practices Act and unreasonable collection efforts claims against a debt collector that harassed them over money allegedly owed to a remodeling contractor. The couple gave sufficient evidence to establish the collector's liability as to the claims, though the issue of damages will be determined at trial or a subsequent hearing.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: April 8, 2024, Case #: 4:22cv143, NOS: Other Contract - Contract, Categories: Civil Procedure, Debt Collection
J. Martinez awards the shipyard $959,100 in attorney fees and costs after it was awarded $40,000 for its negligence counterclaim against the towing service. The parties' tow agreement clearly and separately provides that the prevailing party may obtain attorney fees. However, certain "write-off" fees are reduced from the shipyard's request for $1.4 million in fees, and a further 20% reduction is appropriate "due to the disproportionality between the fee request and damages awarded at trial."
Court: USDC Western District of Washington, Judge: Martinez, Filed On: April 5, 2024, Case #: 2:20cv416, NOS: Other Contract - Contract, Categories: Negligence, Attorney Fees, Contract
J. Morris allows some claims to proceed against the owner of a "condo hotel" regarding allegations that the hotel uses exclusive leasing arrangements that essentially function as unlawful "tying arrangements." There is enough on the record at this stage to suggest that the owner has used unlawful property declarations regarding their rental management and condominium ownership agreements to which customers have had to agree. While antitrust claims fail for not showing evidence of market power, claims related to the property declarations may proceed to determine if they are unenforceable.
Court: USDC Montana, Judge: Morris, Filed On: April 5, 2024, Case #: 2:21cv95, NOS: Other Contract - Contract, Categories: Antitrust, Property
J. Newbern recommends that the insurance company's dismissal motions be denied in this case arising from a three-vehicle accident and the "state court proceedings related to the accident." The court rules that the company's motions are untimely and insufficient. However, the court also recommends that the case be dismissed without prejudice based on a lack of jurisdiction. The motorist's claims are barred under the Rooker-Feldman doctrine.
Court: USDC Middle District of Tennessee , Judge: Newbern, Filed On: April 4, 2024, Case #: 3:23cv1244, NOS: Other Contract - Contract, Categories: Insurance, Jurisdiction
J. Schmehl denies in part a foam insulation company’s motion to dismiss a pipe company’s intellectual property complaint arising from a botched product development agreement and potential acquisition between parties whose relationship eventually soured. The pipe company’s expert report contains potentially problematic accounting practices at the insulation company that create genuine disputes of material fact for trial.
Court: USDC Eastern District of Pennsylvania, Judge: Schmehl, Filed On: April 4, 2024, Case #: 5:21cv5077, NOS: Other Contract - Contract, Categories: Evidence, Property, Contract
J. Kovner rules against a debtor and its guaranties and finds them liable for the delinquent amounts under a promissory note. The court, however, reserves ruling on Axos Bank’s request for $4.9 million in damages due to several discrepancies with the amounts provided, and orders the bank to submit additional information.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: April 3, 2024, Case #: 1:20cv3549, NOS: Other Contract - Contract, Categories: Banking / Lending, Contract
J. Frimpong grants homeowners' application for a temporary restraining order to restrain a mortgage company's trustee's sale after it denied their request for a loan modification. The homeowners have shown that they will be irreparably prejudiced by the standard briefing schedule because of the need for a hearing date prior to the scheduled foreclosure sale date. The mortgage company has not provided evidence that it communicated with the homeowners about how to apply for any foreclosure prevention alternatives. The homeowners have established that the property is their primary residence and that they would suffer irreparable harm if the foreclosure sale continues.
Court: USDC Central District of California, Judge: Frimpong, Filed On: April 3, 2024, Case #: 2:24cv1529, NOS: Other Contract - Contract, Categories: Real Estate, Restraining Order
J. Kindred denies a potential lodge buyer's motion for a new trial and grants in part the lodge owner's motion for attorney fees after the potential buyer terminated the sale contract. The jury found that the buyer breached the covenant of good faith and fair dealing and awarded one dollar to the owner, and found that the owner had made negligent misrepresentations to the buyer, and awarded one dollar to the buyer. Both parties claim to be the prevailing party. The jury's verdict was reasonable and not contrary to the weight of the evidence. The lodge owner made an offer of judgment to the buyer, which the buyer rejected. This entitles the owner to costs incurred after the offer was made. The owner is to provide separate accountings for costs and fees.
Court: USDC Alaska, Judge: Kindred, Filed On: April 3, 2024, Case #: 3:21cv123, NOS: Other Contract - Contract, Categories: Attorney Fees, Contract
J. Pechman dismisses the internet security company's complaint that Microsoft wrongfully used compromised account credential data to check against any login credentials entered into any website, brands and domains even if it it didn't belong to Microsoft. The contract does not have any limitations on how Microsoft could use the data, and the internet security company does not explain what Microsoft Edge web browser and active directory federation service did and how it violated the contract.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: April 2, 2024, Case #: 2:23cv899, NOS: Other Contract - Contract, Categories: Contract