1,683 results for 'nos:"Other Contract - Contract"'.
J. Dale denies in part an airport baggage handling system company's motion to dismiss a business partner's claims for civil conspiracy, tortious interference with prospective economic advantage and tortious interference with contract. The business partner, who was the prime contractor, began negotiations to acquire the other company. After negotiations broke down, the business partner became concerned that the company was not complying with the teaming agreement and alleges that the president of the company made false allegations about the business partner to stop the acquisition from moving forward. The business partner has plausibly stated a tortious interference with prospective economic advantage claim.
Court: USDC Idaho, Judge: Dale, Filed On: April 2, 2024, Case #: 1:23cv499, NOS: Other Contract - Contract, Categories: Interference With Contract, Contract
J. Ramos partially denies the defendant manufacturer's motion to dismiss breach of contract claims stemming from a contract to package the plaintiff manufacturer's infant formula product. The plaintiff sufficiently alleges that defendant breached the express terms of the agreement, by refusing to package the product during the 2022 national infant formula shortage. However, plaintiff does not adequately claim that the packager's conduct was intended to harm the manufacturer in order to promote its own formula product.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: April 2, 2024, Case #: 1:23cv8, NOS: Other Contract - Contract, Categories: Contract
J. Kobayashi partially dismisses the insurance company’s counterclaims in an underlying action involving a construction project at a correctional facility completed by the developer. The developer does not show with any specificity that it would not have entered into a settlement agreement in the underlying case, had it received final drawings of the project during discovery.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 1, 2024, Case #: 1:23cv117, NOS: Other Contract - Contract, Categories: Settlements, Discovery, Contract
J. Robart denies summary judgment to the nutrition supplement company for the contract claim in its complaint alleging that the advertising agency breached the contract by demanding payment for expenses and creative services. The nutrition supplement company does not state which provisions of the contract the advertising agency breached.
Court: USDC Western District of Washington, Judge: Robart, Filed On: April 1, 2024, Case #: 2:22cv1063, NOS: Other Contract - Contract, Categories: Contract
J. Talwani grants an employee’s cross-motion for summary judgment against her former employers, who are suing her for allegedly breaching non-compete, confidentiality and other agreements she made with them. The parties are under Chinese law, under which only senior personnel are bound by non-compete agreements.
Court: USDC Massachusetts, Judge: Talwani, Filed On: March 31, 2024, Case #: 1:20cv11711, NOS: Other Contract - Contract, Categories: Employment, Unfair Competition, Contract
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J. Boulware denies the real estate broker's motion for summary judgment on multiple allegations against other brokerage entities involving theft of trade secrets stemming from nondisclosure agreements from a brokerage acquired from bankruptcy proceedings and the new employment of its brokers. There are disputed facts as to whether a new employer took intentional acts to disrupt the confidentiality provisions of a contract. Factual issues remain on key elements of the causes of action.
Court: USDC Nevada, Judge: Boulware , Filed On: March 31, 2024, Case #: 2:15cv531, NOS: Other Contract - Contract, Categories: Bankruptcy, Real Estate, Trade Secrets
J. Boulware denies the bank's renewed motion for judgment as a matter of law. A property investor claims the bank committed trade secret misappropriation by using its customer lead list. The bank's insufficiency of evidence argument improperly focuses on select leads in the list as being publicly available, and, therefore, not secrets. However, evidence presented shows the list was confidential.
Court: USDC Nevada, Judge: Boulware , Filed On: March 30, 2024, Case #: 2:15cv510, NOS: Other Contract - Contract, Categories: Property, Trade Secrets, Banking / Lending
J. Blakey partially grants the sued software development company’s motion to dismiss the suing software development firm’s copyright infringement, trade secret misappropriation and breach of contract claims. The suing firm claims one of its former employees used his knowledge of its programs to develop an almost identical research software to the one it markets, and launched the software with his competing company. The court dismisses the suing firm’s confidentiality and non-competition agreement breach claim, but allows all its other allegations to go forward.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: March 29, 2024, Case #: 1:23cv676, NOS: Other Contract - Contract, Categories: Copyright, Trade Secrets, Technology
J. Whitehead declines to dismiss Amazon's complaint that the research institute refused to refund Amazon after it did not supply the company with the promised disposable medical gloves. Amazon sufficiently alleges that the research institute's employees and officers are its alter egos, that they knowingly made false promises about the disposable medical gloves, and that some misrepresentations happened before Amazon made the purchase.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: March 29, 2024, Case #: 2:21cv753, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Seybert preserves claims against a Texas-based product manufacturer alleging it violated an exclusive distribution agreement to sell portable gas detectors and to offer calibration services to plumbing contractors in the New York City metropolitan area when it began offering competing products and services. The court finds the agreement is enforceable and the defendants agreed to be bound by its terms.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: March 29, 2024, Case #: 2:22cv7845, NOS: Other Contract - Contract, Categories: Unfair Competition, Contract
J. Peterson grants the transportation broker and solar panel supplier's motion to dismiss or transfer the shipping company's lawsuit over issues with two shipments of solar panels, one of which was the result of fraud by an impostor who hacked the company's electronic credentials. In part because the record does not show that the Arizona-based supplier has sufficient business contacts with Wisconsin such that jurisdiction has been established, the case is transferred to the proper venue at the U.S. District Court for the Southern District of Ohio.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: March 29, 2024, Case #: 3:23cv356, NOS: Other Contract - Contract, Categories: Jurisdiction, Venue, Contract
J. Westmore allows a single negligence claim to proceed against X Corp. in a class privacy dispute stemming from a 2022 data breach. X is shielded from the bulk of the contract and unjust enrichment claims by the Terms of Service agreement between it and its users, thought those claims are tossed with leave to amend in the event that users can prove the Terms of Service are "unconscionable." A negligence claim is allowed to survive at this stage, but its future survival is also predicated on the ability to prove that the Terms of Service are void.
Court: USDC Northern District of California, Judge: Westmore, Filed On: March 29, 2024, Case #: 4:23cv186, NOS: Other Contract - Contract, Categories: Negligence, Privacy, Class Action
J. Davis partially grants the auditor's motion to dismiss its client's counterclaims in a case arising from the parties' relationship in the years leading up to the client's entry into rehabilitation. Minnesota law governs the motion to dismiss, and the client's claims related to a collection of 2016 investments are time-barred. Other claims, stemming from a 2016 reinsurance transaction and the appointment of an actuary in the same year, are not time-barred. Claims for breach of fiduciary duty are dismissed for failure to state a claim, as are claims alleging fraudulent concealment.
Court: USDC Minnesota, Judge: Davis, Filed On: March 29, 2024, Case #: 0:22cv3132, NOS: Other Contract - Contract, Categories: Fiduciary Duty, Choice Of Law, Contract
J. Scholer allows a petroleum vendor’s claims of constructive fraud to proceed in a case in which defendant continued to advance a client funds to purchase petroleum products despite defendant’s knowledge of the client’s inability to pay. The client filed for bankruptcy and the vendor now seeks payment for the petroleum product from defendant because Oklahoma’s Oil and Gas and Lien Act allows hydrocarbons to be sold with a lien on the proceeds from the sale of the product.
Court: USDC Northern District of Texas , Judge: Scholer, Filed On: March 29, 2024, Case #: 3:23cv525, NOS: Other Contract - Contract, Categories: Energy, Fraud, Contract
J. Goodwin denies the Georgia company's dismissal motion in this breach of contract lawsuit brought by an Oklahoma company. The plaintiff company has established a prima facie case for personal jurisdiction, based on the parties' continuing business relationship. Additionally, the arguments presented by the Georgia company do not support a transfer to the Northern District of Georgia.
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: March 29, 2024, Case #: 5:22cv200, NOS: Other Contract - Contract, Categories: Jurisdiction, Venue, Contract
J. Perez grants a bank’s motion to dismiss a Black pro se litigant’s case alleging that the bank engaged in racial discrimination, profiling, and defamation. The litigant failed to present evidence to support any of his claims.
Court: USDC Eastern District of Pennsylvania, Judge: Perez, Filed On: March 29, 2024, Case #: 2:22cv5084, NOS: Other Contract - Contract, Categories: Civil Rights, Defamation, Banking / Lending
J. Kleeh certifies as class action the Harrison County homeowner's complaint accusing her mortgage loan service provider of unfair debt collection practices under the West Virginia Consumer Credit and Protection Act. The proposed class of borrowers meets the requirements of numerosity, commonality, typicality and adequacy of representation for certification under Rule 23(b)(3).
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: March 29, 2024, Case #: 1:21cv122, NOS: Other Contract - Contract, Categories: Banking / Lending, Class Action, Contract
J. Underhill grants in part and denies in part a motion for summary judgment in a case in which Bondsmen did not return a depositor’s funds. The case is timely, and statute of limitations claims by Bondsmen do not apply. The depositor’s claim of fraudulent misrepresentation is denied because the Bondsmen’s representation of legal issuance of the bonds is an issue of fact. The depositor’s motion for summary judgment is denied in part and granted in part.
Court: USDC Connecticut, Judge: Underhill, Filed On: March 28, 2024, Case #: 3:21cv221, NOS: Other Contract - Contract, Categories: Fraud, Conversion, Contract