224 results for 'cat:"Damages" AND cat:"Contract"'.
J. Rubin grants a fire protection equipment and services firm’s motion for summary judgment against Nationwide’s negligence and breach of warranties claims when the sprinkler system in a local community center froze and caused water damage. According to the agreement, the actions of the firm are covered and therefore, Nationwide cannot recover $294,000 in damages from the firm.
Court: USDC Maryland, Judge: Rubin, Filed On: June 14, 2023, Case #: 1:20cv684, NOS: All Other Real Property - Real Property, Categories: Insurance, damages, contract
J. Hess finds the trial court properly granted the property owner's motion for summary judgment on its contract claim against the restaurant that abandoned the premises and breached the parties' lease agreement. Although the space was rented out to another tenant shortly after the abandonment, the owner was still entitled to recover full damages under the contract, which granted full title and ownership of the property and all improvements to the owner. Therefore, the court was not required to offset damages by the amount of rent received by the owner from the new tenant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hess, Filed On: June 13, 2023, Case #: 2023-Ohio-1978, Categories: damages, contract
J. Baldwin finds the trial court properly granted the part-owner's motion for summary judgment on contract claims related to his separation agreement. His 20 percent ownership interest was clearly established by the agreement and was triggered under the agreement when the company was sold to a third party. Additionally, because the agreement also explicitly stated the part-owner would be entitled to 20 percent of any sale to outside interests, the trial court properly awarded him damages in 20 percent of the sale price. Affirmed.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: June 13, 2023, Case #: 2023-Ohio-1958, Categories: damages, contract
Per curiam, the appellate division finds that the trial court improperly awarded money judgment in claims seeking payment for work an electrical subcontractor performed on a renovation project because the subcontractor failed to demonstrate it properly calculated damages or that damages should be calculated as the difference between the bid estimate and actual labor costs.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 9, 2023, Case #: CA 22-01470, Categories: Construction, damages, contract
J. Hollander partially grants a life insurance firm’s motion to dismiss allegations of breach of contract brought by a class of consumers, specifically regarding a punitive damages claim. Maryland state law observes that parties can sue for punitive damages only in tort cases, not breach of contract. However, since the firm is based out of Missouri, and it was aware that it charged consumers for expenses unrelated to death, according to state law there, the consumers’ claim for punitive damages as related to conversion may proceed.
Court: USDC Maryland, Judge: Hollander, Filed On: June 7, 2023, Case #: 1:22cv1100, NOS: Insurance - Contract, Categories: Insurance, damages, contract
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J. Pryor finds that the district court properly denied the insurer's motion for a new trial alleging that a jury's $9.2 million damages award in favor of the insured in a breach of contract action against the insurer was excessive. The action arose out of the insurer's decision to deny the insured's claim for hurricane damages. The jury's verdict was within the range of damages that a jury reasonably could have awarded based on the evidence. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: June 5, 2023, Case #: 20-13954, Categories: Insurance, damages, contract
J. Milazzo grants summary judgment to a Louisiana customer of a Texas limited liability company on its breach of contract claims, after it performed water mitigation services at his home after Hurricane Ida. Because the work done was that of a contractor, and the Texas company did not have a Louisiana contractor’s license, the contract violates Louisiana law. Without a valid contract, the Texas company’s breach of contract claim must fail.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: June 5, 2023, Case #: 2:22cv1948, NOS: Other Contract - Contract, Categories: Construction, damages, contract
J. Montalvo denies a motion for leave to intervene after a medical company won an award in arbitration in a contract dispute with a second medical company and moved for a “writ of execution and garnishment” to retrieve its award. A financial company then filed as an intervenor, arguing it should have “priority status” to assets from that second company based on prior agreements with that company. The motion for leave should be denied because the intervenor did not timely file and because its fears that granting the writ will “impede or interfere” with its own interests are “misplaced.”
Court: USDC Western District of Texas , Judge: Montalvo, Filed On: June 5, 2023, Case #: 3:20cv7, NOS: Other Contract - Contract, Categories: Arbitration, damages, contract
Per curiam, the appeals court finds the trial court improperly denied the logistics provider's motion to amend its complaint against two of its former employees alleging tortious interference, breaches of the duty of loyalty and civil conspiracy to seek punitive damages. The logistics provider has made a "reasonable showing" of a "reasonable basis" for punitive damages, including by providing emails and text messages allegedly showing the two former employees conspiring with a competitor to solicit the provider's employees and to secretly take over one of the provider's offices for the competitor's benefit. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: June 2, 2023, Case #: 23-0235, Categories: Tort, damages, Interference With contract
J. Rosenthal finds Wells Fargo owes $38 million to Occidental Petroleum for failing to sell hundreds of thousands of shares of stock in the oil company’s rabbi trust on certain dates in January 2020. The appropriate method for calculating damages is the difference between the price of the stock on the date the parties' agreed the bank would sell and the price of the stock on the dates the bank belatedly sold the stock.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: May 31, 2023, Case #: 4:21cv1126, NOS: Other Contract - Contract, Categories: Energy, damages, contract
J. Scarsi finds in favor of the nonprofit public benefit corporation for its contract counterclaim alleging that the business owners did not keep thousands of its patients’ private medical records confidential in 2012, and alleging that in 2021 the business owners registered a website with “access to thousands of current and past Kaiser Permanente members and patients” that displayed the nonprofit public benefit corporation’s marks. The nonprofit corporation is entitled to damages because the business owners refused to delete at least one patient's data despite their request to do so, and the nonprofit corporation’s efforts to complete this request cost several thousand dollars.
Court: USDC Central District of California, Judge: Scarsi, Filed On: May 31, 2023, Case #: 5:22cv278, NOS: Trademark - Property Rights, Categories: Trademark, damages, contract
J. Virden finds the trial court improperly entered summary judgment in favor of certain tenants who claim the apartment management breached lease agreement covenants, creating and maintaining “a [mold] nuisance in the common areas of the apartment complex.” There is no evidence on record that three tenants in this suit paid rent, signed a lease or otherwise could state a claim. As to other, valid tenants, previous holdings by the Arkansas Court of Appeals have established that a circuit court errs when it grants summary judgment on a breach-of-contract claim when proof of causation was lacking. Nominal damages may be recovered “for a breach of contract unaccompanied by any actual damage,” according to prior guiding cases, which is sufficient to preclude summary judgment. Affirmed in part. Reversed in part and remanded.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: May 24, 2023, Case #: CV-20-628, Categories: Landlord Tenant, damages, contract
J. Gleason denies the plaintiff company's motion for partial summary judgment in this breach of contract lawsuit involving the company's royalty interest in a gold mine. At issue is the mine owner's calculation of its construction investment. The plaintiff company "raised a new theory of damages after the close of all discovery." Accordingly, supplemental discovery will be permitted as to the "drafting parties' intent and understanding of the relevant contract provisions," and the plaintiff's partial summary judgment motion will be denied without prejudice.
Court: USDC Alaska, Judge: Gleason, Filed On: May 24, 2023, Case #: 1:21cv21, NOS: Other Contract - Contract, Categories: Real Estate, damages, contract