125 results for 'cat:"Business Practices" AND cat:"Contract"'.
J. Carlyle finds that the lower court properly granted the special appearance in this lawsuit asserting a claim for tortious interference with contract after the appellee company allegedly hired one of the appellant's employees. The court rejects the appellant's argument that the appellee company, which operates principally in Michigan, consented to general jurisdiction in Texas "by registering to do business here." The registration statutes do not specifically indicate that "complying with them would subject a business to personal jurisdiction." Also, the employee at issue lives and works in Arizona, and his contract was executed under Michigan law. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: May 16, 2024, Case #: 05-23-00921-CV, Categories: Interference With contract, Jurisdiction, business Practices
J. Belsome finds that the trial court properly found for a marina owner on his fraud and Unfair Trade Practices Act claims against the credit card processor after the processor could not wirelessly integrate all of the marina's sales with its inventory and accounting system. The marina owner was properly awarded treble damages because the processor took steps to hide the identity of the contracting party, arranged to have his credit card devices placed on the gas pumps without a request or authorization by the marina owner, and misrepresented the credit card system he could deliver. Further, the processor refused to refund the marina owner's money, did not contact the marina owner, and engaged in months of evading service of process. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: May 15, 2024, Case #: 2023-CA-0660, Categories: Fraud, business Practices, contract
J. Palermo finds that a lessee of several commercial properties, who prematurely terminated a lease, has shown that information that could be provided through additional discovery is likely to have bearing on the case. The lessor entered into a replacement lease days after the close of discovery and the lessee requests additional information on the new lease which may have bearing on the damages involved in the early termination of the prior lease. The lessee’s motion to continue is granted.
Court: USDC Southern District of Texas, Judge: Palermo, Filed On: May 14, 2024, Case #: 4:23cv1194, NOS: Other Contract - Contract, Categories: Landlord Tenant, business Practices, contract
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J. Hunt, in this complex contract disagreement between the suing painting service franchisor and sued painting service franchisee, grants the franchisor’s motion for summary judgment on the franchisee’s false inducement counterclaims, and denies both parties’ cross-motions for summary judgment on the franchisor’s breach of contract and guaranty claims. The court finds the language of the franchise contract is too ambiguous to justify either a false inducement claim or a definitive summary judgment for either party on contract and guaranty breach claims.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: May 10, 2024, Case #: 1:20cv4919, NOS: Franchise - Contract, Categories: business Practices, contract
J. Copenhaver grants the insurance carrier’s motion for summary judgment in the property management company's suit seeking declaratory judgment the carrier was obligated to defend it in a counterclaim Union Carbide filed against the company claiming it bore partial responsibility for damage to not only its property, but also the nearby Davis Creek Watershed from the run-off of toxic chemicals. Since the company has failed to not only prove the existence of a policy from 1987 through 2005, but also any of the policy's material terms, the carrier has no duty to defend or indemnify it.
Court: USDC Southern District of West Virginia, Judge: Copenhaver , Filed On: April 23, 2024, Case #: 2:22cv135, NOS: Insurance - Contract, Categories: Insurance, business Practices, contract
J. Peterson grants a retailer’s motion for preliminary injunction in this contract matter. The retailer is a dealer of Kubota Tractor products. Kubota Tractor wishes to terminate the parties’ dealer agreement, as it finds the retailer is not meeting the requirements of the agreement including sales quotas and advertising requirements. The retailer seeks to keep the agreement in force, arguing the discontinuation of the dealership would mean the potential closure of its stores. The instant court finds the retailer has established it is entitled to a preliminary injunction and thereby grants it.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: April 19, 2024, Case #: 24cv23, NOS: Other Contract - Contract, Categories: business Practices, contract
Per curiam, the appellate division finds that the lower court properly denied the defendant media company's motion to dismiss the plaintiff's claim that it is entitled to share in the $35 million fee paid to the media company for the relinquishment of certain air rights. Nothing in the parties' 2004 letter agreement excludes rights that are subsequently relinquished or transactions requiring the company's consent. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 4, 2024, Case #: 01870, Categories: business Practices, contract
J. Stratton finds the lower court improperly granted a special motion to strike and found in favor of a law firm in this matter of alleged breach of contract and fraud. A film company had an agreement with a capital group to help find funding for film projects, and to receive a portion of the funding. The capital group dissolved, and the principal formed another company that received funding through one of the companies that the film company found for him when he was with the previous group; an action that allegedly breached the parties original agreement. The lower court granted an anti-SLAPP motion based on the fact that the film company rooted its claims on a letter from the law firm that the lower court determined was a protected communication, but the instant court found that the letter was in response to an email sent from the film company asking for assistance in collecting a fee, not tied to any litigation, and is therefore not a protected communication. The matter is remanded with an order denying the motion. Vacated.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: March 28, 2024, Case #: B323356, Categories: business Practices, contract
J. Connolly properly denied the fabric manufacturer's motion to dismiss counterclaims brought by a solar shade maker in a copyright dispute over the weaves, patterns, and colors co-produced by the companies in their 30 year partnership. The solar shade maker's counterclaims sufficiently plead that the restrictive covenants in the parties' agreements were enforceable. Affirmed.
Court: New York Appellate Divisions, Judge: Connolly, Filed On: March 27, 2024, Case #: 01744, Categories: Trade Secrets, business Practices, contract
J. Drell grants summary judgment to a Texas-based corrugated packaging company, dismissing breach of contract claims by a transportation service in Mississippi. The proposed written contract for warehousing services and its terms are unenforceable, and the corrugated packaging company in Texas did not promise the Mississippi company a three-year term for warehousing services.
Court: USDC Western District of Louisiana , Judge: Drell, Filed On: March 21, 2024, Case #: 1:20cv445, NOS: Other Contract - Contract, Categories: Evidence, business Practices, contract
Per curiam, the appellate division finds that the lower court improperly denied the leaser's motion to dismiss a counterclaim for breach of contract filed by the lessee of an aircraft engine. Under the terms of the contract, the lessee unconditionally agreed to waive all rights and damages with regard to the engine other than claims based on willful misconduct on the part of the leaser. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 19, 2024, Case #: 01513, Categories: business Practices, contract
J. Chambers grants the recreational vehicle manufacturer's motion to dismiss the customer's breach of warranty suit claiming a 2022 Forest River Sandpiper he purchased from a dealer in Ashland, Kentucky, was defective and that multiple attempts to repair the RV were unsuccessful. The court finds the customer signed the warranty registration when he purchased the RV which contained the "magic words" in the forum selection clause that any action must be filed in Indiana. The court stays enforcement of its order to allow the customer to file a motion to transfer.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: March 15, 2024, Case #: 3:23cv570, NOS: Other Contract - Contract, Categories: business Practices, Warranty, contract
J. Manzanet-Daniels finds that the lower court properly dismissed a businessman's complaint against his former partner in a dispute over the partner's failure to cash out his investment, worth $11 million. The original exit opportunity agreement is unenforceable because it was superseded by an amendment to the company's limited liability agreement. Affirmed.
Court: New York Appellate Divisions, Judge: Manzanet-Daniels, Filed On: March 14, 2024, Case #: 01337, Categories: business Practices, contract