374 results for 'cat:"Civil Procedure" AND cat:"Contract"'.
J. Bailey finds that the lower court improperly granted summary judgment to the appellee company on its breach of contract claim alleging breach of a mediated settlement agreement against an individual who provided pumping services for the company. The appellant argues that the appellee company "breached the payment provision" in the parties' agreement before any alleged breach on his part. The court concludes that summary judgment was not appropriate, as the appellant "sufficiently raised a fact question with respect to the affirmative defense of prior material breach." Reversed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: May 16, 2024, Case #: 11-22-00199-CV, Categories: civil Procedure, contract
J. Reichek finds that the lower court properly entered a take-nothing judgment on the appellant's claims, which included claims for breach of contract and fraud. Contrary to the appellant's argument on appeal, the lower court did not err in granting summary judgment. The record shows that the appellees' no-evidence motion was not conclusory. Affirmed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: May 14, 2024, Case #: 05-23-00208-CV, Categories: civil Procedure, Fraud, contract
J. Miskel finds that the lower court properly entered final judgment in this dispute between a tenant and a landlord involving a settlement agreement. The appellant's brief fails to include a proper discussion of the facts "with citations to the record" or a proper application of the law. Accordingly, the court cannot reach "the substance of his case." Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: May 14, 2024, Case #: 05-22-00098-CV, Categories: civil Procedure, Landlord Tenant, contract
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J. Bolden grants the estate's motion for summary judgment, ruling the attorney's vexatious litigator and civil conspiracy claims are barred by the statute of limitations. He failed to file his complaint within three years of the estate's grievance against him, which was a single act and not an ongoing course of conduct that tolled the limitations clock.
Court: USDC Connecticut, Judge: Bolden, Filed On: May 11, 2024, Case #: 3:17cv958, NOS: Other Contract - Contract, Categories: civil Procedure, contract
J. Molberg conditionally grants the relators' petition for a writ of mandamus, in which they seek to compel the judge in the underlying contract case to rule on certain pending motions. The court concludes that the motions were properly filed and the "trial judge has failed to rule within a reasonable time."
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: May 10, 2024, Case #: 05-24-00191-CV, Categories: civil Procedure, contract
J. Ahlers finds that a creditor's lawsuit against the daughter's power of attorney was properly dismissed in claims alleging non-payment of nursing home bills because she did not become personally liable for the debt simply by being her mother's agent and no longer held power of attorney at the time the suit was filed. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: May 8, 2024, Case #: 23-0459, Categories: civil Procedure, Debt Collection, contract
Per curiam, the appellate division finds that the lower court properly dismissed this breach of contract action over collection services for outstanding parking and traffic tickets as time-barred. The contract expired in 2016, but the company did not file suit until 2019, long after the one-year statute of limitations had expired. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 8, 2024, Case #: 02551, Categories: civil Procedure, contract
J. Smith finds the lower court properly dismissed the contract claim filed by the general contractor against the masonry company. Any defects in fireplaces should have been discovered when the homes were finished in 2016, which means the 2021 claim was barred by Mississippi's three-year statute of limitations. However, because the first fire did not occur until 2018, the negligence claims were not barred by the same statute of limitations and will be reinstated upon remand. Affirmed in part.
Court: Mississippi Court Of Appeals, Judge: Smith, Filed On: May 7, 2024, Case #: 2022-CA-938, Categories: civil Procedure, Construction, contract
Per curiam, the appellate division finds that the trial court properly declined to disqualify a law firm from representing plaintiff in debt collection and contract claims because the record does not indicate the firm's attorneys were involved in a substantially related lawsuit. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: CA 23-00199 , Categories: civil Procedure, contract
Per curiam, the appellate division finds that the lower court improperly dismissed a contract and negligent hiring suit filed by the family of a student against a teacher who bullied him on a school trip. A claim should be read liberally at this early stage in the proceedings, and the various theories were not necessarily duplicative of one another. For example, the cause alleging unjust enrichment was based on the parents' having paid fees for the school trip, which can be dismissed without affecting the negligent hiring charge. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02341, Categories: civil Procedure, Education, contract
J. Barrett finds the circuit court improperly found the romantic partner would be unjustly enriched. The homeowner added her partner's name to the deed of the house under the assumption the parties would be married. After the sale of the house, the partner claimed he was allowed to keep half of the net proceeds from the sale as a joint tenant. The owner made a gift to her partner when she placed his name on the deed. Though the owner regrets the decision, this is not a valid basis for setting aside a deed. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: May 1, 2024, Case #: CV-23-27, Categories: civil Procedure, Property, contract
Per curiam, the appellate division finds that the lower court properly declined to vacate a default on a real property contract and promissory note. Because the buyers failed to provide any reasonable excuse for their default or a good reason to be permitted to grant a late answer, their action fails. There is also no evidence to support the claim that the summons and complaint were too hidden in the packet of documents delivered to the buyers to be read in a timely manner. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02338, Categories: civil Procedure, contract
J. Borden denies, in part, a sellers’ motion for judgment on the breach of contract pleadings in this real estate purchase dispute against the buyers who counterclaims for breach of contract, misrepresentation and suppression. Both parties agree they entered a valid agreement to sell and purchase the property. The sellers argue the buyers failing to close by the date agreed was a breach the contract. The buyers argue the sellers refusing to terminate the agreement and return their money was breach of contract, misrepresentation and suppression. As for the breach of contract claims, there are questions of fact concerning whether the buyers contacted the sellers to discuss termination. The buyers’ misrepresentation and suppression counterclaims fail as a matter of law; constructive knowledge precludes their claims.
Court: USDC Northern District of Alabama , Judge: Borden, Filed On: May 1, 2024, Case #: 6:23cv888, NOS: All Other Real Property - Real Property, Categories: civil Procedure, Property, contract
J. Cole denies, in part, the payroll company's motion to dismiss, ruling that while the previous state court lawsuit filed by the trucking company involved the same parties and issues, its dismissal was not a decision on the merits that would preclude the trucking company from filing this federal lawsuit. However, because the unjust enrichment claim is based on the same conduct as the contract claim and is governed exclusively by the terms of the contract, it must be dismissed as duplicative.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: April 30, 2024, Case #: 1:23cv655, NOS: Other Contract - Contract, Categories: civil Procedure, contract
J. Beetlestone denies, in part, a cultured meat bioreactor equipment maker’s motion for a declaratory judgment in this case against a plant-based food company over failure of payment. The maker does not argue that the declaratory judgment it seeks, that the parties never actually entered into certain amendments in the contract, would “terminate the uncertainty or controversy” around the relevant issue.
Court: USDC Eastern District of Pennsylvania, Judge: Beetlestone, Filed On: April 30, 2024, Case #: 5:23cv1091, NOS: Other Contract - Contract, Categories: civil Procedure, contract
J. Perez finds that the district court improperly dismissed claims seeking to recover losses from the purchase of residential mortgage-backed securities related to 56 trusts administered by two U.S. banks. The investor was contractually barred from bringing claims against trusts with "no action clauses" without complying with pre-suit obligations, but this requirement must be weighed when parties with likely conflicts of interest are involved. On remand, a closer look must be made into whether pre-suit demands would be futile.
Court: 2nd Circuit, Judge: Perez, Filed On: April 30, 2024, Case #: 22-854, Categories: civil Procedure, Securities, contract
J. Hall grants the insureds' motion to exclude certain costs from the insurer's bill of costs after a ruling in the insurer's favor was entered in a breach of contract action. Costs for e-discovery processing, data hosting fees, vendor research, postage, copying and document loading fees are not taxable. The clerk is ordered to tax costs in the amount of $883 against the insureds.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: April 26, 2024, Case #: 1:21cv19, NOS: Insurance - Contract, Categories: civil Procedure, contract
J. Poissant finds that the trial court improperly dismissed for want of prosecution the subcontractor's suit over unpaid services. The subcontractor gave a reasonable explanation of his counsel's failure to appear at the status conference, so the motion to reinstate should have been granted. Reversed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: April 23, 2024, Case #: 14-23-00059-CV, Categories: civil Procedure, contract