7 results for 'cat:"Judiciary" AND cat:"Contract"'.
Per curiam, the Ninth Circuit adopts a special master’s factual findings and recommended sanctions and disciplinary actions on a company and its attorneys for misconduct and unreasonable and vexatious multiplication of proceedings. The underlying matter involves allegations that the company filed their appeal in bad faith to delay payment of an attorney fee award entered by the District Court for the Southern District of California.
Court: 9th Circuit, Judge: Per curiam, Filed On: March 14, 2024, Case #: 22-55142, Categories: judiciary, contract
J. Riggs finds that the court of appeals properly overturned the decision declining to hear oral testimony at a summary judgment hearing in this breach of lease complaint because the court's misinterpretation of statute led it believe it was not permitted to allow testimony. Reversed.
Court: North Carolina Supreme Court, Judge: Riggs, Filed On: December 15, 2023, Case #: 351A22, Categories: judiciary, contract
J. Gravois finds that the trial court should not have denied a judge's motion for summary judgment on an individual's claim that the judge conspired with a law clerk to destroy court documents in another suit that the individual was a party to in the same court. The judge testified that he never observed the law clerk mishandle any court documents, and the individual did not present direct evidence that the law clerk destroyed the documents. The complaints against the law clerk were investigated, and there were no eyewitness accounts of the destruction of the documents. Reversed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: December 14, 2023, Case #: 22-C-589, Categories: Evidence, judiciary, contract
Per curiam, the circuit finds that the district court properly dismissed claims seeking to vacate findings in a dispute over the purchase of an Apple computer after it was disclosed that the presiding judge at the time held stock in the company. Although recusal was preferable, the case underwent subsequent review by a different judge, who determined that the original judge's failure to disqualify himself had been rendered harmless by an intervening circuit appeal. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: October 11, 2023, Case #: 22-1745, Categories: judiciary, contract
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J. Pyle finds that the trial improperly ruled in contract claims concerning a home sale because the judge showed disdain for plaintiff's claims not only for the damages being sought but due to her gender, and the judge indicated he would not provide relief even in the face of sufficient evidence. Reversed.
Court: Indiana Court Of Appeals, Judge: Pyle, Filed On: July 26, 2023, Case #: 22A-PL-1216, Categories: judiciary, Due Process, contract
J. Neeley finds the trial court improperly awarded the gas supplier damages against the railcar services company without awarding lost profits in this breach of contract suit brought by the railcar services company over agreements for the continued purchases of industrial gasses. The trial court did not award the supplier damages as a lost volume seller, which conflicted with its findings. When a court’s findings conflict with its judgment, the findings control. Reversed in part.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: July 21, 2023, Case #: 12-22-00103-CV, Categories: judiciary, Business Expectancy, contract