16 results for 'cat:"Administrative Law" AND cat:"Contract"'.
J. Horton finds the county court improperly denied the earth mover's attorney's motion to reinstate/for new trial. The earth mover's case was dismissed, and the client/property owner received $19,891 on its contract breach counterclaim after the earth mover's attorney failed to appear. The attorney, who was involved in another proceeding due to a scheduling conflict, requested that his clerk go to the other courtroom to let them know that he would be there. The clerk instead checked the court’s webpage “for an update,” which resulted in the attorney’s unintentional failure to appear. This reasonably explains that the attorney's absence was not due to conscious indifference. Reversed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: May 16, 2024, Case #: 09-22-00323-CV, Categories: administrative Law, Due Process, contract
Per curiam, the appellate division finds that the lower court improperly awarded the contractor $458,000 in damages against the building owner for repair work performed following Superstorm Sandy. Evidence shows that the contractor did not have a valid license to perform electrical work in the city, so it may not recover against the building owner. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 10, 2024, Case #: 01907, Categories: administrative Law, contract
J. Kacsmaryk finds that a case in which a mortgage association secured a loan from a bank with Home Equity Conversion Mortgage collateral and then declared that collateral agreement unenforceable, survives the mortgage association’s motion to dismiss. The bank’s claims in this case cannot be eliminated by statutory, regulatory or contractual elements and there is no legal barrier preventing claims of “interference with property rights” under Texas law.
Court: USDC Northern District of Texas , Judge: Kacsmaryk, Filed On: April 3, 2024, Case #: 2:23cv156, NOS: Other Statutory Actions - Other Suits, Categories: administrative Law, Interference With contract, Banking / Lending
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J. Mitchell finds that the lower court properly rejected a company's challenge to the state's award of a contract for non-essential medical transportation services to another bidder. There was no evidence that the state's evaluators abused their discretion when applying adjectival ratings to the bids submitted by bidders. The record supported the evaluators' decision to give the company a "Superior" rating rather than "Distinctive." Affirmed.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: January 16, 2024, Case #: WD86090, Categories: administrative Law, contract
J. Mitchell finds the trial court properly granted the trust's motion for summary judgment. The court quieted title to the land in favor the trust in this suit involving conflicting claims of ownership. Though the party in possession of the land had resided at and improved the property, the owner later executed a warranty deed in favor of the trust, which then recorded this in the land records. Applicable law clearly states that possession does not confer title. Title belongs to the first to file of record. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Mitchell , Filed On: January 4, 2024, Case #: 121212, Categories: administrative Law, Property, contract
Per curiam, the appellate division finds that the lower court properly awarded the contractor $16.4 million against New York State. The contractor completed all steps of the dispute resolution process before filing suit, and reasonably detailed its claim for additional compensation due to multiple delays on reconstruction work on the Staten Island Expressway. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 13, 2023, Case #: 06359, Categories: administrative Law, Damages, contract
J. Griffin finds that the court of appeal should not have determined defrayment of operational and equipment expenses to be part of the city’s obligation to fund the Shreveport City Marshal’s operation and maintenance expenses. Statute only requires that the city fund the operation and maintenance expenses of the physical offices of the Marshal. Reversed.
Court: Louisiana Supreme Court, Judge: Griffin, Filed On: November 17, 2023, Case #: 2023-C-00182, Categories: administrative Law, Municipal Law, contract
J. Kafker finds unenforceable a disputed agreement between a minority owner of a real estate company, which was purchasing a parcel of land to be used for a casino with a resort, and a representative of the resort. The agreement said the minority owner would be paid his percentage of the price reduction of said parcel of land, but the agreement was hidden from the commission empowered to review and approve casino licenses.
Court: Massachusetts Supreme Court, Judge: Kafker, Filed On: November 3, 2023, Case #: SJC-13416, Categories: administrative Law, Real Estate, contract
J. Foster finds a lower court properly dismissed a geological engineer's claims that the Arizona State Land Department wrongfully denied his request for a mineral exploration permit. The geological engineer argued that the land department failed to timely send written notice of its denial of applications. However, the land department provided sufficient evidence in court that the denial was based on the surface owner's exercise of first right of refusal. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Foster, Filed On: August 31, 2023, Case #: 1 CA-CV 22-555, Categories: administrative Law, Patent, contract
J. Prost finds that the board of contract appeals improperly dismissed this contract dispute over government delays in connection with construction of a military compound in Afghanistan. Because the "sum-certain requirement is nonjurisdictional" for claims submitted under the Contract Disputes Act, the case is remanded to determine if the government has forfeited its right to challenge the satisfaction of the requirement. Reversed.
Court: Federal Circuit, Judge: Prost, Filed On: August 22, 2023, Case #: 21-2323, Categories: administrative Law, Government, contract
J. Windhorst finds that the trial court properly granted a driver's motion to reinstate his license after being arrested for drunk driving. The driver requested an administrative hearing to contest the Office of Motor Vehicle's decision to disqualify him from operating a commercial motor vehicle for one year. In this case, the Office did not show that the police officer had reasonable grounds to believe that the driver had been driving under the influence of alcohol at the time of the traffic stop. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: July 26, 2023, Case #: 22-CA-374, Categories: administrative Law, Licensing, contract
J. Gravois finds that the trial court should not have granted the Board of Examiner's exception of no cause of action on a river boat pilot's claim that he was improperly forced into retirement. While Act 902 of 2004 may have established a mandatory retirement age for river pilots, the statute neither confers nor denies a right of action to a commissioned river pilot aggrieved by the alleged actions of the Board. Reversed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: May 24, 2023, Case #: 22-CA-519, Categories: administrative Law, Employment, contract