15 results for 'cat:"Agriculture" AND cat:"Contract"'.
J. Schroeder grants an agricultural insurance company’s motion to dismiss allegations of breach of contract, deceptive trade practices and bad faith brought by a policy holder. Specifically, the policy holder claims the company wrongfully refused to pay under its crop insurance policy. However, because the policy holder did not respond to the company’s motion, and the time to do so has passed, the motion is granted and the case dismissed.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: April 12, 2024, Case #: 1:24cv116, NOS: Insurance - Contract, Categories: agriculture, Insurance, contract
J. Frimpong grants a company that ships and sells perishable agricultural commodities' application for a temporary restraining order in a contract dispute with a wholesale commission merchant that allegedly has not paid for shipments. The company has provided evidence that the merchant has had its Perishable Agricultural Commodities Act (PACA) license suspended for non-payment and that their PACA trust assets are depleting. The commission merchant is enjoined from transferring proceeds from sales of any or all existing or future inventories of food pending the hearing on the company's motion for preliminary injunction.
Court: USDC Central District of California, Judge: Frimpong, Filed On: March 28, 2024, Case #: 2:24cv2307, NOS: Agricultural Acts - Other Suits, Categories: agriculture, contract, Injunction
J. Wright grants an individual's motion to set aside default and grants in part a perishable agricultural commodities company's motion for default judgment. The company alleges that the buyer has not paid invoices. The individual alleges that he was not properly served and the company has not shown that the individual acted in bad faith. The company's motion for default judgment against the individual is denied as moot. The company alleges that it sold and shipped perishable agricultural commodities to the buyer, and its motion for default judgment is granted on the claims that have been adequately alleged.
Court: USDC Central District of California, Judge: Wright, Filed On: February 20, 2024, Case #: 8:23cv410, NOS: Agricultural Acts - Other Suits, Categories: agriculture, contract
J. Carlyle finds that the lower court improperly awarded damages to the plaintiff food company on its negligence claims against two poultry suppliers. The award is precluded by the economic loss rule. Also, the chicken tender manufacturer's cross-claims for breach of contract against the poultry suppliers were not supported by sufficient evidence. Reversed in part.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: February 2, 2024, Case #: 05-22-01231-CV, Categories: agriculture, Negligence, contract
J. Hoyle finds the trial court improperly denied the farm equipment owner's request for a new trial. The business partner alleged the owner breached the contract for co-ownership of the equipment and was granted default judgment due to the owner's failure to file an answer. The owner's motion for a new trial was denied, in part, due to his providing no new evidence. However, the owner's excuse for not filing an answer reasonably explains his mistaken belief he was not required to file because the case would be on hold while settlement negotiations were pending. Reversed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: January 31, 2024, Case #: 12-23-00069-CV, Categories: agriculture, Business Expectancy, contract
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J. Arterburn finds the district court improperly found for a contractor on a food producer's negligence claim against a contractor for the mishandling of manure that allegedly led to an outbreak of disease among the producer's hogs. Contrary to the district court's finding, the contractor owed the producer a general duty of care. Reversed in part.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: December 19, 2023, Case #: A-23-116, Categories: agriculture, Negligence, contract
J. Moore finds the district court properly found the livestock caretaker breached his contract with the livestock owner. The caretaker failed to brand the cattle or report and prove death loss. He provided no evidence storms caused massive death loss or that he communicated those losses to the owners. The caretaker was also not entitled to file a Uniform Commercial Code financing statement to claim a lien because he had agreed to compensation by shares of calf crops. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: December 5, 2023, Case #: A-22-957, Categories: agriculture, Evidence, contract
J. Stegner finds that the trial court properly held that a property owner cannot argue his tenants breached property leases because he failed to present any issues of fact that show that the parties did not act in accordance with oral modifications to property leases. Text messages and emails detailed the modifications and the parties' annual reconciliations of debits and credits supported the conclusion that the parties had a meeting of minds to modify the leases. Affirmed.
Court: Idaho Supreme Court, Judge: Stegner, Filed On: September 15, 2023, Case #: 49354, Categories: agriculture, Property, contract
J. Lazar finds the circuit court improperly granted summary judgment to the insurance company in the dairy farm's lawsuit over magnesium deficiencies injuring its cattle due to issues with feed it was provided by the cattle feed supplier. The circuit court incorrectly determined that the farm had failed to show the injuries to its herd were an "occurrence" causing "property damage" which triggers coverage under the feed supplier's insurance policies, and liability could be plausibly established if it is proven the substitution of an ingredient in the feed caused the injuries. The circuit court's order is overturned, and the case is remanded for further proceedings. Reversed.
Court: Wisconsin Court of Appeals, Judge: Lazar, Filed On: July 26, 2023, Case #: 2021AP000670, Categories: agriculture, Insurance, contract
J. Miller finds the trial court erroneously granted the livestock farm buyers' motion for summary judgment on contract claims because language in the agreement, along with testimony from the seller, indicates there was not a universal release clause that would preclude liability on any future claims from the sellers. Therefore, there was an issue of fact as to whether the seller fully released all claims or only those related to property involved in the sale. Reversed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: June 20, 2023, Case #: 2023-Ohio-2019, Categories: agriculture, Fiduciary Duty, contract
J. Cassel finds the district court improperly found in favor of the hybrid popcorn seed grower in this dispute over rent to be paid on its leased property. The lease is susceptible of at least two reasonable interpretations and is ambiguous regarding minimum rent. The district court erred in entering partial summary judgment because the court should not have settled the meaning of the contract. Issues at trial were then based on a flawed premise. Reversed and remanded.
Court: Nebraska Supreme Court, Judge: Cassel, Filed On: June 16, 2023, Case #: S-22-488, Categories: agriculture, Landlord Tenant, contract