121 results for 'cat:"Business Practices" AND cat:"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
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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
J. Cox finds that the calculation of a defendant owner's share of funds related to the liquidation of the parties' company should be remanded. The plaintiff owner's petition claimed that the defendant owner was liable for any monetary damages due to his mismanagement of the company. However, under statute, the defendant owner can only be held liable for any improper distribution of funds for two years from the date of the filing of the suit, and the liquidator's report does not reflect this. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: February 28, 2024, Case #: 55,428-CA, Categories: business Practices, contract
J. Daniel grants a metal packaging company’s motion for judgment on its contract pleadings against a brewery. The court also partially grants the packaging company’s motion to dismiss the brewery’s counterclaims and fully grants its motion to strike the brewery’s affirmative defenses. This case stems from a contract between the parties wherein the brewery agreed to purchase beer cans from the packaging company, and the packaging company subsequently claimed the brewery did not meet its purchasing agreement under that contract. The brewery countersued, but the court found it hadn’t sufficiently alleged its breach of warranty or negligent misrepresentation counterclaims. The brewery’s counterclaims for breach of good faith dealing still stand.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: February 26, 2024, Case #: 122cv7367, NOS: Other Contract - Contract, Categories: business Practices, Warranty, contract
J. Coleman grants a pizzeria franchise licensing company’s motion to dismiss counterclaims brought by a former franchisee. The licensing company initially brought suit against the franchisee after it claimed that he violated several elements of the pizzeria franchise agreement, terminating the agreement over the same issues. In response, the franchisee counter-sued for fraud and breach of contract, but the court finds he has not sufficiently alleged these claims.
Court: USDC Northern District of Illinois, Judge: Coleman, Filed On: February 23, 2024, Case #: 1:22cv2396, NOS: Franchise - Contract, Categories: Fraud, business Practices, contract
J. Sánchez grants a father’s motion for summary judgment against his son in this shareholder action concerning the family business, an air fragrance supplier. The father is a minority shareholder and the son is a majority shareholder who acted fraudulently and oppressively toward his father as the minority shareholder, abused his authority, and mismanaged the operations of the company.
Court: USDC Eastern District of Pennsylvania, Judge: Sánchez, Filed On: February 14, 2024, Case #: 2:21cv3984, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Fraud, business Practices, contract