15 results for 'cat:"Damages" AND cat:"Business Practices"'.
J. Cain grants summary judgment to a salvage business on its breach of contract claim against a maritime company that refused to pay its $207,000 bill for the successful recovery of its sunken river barge. The company unsuccessfully argued the fee was excessive, adding it expected its insurer to pay for the barge recovery and would not have allowed the salvage to proceed if it had known its insurer would deny the claim. The failure of the barge owner to pay any portion of the undisputed amount is a breach of the marine contract. A factual dispute remains as to whether the salvage business performed all of the services listed in its invoices and whether the barge owner was overcharged for divers, materials or transport days.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: April 17, 2024, Case #: 2:23cv626, NOS: Other Contract - Contract, Categories: damages, business Practices, Business Expectancy
J. Guzman finds that a company guilty of misappropriation of trade secrets committed misappropriation willfully and maliciously, but does not award exemplary damages even though they would be warranted. Punitive damages have already been awarded, so exemplary damages run the risk of being unfairly duplicative.
Court: USDC Massachusetts, Judge: Guzman, Filed On: April 10, 2024, Case #: 4:21cv10572, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, damages, business Practices
Per curiam, the appellate division finds that the lower court improperly ordered the staffing agency to post an undertaking of $1 million, a sum far exceeding the amount requested by the minority shareholder, who claims the majority shareholder fraudulently set him up to incur significant tax penalties. The order is modified to set the amount of the undertaking at $210,000. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 14, 2024, Case #: 01343, Categories: damages, business Practices
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. DeGravelles denies requests by the suburban Louisiana city of Baker and its mayor to dismiss certain civil rights claims submitted by a food truck operator who alleges the city denied her the ability to operate a legal business by refusing to issue her a business permit. The city and the mayor have not offered any argument opposing the business owner’s claim for punitive damages against the mayor in his individual capacity. However, she concedes that the mayor cannot be sued for damages in his official capacity. She is given time to amend deficiencies in her suit.
Court: USDC Middle District of Louisiana, Judge: DeGravalles, Filed On: November 6, 2023, Case #: 3:23cv193, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, damages, business Practices
J. Rodriguez finds a lower court ruled correctly in granting a directed verdict to a businessman after he was sued by a former business partner seeking equitable contribution following a lawsuit with a subcontractor. The former business partner cannot bring an equitable contribution case because she offered “no evidence” that she made “a compulsory payment of more than her fair share of the parties’ common obligation.” Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: October 19, 2023, Case #: 08-23-00031-CV, Categories: damages, business Practices, Contract
J. Jackson grants a family’s request for default judgment in a wrongful death suit, awarding in excess of $4.8 million in damages against a business that rents floatation tubes for customers on the Amite River. The father and husband of the survivors, who could not swim, drowned when he fell out of the inner tube. The company did not respond to family allegations that if falsely assured its customers who could not swim that the river was safe and that life jackets were not necessary or required because of the alleged shallow river depth. The award included bystander damages. The drowning of the father on Father’s Day can be reasonably expected to cause severe mental anguish to his wife and children, their eyewitness testimony conveys the seriousness of their emotional distress. The decedent’s widow subsequently experienced suicide ideation and was diagnosed with severe PTSD, anxiety and insomnia. His three children have daily dreams about their dad and the events of that day.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: September 8, 2023, Case #: 3:22cv310, NOS: Marine - Contract, Categories: damages, Wrongful Death, business Practices
J. Boardman grants a construction worker his claim that his employer violated the FLSA when it did not pay him for overtime. The worker’s claims are true, so the firm and its owner owe him over $8,000 in unpaid wages. However, the owner’s wife does not own any part of the firm and so cannot be sued.
Court: USDC Maryland, Judge: Boardman, Filed On: June 5, 2023, Case #: 1:19cv2317, NOS: Fair Labor Standards Act - Labor, Categories: Employment, damages, business Practices