17 results for 'cat:"Enforcement Of Judgments" AND cat:"Contract"'.
J. Cogburn partially grants a group of resigned golf club members’ motion for summary judgment in full after it had already previously been granted partial summary judgment when it sued the club for violating policy. The group claimed the club breached its contract for an amount of damages to be determined at trial. Then, it filed the current motion eight months after deadline, and regardless of the merits, the motion will not be considered for good cause. However, the group is granted leave to file a second summary judgment motion.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: April 17, 2024, Case #: 1:21cv333, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: enforcement Of Judgments, contract
J. Mizelle overrules and denies the judgment holder's objections to several orders by a magistrate judge in his action alleging efforts to evade enforcements of his judgment, and adopts the magistrate judge's report and recommendation resolving the parties' cross-motions for summary judgment. The judgment holder has not shown that a denial of a discovery request substantially harmed his case, nor that his proposed discovery was relevant and proportional. As to a second discovery request, the judgment holder has not shown that he had any right to more documents than the defendants produced, and his objections to a protective order were mooted along with the order itself. His objections to an order granting the defendants' motion to compel are also moot, and the magistrate judge correctly found that the defendants did not breach a confidentiality provision in the parties' agreement.
Court: USDC Middle District of Florida, Judge: Mizelle, Filed On: March 25, 2024, Case #: 8:20cv936, NOS: Fair Labor Standards Act - Labor, Categories: enforcement Of Judgments, Discovery, contract
J. Huffman holds that the trial court abused its discretion by granting a judgment debtor's motion to tax costs after finding that a judgment creditor had not yet prevailed on its fraudulent transfer claim. Statute does not have a prevailing party requirement where a judgment creditor incurs reasonable and necessary interim costs to enforce a judgment. Reversed.
Court: California Courts Of Appeal, Judge: Huffman, Filed On: March 8, 2024, Case #: D081492, Categories: enforcement Of Judgments, Attorney Fees, contract
Per curiam, the circuit finds the district court improperly ruled in favor of the realty investment entities. The individual investor prevailed in a breach of contract suit filed by the entities and was awarded more than $50 million in damages. He filed this suit alleging the entities transferred assets to avoid paying the judgment and the court ruled in favor of the entities. The entities' counsel used nearly every category of improper closing argument, including personal attacks and insults, as well as evoking local bias. The improper and prejudicial statements demonstrate the need for a new trial. Reversed.
Court: 5th Circuit, Judge: Per curiam, Filed On: March 8, 2024, Case #: 21-10805, Categories: enforcement Of Judgments, contract, Attorney Discipline
J. Cogburn grants partial summary judgment to a group of former members of a golf club as far as liability of the club to reimburse resigned members their invested equity shares after confirming new members to replace them. The group discovered that the club was not repaying resigned members’ investments when new members joined. The club argues that when partial members became full members, this did not constitute admission of a new member. But, as the only members required to invest equity are full members, the club’s reading of the policy is unreasonable.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: January 17, 2024, Case #: 1:21cv333, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: enforcement Of Judgments, Business Practices, contract
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J. Hendon finds the business owner's motion for a petition of certiorari in her dispute with the former vice president and general counsel of one of her businesses including fraud, misrepresentation and breach of contract claims must be granted. The portion of the trial court's partial final judgment calling for the immediate execution of an order demanding a $126,808 payment from the business owner is quashed, in part because "intertwined factual matters" in the case still need to be resolved.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: January 10, 2024, Case #: 22-1941, Categories: Fraud, Interference With contract, enforcement Of Judgments
J. Lobree finds the trial court improperly denied the college's motion to offset a larger judgment in its favor against a smaller judgment in another lawsuit in favor of a firm disputing with the college over the denial of its proposal for a public-private partnership the college solicited for the development of publicly owned property in Miami. The trial court's order was incorrect in part because it created an absurd result in which the college cannot collect on its judgment due to the firm's insolvency but the firm can collect on its judgment and "receive a windfall," so its order is overturned and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Lobree, Filed On: October 18, 2023, Case #: 20-1014, Categories: enforcement Of Judgments, contract
J. Conrad adopts the magistrate judge’s memorandum and recommendation because neither party in this breach of contract suit has challenged it. One party, a pharmaceutical supplies distribution firm, moves to dismiss allegations brought by the other, a medical supplies manufacturer, regarding an agreement they made to capitalize on supplies during the early days of the Covid-19 pandemic. The manufacturer claims the firm expressly went against the contract by seeking out one of its clients to do business directly and sell billions of dollars’ worth of tests, but the firm argues that the manufacturer directed it to do so. While the manufacturer did put the two in touch, the firm fails to evidence that the manufacturer directed it to contract with its client. Thus, the manufacturer’s claim survives the motion to dismiss.
Court: USDC Western District of North Carolina, Judge: Conrad, Filed On: October 2, 2023, Case #: 3:21cv501, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: enforcement Of Judgments, contract
J. Schiltz denies the insurer's motion for summary judgment and grants the judgment holders' motion for partial summary judgment in the judgment holders' two actions seeking to compel the insurer to pay the judgments they hold against the insured following settlements. The settlements constitute a "loss" under the insured's policy, and have not been rendered uninsurable by a "final adjudication." Arguments that the parties in this case are covered by various exclusions in the policy also fail, and the insurer's argument that the settlements are unreasonable or collusive is better left for trial.
Court: USDC Minnesota, Judge: Schiltz, Filed On: September 13, 2023, Case #: 0:21cv2264, NOS: Insurance - Contract, Categories: Insurance, enforcement Of Judgments, contract
J. Coulson grants a technology services provider its motions for discovery sanctions and partial summary judgment in its breach of contract suit against a similar firm. When the provider acquired the firm's contract with two IT communications companies, the firm did not follow up with the provider after the purchase. Presently, the firm has failed to respond to the motions, and therefore, they are granted as they are unopposed.
Court: USDC Maryland, Judge: Coulson, Filed On: September 1, 2023, Case #: 1:21cv673, NOS: Other Contract - Contract, Categories: enforcement Of Judgments, Discovery, contract
J. Russell denies in part an office equipment supplier's cross motion for summary judgment after an office products sales company sued it for breach of contract, seeking over $700,000 in damages. The supplier failed to keep up with regular commission payments, arguing that the sales company hadn't reached a quota of $800,000 in equipment sales to maintain the current commission rates. There is a dispute of material fact as to whether the parties' agreement applies to their sole customer and whether the breach of contract claim is valid based on the fact that the supplier acknowledged the debt, which reset the statute of limitations.
Court: USDC Maryland, Judge: Russell, Filed On: August 31, 2023, Case #: 1:20cv1264, NOS: Other Contract - Contract, Categories: enforcement Of Judgments, contract
J. Rodriguez denies two NASCAR shareholders’ counterclaim for summary judgment after they did not comply with an indemnity agreement with a stock car racing team that purchased a charter. When the team discovered a security interest in the charter, it refused to pay the second half of $2 million but eventually did pay after two shareholders signed an indemnity agreement. But a third shareholder did not sign, which the other two argue means that the agreement is unenforceable. But, in North Carolina, the shareholders’ subjective belief about this and their lack of action based on that belief is not sufficient to warrant summary judgement.
Court: USDC Western District of North Carolina, Judge: Rodriguez, Filed On: August 30, 2023, Case #: 3:22cv138, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Commerce, enforcement Of Judgments, contract
J. Green affirms a jury’s decision to require a lawyer, who terminated a contract with a law firm that wished to purchase his firm, to pay the would-be purchasing firm $350,316. The jury had jurisdiction despite their being a contract between the two parties because the contract failed to stipulate a judgment amount for the termination that occurred.
Court: Massachusetts Court Of Appeals, Judge: Green, Filed On: July 7, 2023, Case #: 22-P-850, Categories: enforcement Of Judgments, Jurisdiction, contract