106 results for 'cat:"Enforcement Of Judgments"'.
J. Bland finds that the court of appeals improperly dismissed the property manager’s appeal of the trial court’s decision ordering it to convey its property to the maritime refueling services facility according to a purchase option in the parties’ contract. The trial court’s order amounted to a temporary injunction, which the manager had the right to appeal.
Court: Texas Supreme Court, Judge: Bland, Filed On: May 10, 2024, Case #: 23-0078, Categories: Civil Procedure, Property, enforcement Of Judgments
Per curiam, a panel of the 11th Circuit finds that the district court properly ruled in favor of the store and held the shareholder personally liable for unpaid judgments entered in the store's favor and against the corporation on the store's underlying breach of contract claims. The district court did not commit any error in piercing the corporate veil at the summary judgment stage. The shareholder was an alter ego of the corporation. He used the corporation to evade Florida's statutory rule of priorities by moving money from a shared personal and corporate account instead of paying the store. Affirmed.
Court: 11th Circuit, Judge: Per curiam, Filed On: May 6, 2024, Case #: 23-10922, Categories: enforcement Of Judgments
J. Millett upholds the district court's order quashing seven victims' writs of execution pertaining to their efforts to attach assets held by the World Bank to satisfy multi-million-dollar default judgments they received on their claims arising from terrorist attacks. The World Bank has statutory immunity under the International Organizations Immunities Act and Foreign Sovereign Immunities Act. Affirmed.
Court: DC Circuit, Judge: Millett, Filed On: April 26, 2024, Case #: 22-7134 , Categories: Terrorism, Immunity, enforcement Of Judgments
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J. Walker reverses in part the lower court's order granting injunctive relief to the city for enforcement of a combined $198,150 fine against the construction company and its owner for building and fire code violations issued by the city's municipal court the previous August, and appointment of a special commissioner to oversee sale of the building the construction company used as a rental unit. While the judge did not abuse her discretion by granting the city's request for injunction for enforcement of the judgments, she erred by appointing the special commissioner to move forward with sale of the building without the issuance and return of a writ of fieri facias. Reversed in part.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker , Filed On: April 25, 2024, Case #: 22-0503, Categories: Municipal Law, Property, enforcement Of Judgments
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. Bock finds the trial court properly denied a doctor and his employer’s request for judgment and motion for credit in this medical malpractice lawsuit. The doctor and his employers argue that the trial court erred in awarding the family prejudgment interest, but did not object to the holding of a prejudgment interest hearing, nor did they respond. The assignments of error are overruled. Affirmed.
Court: Ohio Court Of Appeals, Judge: Bock, Filed On: April 3, 2024, Case #: 2024-Ohio-1258, Categories: enforcement Of Judgments, Medical Malpractice
J. Mortensen finds that the lower court improperly dismissed a complaint filed by a daughter against her father after she allegedly discovered they had taken $133,000 of her settlement money from a medical malpractice suit from when she was a minor and used it to purchase a home for themselves. The lower court suspended the hearing and ordered a supplemental briefing with the understanding that there would be a hearing in the future, but it never happened, resulting in an effective dismissal. The daughter correctly argues her right to due process was violated. The matter is remanded for further consideration. Reversed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: March 28, 2024, Case #: 20220756-CA, Categories: Due Process, enforcement Of Judgments
J. Lasnik finds that the Kona coffee farmers and sellers proved that Kroger's Kivu Kona blend coffee products did not comply with a settlement agreement at certain stores, so they are entitled to the gross profits received from the bulk sales of those products.
Because Kroger cured the other alleged breaches within 90 days of the notices, no claims can be brought or damages awarded regarding those alleged breaches.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: March 25, 2024, Case #: 2:19cv290, NOS: Trademark - Property Rights, Categories: Trademark, enforcement Of Judgments, Class Action
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. Ramos grants the Chinese garment manufacturer's motion to exclude experts in a suit to hold defendants liable for an unsatisfied judgment against an American clothing seller. The defense expert did not review relevant parts of the record, so his report is inadequate to support the conclusions reached. Further, there is sufficient support for the manufacturer to proceed on its alter ego claims arguing that defendants are liable for the money judgment.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: March 25, 2024, Case #: 1:21cv7326, NOS: Other Contract - Contract, Categories: Corporations, enforcement Of Judgments, Experts
J. Rodriguez finds that the consulting company is liable for the judgments entered against the individual in an underlying contract suit. the defendant company was liable to pay after a contract judgment. The company was used to defeat the judgment. The company and individual have not identified any innocent stakeholders or creditors of the company that would be harmed by piercing the veil of the company.
Court: USDC Colorado, Judge: Rodriguez, Filed On: March 15, 2024, Case #: 1:20cv2722, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, enforcement Of Judgments
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. Pearce finds that the trial court properly applied Utah's postjudgment interest rate to a Hawaii court's award once the judgment was domesticated in Utah. Also, the parties' underlying contract did not call for the application of Hawaii's postjudgment interest rate and principles of comity do not overried the requirements of the Foreign Judgment Act. Affirmed.
Court: Utah Supreme Court, Judge: Pearce, Filed On: March 7, 2024, Case #: 20230285, Categories: Damages, enforcement Of Judgments
J. Dick grants remand on jurisdictional grounds to a construction company seeking to recover an arbitration award total of $711,000 from a bankrupt church. The church unsuccessfully argued the contractor’s attempt to garnish FEMA funds allotted to the church presents federal questions requiring federal jurisdiction. Simply because the contractor’s claim involves a federal grant, as the church alleges, does not in and of itself raise a federal question. In addition, there is no federal question raised in the contractor’s state court suit.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: March 1, 2024, Case #: 3:23cv332, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, enforcement Of Judgments, Jurisdiction
J. Lin grants, in part, default judgment in this fraud and negligent misrepresentation claims brought by the SEC against promoters of a cryptocurrency, finding one of the promoters violated the Securities Exchange Act. Therefore, he is permanently restrained and enjoined from any further violations, and he is liable for disgorgement. The SEC’s request for prejudgment interest is denied, but it may enforce the judgement for disgorgement and civil penalties.
Court: USDC Western District of Washington, Judge: Lin, Filed On: March 1, 2024, Case #: 2:22cv1009, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, enforcement Of Judgments
J. Milazzo grants a request for default judgment by a seller of construction material against a contractor for unpaid invoices amounting to $399,000. The contractor has failed to appear in court, respond to the suit or otherwise defend itself. However, the prevailing construction business’s request for attorney fees in the amount of $4,700 does not detail the lawyers hourly billing rate nor the hours spent on the litigation; therefore, the litigant must submit attorney fees and costs according to Louisiana law.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: February 8, 2024, Case #: 2:23cv511, NOS: Other Contract - Contract, Categories: Construction, enforcement Of Judgments, Attorney Fees