17 results for 'cat:"Licensing" AND cat:"Contract"'.
J. Wozniak finds the trial court properly granted summary judgment in favor of a salesman in this breach of contract claim for unpaid sales commissions against a construction company. The company agreed to pay sales commission to the salesman while he was employed, but when he left his position they argued he was an unlicensed contractor and said the contract was unenforceable. The salesman sold the roofing services under the licensed company. Therefore, he did not engage in any unlawful activity and neither a “contractor” nor engaged in “contracting.” Affirmed.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: April 3, 2024, Case #: 6D23-810, Categories: Construction, licensing, contract
J. Jordan grants summary judgment to the defendant business entities in a telematics systems developer's suit alleging breach of contract and patent infringement claims over the alleged misuse of its intellectual property. The court lacks personal jurisdiction over the German-based entity, and the claims against the other entity are barred by a settlement and patent license agreement between the developer and the entities' parent company.
Court: USDC Eastern District of Texas , Judge: Jordan, Filed On: March 28, 2024, Case #: 4:22cv808, NOS: Other Contract - Contract, Categories: licensing, Patent, contract
J. McElroy enters judgment in favor of the jewelry manufacturer on a competitor's allegations the prevailing manufacturer breached a contract by not transferring an exclusive license to make a certain type of jewelry to the companies' joint venture. A document granting the prevailing party to transfer this license was never produced. The prevailing party's 60-days’ notice was consistent with the contract and did not constitute an exit from the joint venture.
Court: USDC Rhode Island, Judge: McElroy , Filed On: March 22, 2024, Case #: 1:18cv551, NOS: Other Contract - Contract, Categories: licensing, contract
J. Haikala denies a subdivision developer’s motion for summary judgment in this construction dispute against a home builder for construction defects, being unlicensed and not paying subcontractors. The parties entered into a contract for the construction company to take over the project in a new subdivision. The subdivision developer failed to show that the builder’s non-licensure at the time the agreement was finalized keeps it from winning its counterclaims.
Court: USDC Northern District of Alabama , Judge: Haikala, Filed On: March 13, 2024, Case #: 5:22cv779, NOS: Other Contract - Contract, Categories: licensing, contract
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J. Dennis finds the district court properly granted the hardware company's motion to dismiss the breach of contract claim. The furniture designer licensed designs to the company, then discovered it was using artisan resources she had divulged after the company orally promised to not use them for anything other than the licensed designs. The oral agreement was an unenforceable agreement to agree, conditioned on the company's manufacture of unlicensed products with the artisans and both parties reaching a mutual agreement on compensation. The only detriment suffered by the designer was an opportunity to negotiate for future compensation. Affirmed.
Court: 5th Circuit, Judge: Dennis , Filed On: February 15, 2024, Case #: 22-30277, Categories: licensing, contract
J. Bumb finds for a fight promoter in claims contending a cigar lounge broadcast pay-per-view fights without permission because the promoter had exclusive right to the events, and the promoter's investigator personally observed the lounge broadcast one event without a sublicense. Meanwhile, the lounge has not responded to the complaint.
Court: USDC New Jersey, Judge: Bumb , Filed On: December 15, 2023, Case #: 1:22cv4988, NOS: Cable/Sat TV - Other Suits, Categories: Civil Procedure, licensing, contract
J. Elgo finds the trial court properly granted the clients' motion for summary judgment on a special defense related to licensing on a contractor's claims. The contractor's failure to respond to the clients' request for documents within the required 30-day time frame to prove it was a licensed contractor allowed the trial court to infer it lacked the proper licenses. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: November 3, 2023, Case #: AC45606, Categories: licensing, contract
[Consolidated.] J. Mawla finds that the trial court improperly held that property damage adjusters violated state licensing law on grounds that contracts failed to include proper language about customer rights and costs to the insured. The state banking commissioner misinterpreted state law to allow cancellation of contracts with public adjusters at any time, while the law requires all adjuster contracts to contain lists of services to be rendered. Reversed in part.
Court: New Jersey Appellate Division, Judge: Mawla, Filed On: October 6, 2023, Case #: A-3422-21, Categories: licensing, Banking / Lending, contract
J. Schofield finds a licensor of tech products failed to pay fashion brand Kate Spade required fees for fiscal year 2023, resulting in Kate Spade terminating the license agreement. While the licensor argues that it invoked the force majeure clause of the licensing agreement due to Covid-19 related supply chain delays, Kate Spade successfully showed the licensor could have made some payment toward what it owed after the force majeure had abated, and in doing so breached the licensing agreement. The instant court grants Kate Spade’s motion for a preliminary injunction, finds the licensing agreement terminated, and orders the licensor to cease the manufacture and sale of Kate Spade branded products.
Court: USDC Southern District of New York, Judge: Schofield, Filed On: September 13, 2023, Case #: 1:23cv5409, NOS: Trademark - Property Rights, Categories: licensing, Trademark, contract
[Consolidated] J. Bell finds the district court improperly granted summary judgment and attorney fees to the buyer in this breach of contract suit arising from the seller's closing the hotel and casino for which the buyer had an ordinary course covenant in the asset purchase agreement. The seller did not breach the agreement, as the closure was in response to the governor's emergency Covid-19 directive. The seller was merely following the law to maintain its gaming licenses, and the buyer's applications for gaming licenses were delayed, not refused. Reversed.
Court: Nevada Supreme Court, Judge: Bell , Filed On: August 24, 2023, Case #: 84257, Categories: licensing, Covid-19, contract
J. Cooper denies, in part, a real estate investment firm's motion to dismiss a real estate database operator's claims related to the parties' licensing agreement. The operator has sufficiently alleged the firm is a competitor to support its breach claim, and it has shown possible irreparable harm from the firm's continued use of the database to support its claim for injunctive relief.
Court: USDC District of Columbia, Judge: Cooper, Filed On: August 10, 2023, Case #: 1:21cv2227, NOS: Other Statutory Actions - Other Suits, Categories: licensing, contract, Injunction
J. Windhorst finds that the trial court properly granted a driver's motion to reinstate his license after being arrested for drunk driving. The driver requested an administrative hearing to contest the Office of Motor Vehicle's decision to disqualify him from operating a commercial motor vehicle for one year. In this case, the Office did not show that the police officer had reasonable grounds to believe that the driver had been driving under the influence of alcohol at the time of the traffic stop. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: July 26, 2023, Case #: 22-CA-374, Categories: Administrative Law, licensing, contract
J. Zipps grants Dairy Queen's cross motion for summary judgment concerning contract claims against a sub-franchisee. Dairy Queen sufficiently showed that a franchisee breached the parties' agreement by refusing to direct sub-franchisees to install a new integrated technology platform into a point-of-sale cash register system.
Court: USDC Arizona, Judge: Zipps, Filed On: July 6, 2023, Case #: 4:22cv335, NOS: Other Statutory Actions - Other Suits, Categories: licensing, contract