60 results for 'cat:"Settlements" AND cat:"Contract"'.
J. Aslan grants a motion to enforce the settlement agreement in this subrogation action between an insurer and a company stemming from damage to the insurer’s property allegedly caused by the company’s negligence. The parties agreed to the settlement amount of $240,000, but at the time of the transfer an imposter posing as the insurer’s counsel intercepted the funds. Therefore, the fraudulent actions happened after the contract was in force. The court orders the company to pay the insurer $240,000 and denies the insurer’s request for costs, attorney fees and interest.
Court: USDC Maryland, Judge: Aslan, Filed On: April 29, 2024, Case #: 1:23cv1783, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Insurance, settlements, contract
J. Chehardy finds that the trial court should not have enforced the husband's motion to enforce the settlement agreement related to the parties' partition of community property. In this case, there is no settlement document outlining the obligations of the parties or their acquiescence to its terms, and the exchange of text messages and emails between counsel did not create an enforceable settlement agreement between the parties. Further, the wife should not have been sanctioned for refusing to sign the settlement agreement. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: April 24, 2024, Case #: 23-CA-471, Categories: Property, settlements, contract
J. Kugler dismisses counterclaims seeking a temporary restraining order to force Shark Tank contestants to take down social media posts because the contestants did not violate any part of a 2019 settlement, and the court already held that the parties had not invoked their audit rights under the settlement.
Court: USDC New Jersey, Judge: Kugler , Filed On: April 23, 2024, Case #: 1:23cv2967, NOS: Other Contract - Contract, Categories: settlements, contract
J. Brownlee finds the trial court improperly granted a patient summary judgment on his claim under the Florida Consumer Collection Practice Act that a foot and ankle center put a lien on his workers’ compensation settlement. The center argues there was insufficient evidence when the contingency fee multiplier was imposed. The court finds the multiplier failed factorial analysis from the beginning, but the patient presented no evidence relevant to the first factor. Therefore, this case is remanded solely to enter judgement without the contingency fee multiplier. Affirmed, in part. Reversed, in part.
Court: Florida Courts Of Appeal, Judge: Brownlee, Filed On: April 19, 2024, Case #: 6D23-665, Categories: settlements, Attorney Fees, contract
J. Alley finds a probate court did not err in its division of a deceased man’s estate. Despite arguments to the contrary, the court did not change a settlement agreement reached by inheritors of that estate, as the term “estate property” has “a clear, unambiguous meaning in Texas law and does not include a surviving spouse’s half interest in community property.” Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: April 15, 2024, Case #: 08-23-00167-CV, Categories: settlements, Wills / Probate, contract
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J. Simon awards the litigation finance company an $84,400 judgment against the research company for the former's contract claim alleging that the research company did not pay the litigation finance company the promised payment for a previous settlement. The promissory note states that if the research company defaulted on the note, it would pay a principal sum of $84,400.
Court: USDC Oregon, Judge: Simon, Filed On: April 10, 2024, Case #: 3:23cv896, NOS: Negotiable Instrument - Contract, Categories: settlements, contract
J. Kobayashi partially dismisses the insurance company’s counterclaims in an underlying action involving a construction project at a correctional facility completed by the developer. The developer does not show with any specificity that it would not have entered into a settlement agreement in the underlying case, had it received final drawings of the project during discovery.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 1, 2024, Case #: 1:23cv117, NOS: Other Contract - Contract, Categories: settlements, Discovery, contract
J. Williams grants, in part, the insurers motion to dismiss this multiplan agreement under ERISA dispute brought by three insured employees regarding their health benefits. The employees seek to recover health benefits the insurers withheld, equitable relief under ERISA violations and negligent misrepresentation, tortious interference with the patient-physician contract or relationship, proscribe insurers’ conduct under a promissory estoppel theory and a violation of the Washington Consumer Protection Act. The employees are barred from equitable relief to recover health benefits at this stage, and fail to establish a standing for the multiplan agreement violations. The insurer Cigna is dismissed on all claims, and the others are dismissed from the negligent misrepresentation, tortious interference, promissory estoppel theory and Washington Consumer Protection Act claims. The court also grants the insurers motion to seal certain exhibits.
Court: USDC Connecticut, Judge: Williams, Filed On: March 30, 2024, Case #: 3:22cv769, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, settlements, Interference With contract
J. Cornelius enters a judgment in favor of a former employee in this employment contract dispute claiming conspiracy, spoliation and declaratory judgment. The former employee joined the brokerage firm as a producer generating a large amount of revenue and became a shareholder within the first 18 months before resigning to work at another firm. The employee and the brokerage’s holdings firm won a nominal $1.00 award each, and the court directs the parties to submit briefs regarding any and all questions raised for the breach of the promissory note and request for attorney fees.
Court: USDC Northern District of Alabama , Judge: Cornelius, Filed On: March 15, 2024, Case #: 2:22cv174, NOS: Other Contract - Contract, Categories: Employment, settlements, contract
[Consolidated] J. Fernandez finds the trial court partially erred in its final judgment and judgment awarding attorney fees in a dispute between an investment firm and holding company over a joint venture and subsequent settlement agreement for a business manufacturing organic juices. All portions of the firm's main appeal of the trial court's final judgment are affirmed, but the trial court is reversed in part as to the company's cross-appeal as it relates to the company's claim of breach of the settlement agreement and the count in the firm's third amended counterclaim seeking to set aside the settlement agreement and mutual release on grounds of duress and coercion. The award of attorney fees is affirmed without discussion. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: March 13, 2024, Case #: 22-1292, Categories: settlements, contract
J. Chhabria grants final approval of a $6 million settlement that will bring an end to a class action against Tesla from consumers who say they were forced to pay more to maintain their solar roof products after they were installed. The settlement is fair, as each class member's recovery will be determined pro rata in proportion to their individual losses at issue. Class counsel is entitled to $1.5 million in fees, equivalent to 24.7% of the settlement fund.
Court: USDC Northern District of California, Judge: Chhabria, Filed On: March 8, 2024, Case #: 3:21cv3577, NOS: Other Contract - Contract, Categories: settlements, Class Action, contract
J. Smith finds for the U.S. in this protest to voluntary corrective action that had been taken following a bid protest for a contract to provide vision care services because the company waived its right to bring suit upon entering the settlement agreement.
Court: Court of Federal Claims, Judge: Smith, Filed On: March 6, 2024, Case #: 23-1278, Categories: settlements, contract
J. Stiles finds that the trial court properly ruled in favor of the administratrix of the estate in determining that the attempted beneficiary change for the decedent's annuity contract was null and void due to her mental incapacity from when she sustained brain injuries in an auto accident. The decedent settled her personal injury claim and subsequently began a "pen pal relationship" with an inmate, married him and made him the beneficiary. The evidence supports the finding that the decedent lacked the mental capacity to manage her long-term financial affairs after the accident. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: March 6, 2024, Case #: CA-23-635, Categories: Insurance, settlements, contract
J. Berger finds the trial court erroneously granted the business partner's motion to pierce the corporate veil and hold the business entities liable for debts owed by the individual borrower. The piercing doctrine cannot be used to construe a disputed contractual term, such as the ambiguity found in the parties' settlement agreement. Meanwhile, the trial court properly granted the borrower's motion for summary judgment on the partner's civil theft claim because it was based on the same conduct as the contract claim. Affirmed in part.
Court: Colorado Court Of Appeals, Judge: Berger, Filed On: February 29, 2024, Case #: 2024COA22, Categories: settlements, contract
J. Harris holds that the trial court must reassess whether a commercial tenant's breach of a settlement agreement was a material breach and, if it was, whether the landlord is entitled to damages or to have the settlement agreement rescinded. In the process, the trial court must determine whether the parties can be restored to their pre-settlement status and whether equitable concerns merit rescission instead of enforcement of the agreement's terms. After those issues are resolved, the trial court can re-evaluate the parties' requests for attorney fees and assess which party prevailed in each phase of litigation. Vacated.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: January 25, 2024, Case #: 20220003-CA, Categories: settlements, Attorney Fees, contract
J. Cogburn grants an infrastructure contractor’s motion to dismiss for a lack of subject matter jurisdiction following allegations of state law violations and breach of contract brought by the founder of an energy consulting company that the contractor acquired. The contractor agreed to pay $360,000 cash to the founder and he kept 9% interest and his seat as company president in exchange for 90% of the company’s shares. Two years later, the contractor fired the founder and stopped paying on a promissory note, prompting the current suit. After a settlement, only the breach of contract claim still stood, but because the founder has not shown that the amount in controversy is not more than $75,000, the suit is dismissed. However, it may proceed in a state court.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: January 18, 2024, Case #: 1:21cv245, NOS: Negotiable Instrument - Contract, Categories: settlements, Jurisdiction, contract
J. Moore finds that the lower court properly entered a judgment enforcing a settlement agreement between the parties. The lower court determined that the appellant must pay the proceeds, even though an impostor had allegedly caused it "to wire the settlement proceeds to the impostor's bank account." There was no error in the ruling, as the appellant "was in the better position to have prevented the fraud." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: January 5, 2024, Case #: CL-2023-0260, Categories: Fraud, settlements, contract
J. Chasanow grants, in part, a group of corporations operating three elder living services and a buyer’s counterclaims for motion of summary judgment after the the buyer entered a sales agreement for the purchase of the group’s skilled nursing facility on the property. The group failed to show a breach dispute, warranting summary judgment in favor of the buyer. An entry of judgment is ordered in the amount of $400,000 with interest of $197.26 per day until the group returns the amount to the escrow.
Court: USDC Maryland, Judge: Chasanow, Filed On: December 18, 2023, Case #: 8:23cv574, NOS: Other Contract - Contract, Categories: Property, settlements, contract
Per curiam, the circuit finds the district court properly found for an insurer. Two insurance companies contributed to a settlement in a negligence suit against a construction company that was insured by both companies consecutively under commercial general liability policies. One company then sued the other for reimbursement, saying the other's policies covered the damages. The plain language of the defendant company's policies, as well as binding case law from Texas and this circuit, indicate it is liable for only a portion of the damages at issue. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: December 18, 2023, Case #: 22-51114, Categories: Insurance, settlements, contract
J. Immergut grants the finance company's motion to enforce the settlement agreement arising from the apartment building seeking declaratory judgment that it is not in default under the loan documents after it submitted a request for loan forbearance related to the Covid-19 pandemic and then gave the apartment building a reinstatement offer with more fees attached. The eight essential terms of the settlement are enforceable as of Aug. 18, 2023, because the contingent language makes the parties' original intent to be bound to the agreement clear, and the apartment building does not present any applicable cases that would support its argument that it is not bound to the agreement.
Court: USDC Oregon, Judge: Immergut, Filed On: December 11, 2023, Case #: 3:21cv569, NOS: Other Contract - Contract, Categories: settlements, Covid-19, contract
J. Theofanis finds that the district court improperly ruled against the heir in his lawsuit seeking to force the county to abide by a decades-old agreement to name a library after his uncle. A fact issue concerning when the heir’s claims accrued exists, so the district court should not have dismissed the case as being time-barred. Reversed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: December 8, 2023, Case #: 03-22-00405-CV, Categories: Government, settlements, contract
J. Staton partially grants the consumers' motion for attorney fees for their complaint asserting that Mercedes-Benz USA sold them a vehicle with serious defects, including “powertrain system defects, engine defects and other serious nonconformities.” The consumers' counsel submits reasonably detailed billing records for 30.7 attorney hours for three attorneys, but their claim that their possibly delayed time spent on a $59,000 settlement offer does not justify the costs incurred after Jul. 10, 2023, when MBUSA removed this case to federal court.
Court: USDC Central District of California, Judge: Staton, Filed On: November 28, 2023, Case #: 2:23cv5532, NOS: Other Contract - Contract, Categories: settlements, Attorney Fees, contract