66 results for 'cat:"Tort" AND cat:"Contract"'.
J. Wright finds the trial court properly entered summary judgment in favor of the wind turbine manufacturer. The dock worker fell from a man basket while unloading turbine blades from a ship and claims the manufacturer's negligent right of control over the details of the work led to his injury. The contract established that the worker's employer was an independent contractor on the jobsite. The worker failed to meet his burden to establish that the manufacturer controlled or had the right to control the work he was performing. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: May 2, 2024, Case #: 09-21-00177-CV, Categories: tort, Negligence, contract
J. Baker finds that the county court properly ruled against a homeowner in a debt case filed by a repairman who was not paid after working on the homeowner's septic system. The homeowner refused to pay for the services, alleging that the repairman did not complete the work and caused more damage to her septic system. The repairman's testimony that he completed the repairs is more credible than the homeowner's counter assertions. Affirmed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: April 24, 2024, Case #: 03-22-00492-CV, Categories: tort, contract
J. Landau finds the lower court properly issued a take-nothing judgment in this matter of alleged tortious interference. Evidence is sufficient to support the jury’s finding that a third-party factoring company did not engage in business disparagement or tortious interference with existing contracts when it contacted a freight brokerage company’s primary client seeking assistance in collecting payment from the freight brokerage. Affirmed
Court: Texas Courts of Appeals, Judge: Landau, Filed On: April 9, 2024, Case #: 01-22-00623-CV, Categories: Debt Collection, tort, Interference With contract
J. Alvarez upholds the trial court's refusal to compel arbitration on parents' claims arising from injuries their child allegedly suffered while at a trampoline park. Although the park argues the father's friend signed the contract that contained the arbitration agreement on behalf of the father before entering the park, it is in dispute whether the streak mark on the agreement is his signature. Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: April 3, 2024, Case #: 04-23-00146-CV , Categories: Arbitration, tort, contract
J. Blakey grants an asset management firm and its executives’ motions to dismiss counterclaims brought against them by one of the firm’s former managers. The asset management firm sued the former manager for breach of contract, fraud and trade secret misappropriation over his alleged lies to clients and intentional sabotage of business relationships. The former manager shot back with counterclaims of defamation, tortious interference and breach of fiduciary duty, but the court finds he has not sufficiently alleged any of these claims.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: March 28, 2024, Case #: 1:22cv4269, NOS: Other Fraud - Torts - Personal Property, Categories: tort, Defamation, Interference With contract
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J. Jennings grants Allstate's motion to dismiss most claims in this contract and conversion suit. The purchaser of an Allstate-owned, California salvage title vehicle discovered the vehicle was stolen when he was arrested in Kentucky for receiving stolen property. Though the insurance company is now in possession of the vehicle, the purchaser has not been refunded his purchase price. Allstate's causation argument on a factual dispute regarding the arrest and vehicle seizure, as affecting the purchaser's conversion claim, is not dismissed, being better suited to a motion for summary judgment. The purchaser has failed to allege Allstate's behavior was extreme or outrageous, and the tort claim is dismissed. Punitive damages are also not assertable as independent counts.
Court: USDC Western District of Kentucky, Judge: Jennings, Filed On: March 20, 2024, Case #: 3:23cv108, NOS: Other Contract - Contract, Categories: tort, Conversion, contract
J. Leinenweber denies the originally sued insurance firm’s motion to transfer this case to Utah, and partially grants the originally suing insurance and capital firms’ motion to dismiss their opponents’ fraud, conspiracy, wage law violation and tort claims. This is a convoluted contract dispute arising from a number of businesspeople who passed their insurance and capital firms between each other and spent time working for each other. Now, in claims and counter-claims, they accuse each other of business malfeasance of various stripes, which the court attempts to simplify in this ruling eliminating all but three claims several of the parties on both sides face.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: March 5, 2024, Case #: 1:23cv1109, NOS: Other Contract - Contract, Categories: Fraud, tort, Interference With contract
J. Johnston denies the roofing contractor's motion to dismiss the property management company's beach of contract suit claiming the negligence of the contractor's employees caused a new roof they were installing on the building leased by U-Haul to catch fire, eventually destroying the entire building. The contractor's argument using the West Virginia's "gist of the action doctrine" is unpersuasive, as the West Virginia Supreme Court has long recognized "an independent duty - sounding in tort - to prevent and mitigate accidental fires...[that] exists entirely independent of the parties’ contractual relationship."
Court: USDC Southern District of West Virginia, Judge: Johnston, Filed On: February 29, 2024, Case #: 5:23cv339, NOS: Other Contract - Contract, Categories: tort, Negligence, contract
Per curiam, the appellate division finds that the lower court properly found for the insurer, ruling that it is not obligated to provide supplementary uninsured/underinsured motorists coverage under an insurance policy. The insurer is not obligated to provide supplementary uninsured/underinsured motorists because the injured bus driver failed to obtain its prior consent to a settlement with the driver responsible for the accident. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 28, 2024, Case #: 00998, Categories: Insurance, tort, contract
Per curiam, the appellate division finds that the lower court improperly denied Bloomberg's motion to dismiss tortious interference claims along with breach of contract claims brought by a construction company. Bloomberg submitted evidence conclusively establishing that the 2005 agreement was in effect at the time of its notice of termination, not a 2010 agreement, which entitled Bloomberg to terminate the agreement upon written notice. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 21, 2024, Case #: 00892, Categories: tort, contract
J. Jackson transfers a Louisiana lawyer’s claims she was severely “eaten by bed bugs” during her rehabilitation stay at a Virginia-based drug and alcohol facility. The attorney fails to show her multiple payments to the rehab center confers jurisdiction of her payment dispute and bed-bug claims. Significantly, neither litigant requested the transfer. “Transfer, not dismissal, best serves to promote judicial efficiency, conserve the [litigants’] resources and avoid duplication of efforts.”
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: February 16, 2024, Case #: 3:22cv114, NOS: Insurance - Contract, Categories: tort, Jurisdiction, contract
J. Jones finds that the trial court properly and improperly ruled in a contract case arising out of a payment dispute involving a medical billing services firm and a healthcare diagnostic firm. The diagnostic firm argues that the billing firm was obligated to present a statement of work, proving what it actually owed for using its services. However, it was the diagnostic firm that failed to make payments, resulting in the violation of the agreement. Therefore, the trial court properly ruled in favor of the billing firm. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Jones, Filed On: February 13, 2024, Case #: 03-22-00176-CV, Categories: Corporations, tort, contract
J. Kelly finds the trial court properly dismissed the previous owner's breach of contract claims against the current owner, alleging that his decision to sell the property to a developer violated the purchase agreement transferring the property. On appeal, the previous owner argues that his oral agreement with the current owner made clear that the property could not be sold before the balance of a 10-year loan was paid off. Contrary to the alleged oral agreement, a promissory note unambiguously reflects a possibility of the sale of the property before the loan is paid off and any penalties that may be incurred were the current owner to decide to sell the property. The existence of such an agreement negates the previous owner's claims of fraud, thus justifying the trial court's dismissal of his claims. Affirmed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: February 7, 2024, Case #: 03-22-00399-CV, Categories: Property, tort, contract
[Consolidated] J. Cadish reinstates briefing on certain of the eight consolidated appeals from various judgments in this contract and tort action. Once briefed, the remaining appeals shall be clustered based on related subject matter. Certain appeals are dismissed, as they concern interlocutory orders in the receivership proceeding.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: December 29, 2023, Case #: 85915, Categories: tort, contract
J. Urbanski denies the competitor's motion to dismiss a defamation suit. The company provides electronic pull tabs for regulated charitable gaming market and demonstrated that the competitor's comment to a potential client accusing the company of being involved in a severe state investigation could be perceived as making a statement of fact.
Court: USDC Eastern District of Virginia, Judge: Urbanski , Filed On: December 28, 2023, Case #: 7:23cv321, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: tort, Defamation, Interference With contract
J. Mize finds that the trial court properly ruled in favor of the sales coordinator by denying motions for directed verdict and to set aside the verdict in this tortious interference complaint. The impact rule does not apply to intentional torts. However, there is confusion in jurisprudence concerning the applicability of whether the impact rule applies to the tort of intentional interference with an advantageous business relationship. The court certifies two questions to the First District Court related to Florida's impact rule and how it applies to tort of tortious interference with an advantageous business relationship. Affirmed.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: December 21, 2023, Case #: 6D23-1379, Categories: tort, Interference With contract
J. Conley finds partially in favor of Hyundai and Genesis in a lawsuit from a car dealer claiming they breached the parties' contract by essentially forcing the dealer to close its Genesis dealership on the eve of a sale its Genesis and Hyundai dealerships to a third party, ultimately costing the dealer $2 million in the sale. Summary judgment is granted to Genesis on all the claims against it because the dealer has failed to allege that it is liable for Hyundai's conduct, denied to Hyundai on all claims against it except a state-law claim regarding the timing of the notice given to the dealer regarding changes to their agreement and another state-law claim for intentional interference with contract, and denied to the dealer entirely. Genesis is dismissed as a defendant, and the remaining claims and parties will proceed to trial on January 22, 2024.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: December 8, 2023, Case #: 3:22cv322, NOS: Other Contract - Contract, Categories: tort, contract
J. Seeley finds the lower court properly found for an insurer and denied the policyholders' request for coverage under their home and umbrella policies in a car collision case. The injuries sustained by the passenger in the vehicle driven by the policyholders' son while intoxicated could not have occurred without the son's operation of a motor vehicle, and the policies at issue contain exclusions for non-covered vehicles. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: December 1, 2023, Case #: AC45933, Categories: Insurance, tort, contract
J. Rodriguez grants two home renovation companies’ motions to dismiss deceptive trade practices allegations brought by a custom cabinetry firm, claiming a former business development manager stole information to directly compete with the firm. The firm was unable to provide sufficient evidence that the manager absconded with specific information that would compromise the firm's business and give an advantage to the one company which hired her after she left the firm. Deception cannot be established because general information such as what the manager remembered about working at the firm, and customers' observation of how cabinets are installed in their homes for example, are not enough to support a claim of misappropriation of trade secrets under state or federal law.
Court: USDC Western District of North Carolina, Judge: Rodriguez, Filed On: November 21, 2023, Case #: 3:23cv186, NOS: Trademark - Property Rights, Categories: Trade Secrets, tort, contract
J. Ledet finds that the trial court should not have found for contractors on a worker's tort claims against the contractors regarding injuries sustained as a result of touching an exposed electrical wire protruding from a junction box while performing renovation work. There are genuine issues of material fact as to whether the contractors performed work in the area of the junction box with the protruding wire. The property owner testified that the remodeling work on the property included running electrical power to the new pool house. Further, the contractors testified that although the junction box in question was already on the property, the subcontractor was responsible for the electrical work to the new pool. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: November 15, 2023, Case #: 2023-CA-0357, Categories: tort, contract
J. Smith finds that the lower court properly dismissed the appellant's negligence, negligence per se, trespass and nuisance claims, but improperly dismissed its contract claim, involving a lease for office and warehouse space. The tort claims at issue "belonged to the trusts" that owned the premises. The appellant's breach of contract claim, however, "is not without a basis in fact or law." Affirmed in part.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: November 9, 2023, Case #: 05-22-00820-CV, Categories: Landlord Tenant, tort, contract
J. Pellegrini finds that the lower court properly entered judgment against Domino’s after a jury found it vicariously liable for the negligence of a pizza delivery driver for one of its franchises, who collided with a motorcyclist while completing deliveries. The franchise agreement did not give Domino’s day-to-day control over the franchisee, so it is not liable under vicarious liability. Reversed.
Court: Pennsylvania Superior Court, Judge: Pellegrini, Filed On: November 8, 2023, Case #: J-A26040-22, Categories: tort, Premises Liability, contract