42 results for 'nos:"Negotiable Instrument - Contract"'.
J. Schoeder denies a CBD company’s renewed motion for judgment as a matter of law in a loan agreement and guarantee dispute between it and a former business partner. The company and its partner signed a promissory note where the company lent the partner $500,000 to upgrade its equipment at the company’s request in exchange for ordering the partner’s product, CBD oil. However, the parties never made it to creating a contract beyond the note and had a falling out due to a mutual mistake as determined by a jury, which was settled previously. The jury’s determination stands.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: May 24, 2024, Case #: 1:22cv555, NOS: Negotiable Instrument - Contract, Categories: Business Practices, Contract
J. Milazzo grants a request by a New Orleans businessman, disqualifying on legal ethical grounds, his business partner’s lawyer, a retired civil court judge who twice ran for mayor. Contrary to the sued businessman’s arguments, neither a formal engagement letter nor payment of fees are required to form an attorney-client relationship. All that is required is a client’s subjective, objectively reasonable belief the attorney represents him or her. Because the retired judge currently represents the litigant in a matter before the Civil District Court for the Parish of Orleans, and his representation of the sued businessman in this case would be directly adverse to the litigant, the former judge is disqualified as counsel.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: May 23, 2024, Case #: 2:24cv238, NOS: Negotiable Instrument - Contract, Categories: Civil Procedure, Judiciary
J. Tydingco-Gatewood finds, in a dispute between two brothers over an inheritance, that the pair did not enter into a valid contract that specifies the defendant brother must pay the plaintiff brother either a portion of the inheritance or portion of the funds used to dispute the probate against their sister. The plaintiff brother had begun pursuing the probate issue before ever even contacting the defendant brother for help with funds and proposing the contract, and did not give proper consideration. However, the plaintiff brother is entitled, under “the equitable remedy of quasi-contract,” to recovery of some funds expended in the probate matter.
Court: USDC Guam, Judge: Tydingco-Gatewood, Filed On: May 20, 2024, Case #: 1:22cv2, NOS: Negotiable Instrument - Contract, Categories: 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. Garaufis finds two individuals liable on breach of contract claims for their failure to pay the principal or interest on a $2 million loan and awards the litigants the same amount in damages. The defendants fail to present any material evidence that would suggest they were fraudulently induced into signing the loan notes. The court directs the parties to recalculate how much the litigants are entitled to in unpaid and pre-judgment interest.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: March 18, 2024, Case #: 1:18cv7303, NOS: Negotiable Instrument - Contract, Categories: Fraud, Damages, Contract
J. Pallmeyer grants a real estate services company’s motion for judgment on the amount of money its former real estate broker owes it. The broker took a job with the company in 2018; his compensation agreement included a $1,375,000 loan that he wouldn’t have to repay so long as he didn’t quit before the end of 2024 without “good reason.” He quit anyway in 2020 after the company restructured how it awards commissions to its brokers. The company won summary judgment in the resulting lawsuit it brought against him, and now the court finds the broker owes the company over $1,894,000, which includes the loan, interest and taxes.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: January 26, 2024, Case #: 1:20cv3540, NOS: Negotiable Instrument - Contract, Categories: Employment, Damages, 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. Young denies the borrower's motion to dismiss for improper venue. The borrower, accused of failing to make timely loan payments, waived her right to object to the venue when agreeing to the loan. The potential contract breach happened in Virginia despite the borrower living in Maryland, making Virginia the appropriate venue.
Court: USDC Eastern District of Virginia, Judge: Young, Filed On: December 19, 2023, Case #: 3:22cv295, NOS: Negotiable Instrument - Contract, Categories: Fraud, Venue, Contract
J. Richardson grants the defendant magazine publisher's dismissal motion in this breach of contract lawsuit alleging that he breached a distributorship agreement by publishing a "direct competitor" of the plaintiff company. The plaintiff company's complaint fails to adequately state a claim on which relief could be granted, as the agreement's non-competition provision is unenforceable. Also, the complaint fails to establish a claim for alleged "infringement."
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: December 8, 2023, Case #: 3:23cv395, NOS: Negotiable Instrument - Contract, Categories: Civil Procedure, Contract
J. Hurd preserves a homeowner’s single claim for conversion against JPMorgan Chase, which alleges it accepted a joint homeowner’s insurance check for $81,353, issued to cover losses to their home stemming from a frozen pipe that burst, without the homeowner’s endorsement. He provides enough evidence to allege that he had constructive possession of the check, and that the endorsee of the check, who later absconded with the funds, was acting as the co-payee’s agent.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: December 7, 2023, Case #: 5:23cv223, NOS: Negotiable Instrument - Contract, Categories: Insurance, Conversion
J. Wright denies an individual's motion to dismiss a breach of contract claim brought against him by a cryptocurrency owner who alleges the individual did not make repayment agreement payments following the alleged theft of his cryptocurrency from a digital wallet. The individual who was holding the cryptocurrency agreed to pay in installments following the theft, but only made the first payment to the cryptocurrency owner. The cryptocurrency owner has sufficiently pleaded the existence of a valid contract.
Court: USDC Central District of California, Judge: Wright, Filed On: December 5, 2023, Case #: 2:23cv5607, NOS: Negotiable Instrument - Contract, Categories: Contract
J. Cogburn partially grants summary judgment to a sustainable infrastructure firm following allegations of trade law violations, fraud and breach of contract brought by a shareholder. The firm acquired the shareholder’s Hazmat company and bought 90% of his stock in said company. The company fired the shareholder, then he and the company filed competing suits. This resulted in a settlement agreement in which the shareholder released the firm from any future claims regarding agreements except for continuing violations of two promissory notes the firm made for an as-yet unpaid portion of the stocks purchase. The shareholder fails to show evidence of violations of trade law and fraud, but his claim of breach of contract as related to the promissory notes survives.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: November 21, 2023, Case #: 1:21cv245, NOS: Negotiable Instrument - Contract, Categories: Fraud, Trade, Contract
J. Grimberg grants the guarantors' motion to dismiss a breach of contract action brought by the bank arising from the guarantors' alleged default on financing agreements. The bank failed to establish personal jurisdiction over the guarantor. The bank failed to show that the guarantor's purported execution of the guaranties for the debt of companies in Georgia constitutes the transaction of business by him in Georgia. Transferring the claims to the U.S. District Court for the Western District of Oklahoma is not appropriate or in the interest of justice.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: September 18, 2023, Case #: 1:22cv4009, NOS: Negotiable Instrument - Contract, Categories: Venue, Banking / Lending, Contract
J. Gottschall denies a banking services company’s motion to dismiss a construction company’s breach of contract claims against it, but grants its motion to transfer the case to the District of Southern Texas. The court finds that is a more appropriate venue for this contract dispute, as that is where the construction company’s Chapter 11 bankruptcy case is pending.
Court: USDC Northern District of Illinois, Judge: Gottschall, Filed On: August 18, 2023, Case #: 1:22cv1449, NOS: Negotiable Instrument - Contract, Categories: Bankruptcy, Construction, Contract