1,686 results for 'nos:"Other Contract - Contract"'.
J. Alsup dismisses all contract claims from X Corp. accusing Bright Data of breaking X's Terms of Service by scrapping and selling its data. X has not brought forward any evidence that supports a damage claim or how exactly Bright Data is using any X accounts that are bound to the Terms of Service. Attempts from X to circumvent those shortcomings by relying on arguments under the Copyright Act only "undermine the purpose and intended effects" of the Act, leaving all of their claims to fail.
Court: USDC Northern District of California, Judge: Alsup, Filed On: May 9, 2024, Case #: 3:23cv3698, NOS: Other Contract - Contract, Categories: Copyright, Contract
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J. Fitzwater finds that a medical center that terminated contracts with two billing agencies for discrepancies and non-performance can join one of the billing agencies as an additional defendant in a suit that the medical center filed after they were sued by the other billing agency for premature termination of the contract. The joiner of the second defendant will defeat diversity jurisdiction, but the medical center has shown that their request to join a defendant is not undertaken solely to defeat diversity. When the medical center filed the suit, they already had a separate claim against the second billing agency, so they did not add the second agency as a defendant at that point. The case is remanded to the state court.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: May 8, 2024, Case #: 3:23cv2523, NOS: Other Contract - Contract, Categories: Jurisdiction, Contract
J. Nachmanoff grants the power company's motion for summary judgment. Under a master agreement, a cybersecurity company agreed to provide certain equipment, software and services in connection with the power company's participation in a nationwide cybersecurity project for electric utilities known as IronDome. The cybersecurity company assigned the payment agreement to a finance company which eventually sold it to the relevant assignee. The assignee sought to recover unpaid funds from the power company pursuant to a hell-or-high-water clause in the payment agreement but the agreement allowed termination for cause and for convenience. Once the power company no longer needed the cybersecurity company it became inconvenient to still have an agreement with them.
Court: USDC Eastern District of Virginia, Judge: Nachmanoff, Filed On: May 8, 2024, Case #: 1:23cv643, NOS: Other Contract - Contract, Categories: Energy, Banking / Lending, Contract
J. Duffin denies the technology corporation's motion for summary judgment in a lawsuit from a pet distributor over a contract for the corporation to develop a new web portal for the distributor's services that the distributor says never functioned properly. Because it is supported by admissible lay testimony from the distributor's project team, most of the distributor's breach of contract claim does not necessarily require expert testimony and has enough substance to survive the corporation's motion.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: May 8, 2024, Case #: 2:22cv563, NOS: Other Contract - Contract, Categories: Experts, Contract
J. Tunheim denies the subcontractor's motion for a preliminary injunction in its action seeking relief from participating in arbitration in a dispute related to two purported contracts. The subcontractor's contention that its president's signature was forged on one of the contracts is "too flimsy" to establish a likelihood of success on the merits of its claims, and metadata suggesting that, as it claims, a document in the second contract was improperly backdated is better supported but still insufficient to establish a likelihood of success on the merits. The subcontractor has also failed to establish that it risks irreparable harm absent an injunction, and the balance-of-harms and public-interest factors are both neutral.
Court: USDC Minnesota, Judge: Tunheim, Filed On: May 8, 2024, Case #: 0:24cv585, NOS: Other Contract - Contract, Categories: Fraud, Contract, Injunction
J. Huntsman grants the car owners' motion for discovery sanctions based on the defendant car company's failure to appear at one deposition and failure to provide a prepared witness at another deposition in this lawsuit concerning a Hyundai vehicle and its alleged defects. The plaintiffs are entitled to expenses and attorney fees caused by the company's failure to appear, as well as the "constructive failure to adequately present a corporate representative."
Court: USDC Northern District of Oklahoma , Judge: Huntsman, Filed On: May 8, 2024, Case #: 4:23cv297, NOS: Other Contract - Contract, Categories: Sanctions, Product Liability, Discovery
J. Pitman denies an entrepreneur’s motion to vacate a temporary injunction after she was sued by her former business partner, who accused her of misappropriating company assets, including a professional Instagram account, to create a competing personal development company. The woman being sued argued she had not received proper service about the injunction, but this court “will not dissolve the [injunction] in this case based on the incorrect argument that service of process is a prerequisite.”
Court: USDC Western District of Texas , Judge: Pitman, Filed On: May 7, 2024, Case #: 1:24cv382, NOS: Other Contract - Contract, Categories: Contract, Injunction
J. Edwards denies remand to the Chapter 11 liquidating trustee for two bankrupt German-owned manufacturers of wood pellets. The trustee, a resident of Massachusetts, acted in “bad faith” to keep his suit against three financial advisors in a Louisiana state court. The sued financial advisors, who sold now-worthless bonds to build a wood pellet plant in Louisiana, met the high burden of demonstrating the trustee misused the federal removal statute by leaving a lone Louisiana resident – an accountant – to keep his suit in state court. The state court dismissed the trustee’s action against the Louisiana-based accountant because he had no evidence to support his allegations against her, nor did he depose her.
Court: USDC Western District of Louisiana , Judge: Alexandria, Filed On: May 7, 2024, Case #: 1:23cv505, NOS: Other Contract - Contract, Categories: Bankruptcy, Securities, Jurisdiction
J. Conley grants the food packager's motion for summary judgment in the kosher food company's breach of contract lawsuit, in which the company claims the packager refused to honor the parties' pricing and product agreement and the packager counterclaims $51,000 in outstanding invoices. The company's claims fail in part because of the clear language in a valid release clause in one of the parties' agreements relieving the packager of liability, which the company cannot prove it signed under duress. The packager prevails on its counterclaim for the unpaid invoices, and the company is ordered to pay the packager $56,421.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: May 7, 2024, Case #: 3:23cv115, NOS: Other Contract - Contract, Categories: Contract
J. Johnson denies, in part, a diagnostics company and its owner’s motion to dismiss or, alternatively, transfer venue in this contract dispute stemming from two unpaid loan agreements. The lender alleges breach of contract, breach of guaranty and unjust enrichment claims, he does state a plausible claim on the contract and guaranty. The unjust enrichment claim is dismissed because the parties have disputed the existence of an enforceable loan agreement. The lender may continue with all other claims with the court retaining jurisdiction over the proceedings.
Court: USDC Northern District of Alabama , Judge: Johnson, Filed On: May 7, 2024, Case #: 5:23cv1421, NOS: Other Contract - Contract, Categories: Banking / Lending, Contract
J. Davis grants the contracted hauling company's motion to dismiss. The logistics company hired the hauling company to deliver batteries overland from Virginia to a Canadian buyer. The hauling company then contracted a warehouse to store the batteries temporarily. The batteries suffered physical and wetness damage due to the collapse of the warehouse's outer wall and the water discharged from a burst pipe. The Interstate Commerce Commission Termination Act preempts the state negligent hiring claim because the state is barred from enacting or enforcing laws related to the price, route, or service of any motor carrier.
Court: USDC Eastern District of Virginia, Judge: Davis, Filed On: May 7, 2024, Case #: 4:23cv153, NOS: Other Contract - Contract, Categories: Transportation, Negligence, Contract
J. Peterson finds in favor of the farm equipment retailer in a lawsuit it filed asking for an injunction to block the tractor manufacturer from terminating the retailer's dealership agreement due to lagging sales in its Wisconsin market share. The retailer has shown a likelihood of success on the merits under Wisconsin's Fair Dealership Law and potential irreparable harm to its business if the dealership agreement is terminated while the lawsuit is pending, so it is entitled to a preliminary injunction. The manufacturer is enjoined from terminating the agreement, but the parties will be given until April 26, 2024, to submit briefs making arguments for the proper amount of bond the retailer should put up to secure the injunction, in part because the manufacturer's ask for a $2.4 million bond is based on projected losses that are not credible.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: May 7, 2024, Case #: 3:24cv23, NOS: Other Contract - Contract, Categories: Contract, Injunction
J. Rosenthal finds that a company that discontinued payment on a software product contract when the product failed to meet the company’s needs may proceed on a negligent misrepresentation counterclaim against the software firm. An integration clause, stating that the contract supersedes any prior agreements, does not release the software vendor from its responsibility to accurately represent the ability of the product to meet the needs of the company.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: May 6, 2024, Case #: 4:23cv108, NOS: Other Contract - Contract, Categories: False Claims, Contract
J. Hernandez grants the distillery's motion to enforce the court's Jan. 25, 2024, order for the shareholder's whistleblower and wrongful termination lawsuit. The order required the shareholder's counsel to return all contested documents to the distillery, and the counsel's failure to return the documents rather than offering to destroy them and to provide a sealed copy to the court does not comply with the order, so enforcement is appropriate.
Court: USDC Oregon, Judge: Hernandez, Filed On: May 4, 2024, Case #: 3:20cv2182, NOS: Other Contract - Contract, Categories: Discovery, Contract
J. Dorsey grants the emergency motion to stay the case. The investors paid $200,000 to the purchaser of IP addresses on his promise to flip and sell them for a profit. The loan was not repaid, and this claim and counterclaim ensued. An order was entered during discovery compelling an investor to produce medical records after he showed signs of mental incapacity at his deposition. The IP address purchaser now seeks a stay pending a determination as to whether the investor is incompetent to sue without proper representation. The district court is obligated to consider whether a potentially incapacitated litigant is adequately represented.
Court: USDC Nevada, Judge: Dorsey , Filed On: May 3, 2024, Case #: 2:22cv1809, NOS: Other Contract - Contract, Categories: Due Process, Banking / Lending, Technology
J. Ellison finds that an employee and stockholder who seeks recission of an inapplicable joinder agreement he mistakenly signed as part of a packet of documents for a required sale of his stock due to a merger shall honor portions of the merger agreement calling for disputes to be governed by the Delaware Court of Chancery or the United States District Court of Delaware. The employer’s motion to dismiss is granted.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: May 3, 2024, Case #: 4:23cv4290, NOS: Other Contract - Contract, Categories: Jurisdiction, Contract
J. King grants the gas company's motion to amend its complaint that the county denied the gas company's request for reconsideration even though the gas company expressed concerns about how the approved renewal permit would "have a material adverse impact on BEW, and, if implemented by the County, would effectively deprive BEW of the lawful use of its property.” The gas company may add its Section 1983 claim, which alleges that that the county violated due process by not giving the gas company notice of the application for a renewed industrial wastewater discharge permit, because the county does not show how the gas company's alleged failure to exhaust makes the claim futile.
Court: USDC Western District of Washington, Judge: King, Filed On: May 3, 2024, Case #: 2:23cv542, NOS: Other Contract - Contract, Categories: Energy, Contract
J. Hernandez grants the bank's motion for claim and delivery for its complaint that the transportation company owes the bank $277,000 on three defaulted loan agreements. The transportation company and its owner did not return the collateral to date and the transportation company continues to utilize the loans' collateral to carry goods throughout the United States, so the transportation company's conduct places the three units of uncovered collateral in danger of concealment or removal from Oregon.
Court: USDC Oregon, Judge: Hernandez, Filed On: May 2, 2024, Case #: 3:23cv1221, NOS: Other Contract - Contract, Categories: Contract
J. Grey grants Blue Cross' motion to compel production of Express Scripts' financial projections in claims contending Express Scripts failed to pay guaranteed pharmaceutical rebates for brand name drugs and medical equipment because these documents could reflect whether the company had accounted for contested rebates in bidding for the contract and if the company intended to provide those rebates.
Court: USDC Eastern District of Michigan, Judge: Grey, Filed On: May 2, 2024, Case #: 2:23cv11213, NOS: Other Contract - Contract, Categories: Discovery, Contract
J. Flanagan grants a generator production company’s partial dismissal in this product liability class action brought by an ice cream truck driver who was chemically burned when the truck’s gasoline tank malfunctioned. The driver argues the company knew the tanks were faulty, claiming fraud by omission. Because the driver fails to give sufficient information as to when the company supposedly began hiding this information, and because he does not point to any specific way that the company tried to hide information, this part of his claim fails.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: May 1, 2024, Case #: 7:23cv1329, NOS: Other Contract - Contract, Categories: Fraud, Product Liability, Contract