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Prolite Building Supply bought Ply Gem windows, which it resold to Wisconsin builders. Some homeowners were not satisfied with the windows, which admitted air even when closed. Contractors stopped buying from Prolite, which stopped paying Ply Gem. Prolite and homeowners sued. Ply Gem removed the action to federal court and counter-claimed against Prolite for unpaid bills. Additional parties intervened. The Seventh Circuit affirmed summary judgment in favor of Prolite. The court vacated the judgment on the homeowners’ claims for remand to state court. The service agreement between Prolite and Ply Gem requires Prolite to repair the Ply Gem windows in exchange for a discount and needed parts. There was no breach of that agreement. The homeowners’ claims can be resolved under supplemental jurisdiction only if they “are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy,” 28 U.S.C. 1367(a). The language of the window warranties received by the homeowners and the service agreement did not overlap. Prolite complained that Ply Gem did not do enough to ensure that its customers (the builders) remained willing to purchase Ply Gem windows. The homeowners just wanted to stop drafts and moisture. The nature of the work done differed. View "ProLite Building Supply, LLC v. Ply Gem Windows" on Justia Law

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In this declaratory judgment action brought against Judge Russell E. Steele and Judge Kristie Swaim challenging two amendments to a consolidation agreement the parties entered into in 2008, the Supreme Court reversed the circuit court’s judgment that these two amendments were invalid and entered judgment for Judge Steele. The consolidation agreement designated Decker as the sole appointing authority for all deputy circuit clerks and division clerks. In 2013, Judge Steele signed an administrative order amending the consolidation agreement and designating the presiding judge of the Second Judicial Circuit as the appointing authority for all deputy and division clerks. In 2014, the Second Judicial Circuit approved an administrative order amending the consolidation agreement to designate Judge Swaim as the sole appointing authority. Plaintiffs filed this declaratory judgment action challenging the validity of the amendments. The circuit court entered judgment for Plaintiffs. The Supreme Court reversed, holding (1) the 2013 and 2014 amendments were made in compliance with the procedures to which Decker consented in voluntarily joining the consolidation agreement; and (2) therefore, Judge Steele held appointing authority over deputy and division clerks from the date of the order adopting the 2013 amendment until the date of the order adopting the 2014 amendment and transferring that authority to Judge Swaim. View "Gall v. Steele" on Justia Law

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The Supreme Court affirmed in part and vacated in part the judgment of the superior court granting summary judgment for Defendant, Price Rite, on count one of Plaintiff’s complaint and also granting Defendant’s motion to dismiss the remaining four counts. Plaintiff slipped and fell on liquid in an aisle of a store owned by Defendant. Plaintiff’s amended complaint alleged negligence, breach of contract, mode of operation, failure to warn, and breach of the implied warranties of merchantability, fitness for use, and fitness for a particular purpose. The court granted summary judgment on the negligence count and dismissed the remaining counts. The Supreme Court vacated the judgment of the superior court granting summary judgment on Plaintiff’s negligence claim and affirmed the dismissal of the remaining counts, holding (1) Plaintiff satisfied her burden of producing competent evidence that proved the existence of a disputed issue of material fact with respect to Defendant’s safety procedures or lack thereof, (2) the trial judge impermissibly weighed the evidence in his decision granting summary judgment, and (3) there is no requirement at the summary judgment stage for a plaintiff to produce direct evidence of how long a spill has existed on a floor. View "Dent v. PRRC, Inc." on Justia Law

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The clear-and-convincing standard applies when determining the existence of an oral contract for the conveyance of farmland when only money damages are sought for the claimed breach of that contract. Plaintiff argued that the Estates of his parents were obligated under an oral contract for the sale of land to convey farm property to him. After a second trial, the jury found by a preponderance of the evidence that an oral contract existed between Plaintiff and his parents and awarded Plaintiff damages for the breach of that contract. The Estates moved for judgment as a matter of law and a new trial, arguing that the district court instructed the jury on the incorrect standard of proof. The district court denied the motion. The court of appeals affirmed. The Supreme Court reversed and remanded the matter to the district court for a new trial, holding (1) the clear and convincing evidence is required to prove that an oral contract for the sale of land existed, regardless of whether the party seeks damages or specific performance; and (2) therefore, the district abused its discretion in denying Plaintiff’s motion for a new trial. View "Christie v. Estate of Dilman Christie" on Justia Law

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Sports Medicine performed shoulder surgery on “Joshua,” who was covered by a health insurance plan, and charged Joshua for the procedure. Because it did not participate in the insurers’ network, Sports Medicine was not limited to the insurer’s fee schedule and charged Joshua $58,400, submitting a claim in that amount to the insurers on Joshua’s behalf. The claim form indicated that Joshua had “authorize[d] payment of medical benefits.” The insurer processed Joshua’s claim according to its out-of-network cap of $2,633, applying his deductible of $2,000 and his 50% coinsurance of $316, issuing him a reimbursement check for the remaining $316, and informing him that he would still owe Sports Medicine the remaining $58,083. Sports Medicine appealed through the insurers’ internal administrative process and had Joshua sign an “Assignment of Benefits & Ltd. Power of Attorney.” Sports Medicine later sued for violations of the Employee Retirement Income Security Act (ERISA), and breach of contract, citing public policy. The district court dismissed for lack of standing because Joshua’s insurance plan included an anti-assignment clause. The Third Circuit affirmed, holding that the anti-assignment clause is not inconsistent with ERISA and is enforceable. View "American Orthopedic & Sports Medicine v. Independence Blue Cross Blue Shield" on Justia Law

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This case centered on a dispute between Green Meadow Realty Co. (Realtor) and Roger and Mary Gillock (Owners) over Realtor's right to a commission. Realtor sued to recover a commission on a sale to certain buyers that Owners believed were excluded from the listing agreement. Realtor relied on an addendum to the listing agreement that limited the period of time in which an excluded sale could occur as well as the fact that the sale closed outside the time period. Owners claimed they insisted on a complete exclusion and did not knowingly agree to a time limit for the excluded sale, despite having signed the addendum. Owners asserted that they signed the addendum without reading it based on Realtor's representation that it set forth "your exclusion." The trial court concluded Owners were bound by the addendum, having had the opportunity to read it and not doing so. The trial court granted summary judgment to Realtor. The Court of Civil Appeals affirmed the summary judgment awarding Realtor the commission, but reversed for further proceedings on a counter claim by Owners. Owners sought certiorari review. Realtor did not. The trial court and Court of Civil Appeals regarded Owners' failure to read the addendum when presented with it to be dispositive. The Oklahoma Supreme Court found while this was certainly important, ultimately, the communications and conduct of the parties with respect to the addendum "must be judged in the totality of the circumstances surrounding its creation. The conflicting positions and evidentiary materials of the parties in the case at hand pose a comparable controversy that would preclude summary judgment on Realtor's claim for a commission." View "Green Meadow Realty Co. v. Gillock" on Justia Law

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The Fifth Circuit affirmed the district court's judgment in an action arising from a property insurance policy that Lexington issued to LWL to insure construction equipment that LWL leased from Sierra. The court held that the equitable lien doctrine did not apply to Sierra, who was not a party to the insurance policy, and Sierra did not have standing to sue Lexington. In this case, the agreement between Sierra and LWL did not require that LWL obtain insurance with a loss payable clause to Sierra, and the Lexington policy did not contain such a clause. View "Sierra Equipment, Inc. v. Lexington Insurance Co." on Justia Law

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This case centered on an agreement between the City of Rawlins, Wyoming, and Dirty Boyz Sanitation Services (Dirty Boyz) for local garbage collection and disposal. About two years after the parties executed the agreement, the State of Wyoming required Rawlins to close its landfill. Soon after, Rawlins opened a transfer station to process garbage for transport to a landfill elsewhere. Later, Rawlins adopted a flow-control ordinance requiring that all locally licensed garbage haulers take collected garbage to Rawlins’ transfer station. Dirty Boyz argued the ordinance violated the Contract Clause of the United States Constitution, and was preempted by the Federal Aviation Administration and Authorization Act (FAAAA). The district court granted summary judgment in favor of Rawlins. Finding no reversible error, the Tenth Circuit affirmed the grant of summary judgment in Rawlins' favor. View "Dirty Boyz Sanitation Service v. City of Rawlins" on Justia Law

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The Supreme Court affirmed the decision of the trial court rendering judgment in favor of Plaintiff on its claim of unjust enrichment. On appeal, Defendant argued that Plaintiff’s unjust enrichment claim was barred by collateral estoppel, that Plaintiff’s recovery was precluded by law and the terms of an agreement between the parties, the trial court’s jury instructions were improper, and the trial court erred in excluding certain evidence. In affirming, the Court held that many of Defendant’s arguments were unpreserved, inadequately briefed, or both, and that Defendant was not entitled to relief on any of his assignments of error. View "MacDermid, Inc. v. Leonetti" on Justia Law

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The Supreme Court reversed the judgment of the Appellate Court affirming the judgment of the trial court in favor of Plaintiff against Defendants, Joan Frank and George Frank, holding that there was no final judgment as to George, and therefore, the Appellate Court lacked jurisdiction over Defendants’ joint appeal. Plaintiff filed this action alleging common-law enforcement of a foreign default judgment and seeking recovery under theories of breach of contract and quantum meruit. The trial court found in favor of Plaintiff on count one against George and on count two against Joan. The Appellate Court affirmed the trial court’s judgment, rejecting Defendants’ claims on appeal on the merits. The Supreme Court reversed, holding that the trial court’s failure to dispose of either the contract count or the quantum meruit count as to George resulted in the lack of a final judgment, and therefore, the Appellate Court should have dismissed Defendants’ joint appeal. View "Meribear Productions, Inc. v. Frank" on Justia Law