Justia Contracts Opinion Summaries
Articles Posted in Contracts
Weeks Marine, Inc. v. Standard Concrete Products, Inc.
John Johnson Jr. filed suit in state court against defendants, including Weeks Marine and Standard Concrete, for injuries he sustained when he fell from his crane while working on a project. This case concerned the terms of an indemnity agreement between Weeks Marine and Standard Concrete. Weeks Marine, the general contractor on the project, sought a declaration that Standard Concrete, Johnson's employer, was contractually obligated to defend and indemnify it in the underlying state court action. The court concluded that the indemnity agreement did not cover the underlying state court action and Weeks Marine pointed to no facts on appeal that lead the court to conclude otherwise. Accordingly, the court affirmed the district court's judgment in favor of Standard Concrete. View "Weeks Marine, Inc. v. Standard Concrete Products, Inc." on Justia Law
Karmely v. Wertheimer
Plaintiffs filed suit against defendants seeking monetary damages for breach of loan documents; tortious interference with contract; breach of an operating agreement; account stated; breach of fiduciary duty; and promissory estoppel. On appeal, plaintiffs challenged the district court's grant of defendants' motion to dismiss. At issue was an agreement for a loan from a lender to himself and his partner. The court vacated and remanded, concluding that the documents at issue were ambiguous and precluded dismissal of the complaint. View "Karmely v. Wertheimer" on Justia Law
Posted in:
Contracts, U.S. 2nd Circuit Court of Appeals
Bachner Company, Inc. v. Weed
Bachner Company and Bowers Investment Company were unsuccessful bidders on a public contract proposal. They filed a claim for intentional interference with prospective economic opportunity against four individual procurement committee members. The superior court found that the bidders failed to present a genuine issue of material fact regarding the committee members' alleged bad faith conduct. The superior court then held that the committee members were protected by qualified immunity and that the lawsuit was barred by the exclusive remedy statute. The bidders thereafter appealed. Upon review, the Supreme Court concluded that the bidders indeed failed to present a genuine issue of material fact regarding the committee members' alleged bad faith. Furthermore, the exclusive remedy statute barred the bidders' suit. Accordingly, the Court affirmed the trial court's decision.
View "Bachner Company, Inc. v. Weed" on Justia Law
Iron Mound, LLC v. Nueterra Healthcare Mgmt., LLC
Iron Mound, LLC and ASC Group, LLC entered into an operating agreement for the creation of ASC Midwest, LLC. Neuterra Healthcare Management, LLC was the successor-in-interest to the ASC Group. After ASC Midwest was dissolved, Iron Mound brought this breach of contract action against Nueterra, alleging that under the operating agreement, Iron Mound was entitled to receive a percentage of the gross fees earned by Nueterra under a management agreement entered into after the operating agreement had expired. The district court granted summary judgment in favor of Nueterra. The court of appeals reversed. The Supreme Court reversed the court of appeals and affirmed the district court, holding that the unambiguous terms of the operating agreement rendered it inapplicable to the fees received by Nueterra under the management agreement. View "Iron Mound, LLC v. Nueterra Healthcare Mgmt., LLC" on Justia Law
Posted in:
Contracts, Kansas Supreme Court
In Re: Nortel Networks, Inc.
The multinational telecommunications firm Nortel declared bankruptcy in 2009 and various debtors comprising the Nortel brand auctioned their business lines and intellectual property, raising $7.5 billion. The debtors subsequently disputed whether they had agreed to allocate the auction funds through arbitration. The Bankruptcy Court held that they had not agreed to arbitrate their disputes about allocation. The Third Circuit affirmed: the contract at issue does not reflect the debtors’ intent to arbitrate disputes about the auction funds. The court declined to consider the Joint Administrators’ related challenge to the Bankruptcy Court’s decision to allocate the contested funds, noting that the Bankruptcy Court has not yet held the hearing to allocate the funds, so that review would be premature. View "In Re: Nortel Networks, Inc." on Justia Law
Miller v. Saunders
After Plaintiff filed a complaint for divorce from Dean Miller, Plaintiff and Dean executed a property settlement agreement providing that Dean would maintain life insurance for the benefit of the parties' four minor children until they reached the age of majority. Dean subsequently executed a service request form listing his children as the beneficiaries of his life insurance policy and instructing that beneficial interests be paid to and managed by Kristin Saunders as custodial trustee for the benefit of his minor children. After Dean died, funds from his life insurance policy were distributed to Saunders. Plaintiff filed a complaint seeking declaratory and injunctive relief asking the superior court to declare that Dean's four children were the sole beneficiaries of his life insurance policy. The court granted Defendants' motion for summary judgment, finding that Dean created a valid custodial trust pursuant to the Rhode Island Uniform Custodial Trust Act (RIUCTA) and that the trust was not inconsistent with Dean's obligations under the property settlement agreement. The Supreme Court affirmed, holding (1) Dean created a custodial trust pursuant to RIUCTA; and (2) Dean did not violate the property settlement agreement by designating Saunders as custodial trustee on the service request form. View "Miller v. Saunders" on Justia Law
Wells Fargo Bank, NA v. Younan Props., Inc.
Wells Fargo sued the Younans for breach of contract. The defendants moved for dismissal for lack of subject matter jurisdiction, lack of personal jurisdiction over Sherry Younan because of lack of minimum contacts in Illinois and insufficient service of process. The district court ruled that the opposing parties were not of diverse citizenship and that it lacked subject matter jurisdiction. Instead of amending, Wells Fargo moved, nine months after filing its original complaint, to be allowed to dismiss without prejudice. The defendants asked that dismissal be conditioned on Wells Fargo’s paying their legal expenses of $56,000. The judge dismissed, conditioned on Wells Fargo reimbursing defendants for $11,000 in legal expenses incurred in seeking dismissal. The Seventh Circuit affirmed, noting that the defendants did not justify their “extravagant‐seeming request, which included more than $9,000 for two briefs each of which was just half a page long and merely incorporated by reference another lawyer’s brief.” View "Wells Fargo Bank, NA v. Younan Props., Inc." on Justia Law
Safety Signs, LLC v. Niles-Wiese Constr. Co., Inc.
A subcontractor on a public project filed suit against the general contractor and an insurance company that provided a payment bond seeking to recover money owed under the subcontract after the general contractor defaulted. The subcontractor asserted a payment-bond claim against the insurance company and breach of contract, unjust enrichment, and other claims against the general contractor. The insurance company filed a motion for summary judgment on the payment-bond claim because the subcontractor mailed its pre-suit notice of claim to the general contractor listed on the subcontract rather than the address listed on the payment bond. The district court denied the motion and granted judgment against the insurance company. The court of appeals reversed. The Supreme Court affirmed, holding (1) pursuant to Minn. Stat. 574.31(2)(a), a claimant must serve notice on the contractor at its address as stated in the bond as a prerequisite to filing suit; and (2) the subcontractor in this case did not comply with the statutory notice requirements. View "Safety Signs, LLC v. Niles-Wiese Constr. Co., Inc." on Justia Law
Farkas v. GMAC Mortgage, L.L.C., et al.
Plaintiff appealed the district court's grant of summary judgment for defendants on plaintiff's claims arising out of the threatened foreclosure on two residential investment properties he owned. The court concluded that the district court correctly determined that Deutsche Bank was a mortgagee and could proceed with the foreclosure action; as a non-party mortgagor, and without any evidence showing plaintiff to be an intended third-party beneficiary, the court concluded that plaintiff lacked the requisite standing to bring suit to enforce the terms of the Pooling & Services Agreement that governed the assignment of the mortgagor's notes; and the requirement in Tex. Prop. Code 51.0001(3) that the current mortgagee provide the notice required the court also to consider defendants' argument that quasi-estoppel under Texas law precluded plaintiff from challenging GMAC's status as mortgage servicer. The court affirmed the judgment of the district court. View "Farkas v. GMAC Mortgage, L.L.C., et al." on Justia Law
Southwest Power Pool, Inc. v. FERC
This case concerned SPP and MISO's, two regional transmission organizations (RTOs), dispute over the interpretation of a single contract provision. FERC resolved the conflict against SPP. The court applied both the Administrative Procedure Act (APA), 5 U.S.C. 500 et seq., and the "Chevron-like analysis" that governs review of such an interpretation and found that the Commission failed to provide a reasoned explanation for its decision. Accordingly, the court concluded that the Commission's decision was arbitrary and capricious. The court vacated and remanded the orders. View "Southwest Power Pool, Inc. v. FERC" on Justia Law