Justia Contracts Opinion Summaries
Articles Posted in Injury Law
Gharda USA, Inc. v. Control Solutions, Inc.
This case arose out of a warehouse fire in Pasadena, Texas. Plaintiffs, the company that leased the warehouse and the company that stored materials in the warehouse, sued Defendants, the suppliers of the chlorpyrifos that the lessee used in the warehouse, for manufacturing and marketing defect, breach of contract, negligence, and other causes of action. The jury found that the chlorpyrifos was defective and that Defendants breached the parties’ contract. After the trial court entered judgment for Plaintiffs, Defendants moved for judgment notwithstanding the verdict. The trial court granted the motion, concluding that the testimony of all four of Plaintiffs’ experts was unreliable and constituted no evidence of negligence, manufacturing defect, and causation. The court of appeals reversed, concluding that each expert’s individual testimony was reliable, and therefore, the experts’ collective testimony was reliable. The Supreme Court reversed, holding (1) the testimony of all four experts was unreliable; and (2) consequently, there was no evidence of an essential element of Plaintiffs’ claims. View "Gharda USA, Inc. v. Control Solutions, Inc." on Justia Law
Phillips v. Carlton Energy Group, LLC
Plaintiff and the main defendant (Defendant) both wanted an interest in a coalbed methane exploration prospect in Bulgaria. Plaintiff sued Defendant, alleging that Defendant obtained his interest by tortiously interfering with the owner’s contract to convey an interest to Plaintiff. Plaintiff claimed damages for the loss of its interest in the project. A jury found in favor of Plaintiff and awarded $66.5 million in actual damages. The trial court reduced the damages to $31.16 million. The court of appeals reversed in part and rendered judgment on the verdict, awarding Plaintiff the $66.5 million actual damages found by the jury, as well as exemplary damages. On appeal, Defendant argued that the evidence of the fair market value of Plaintiff’s lost interest was too speculative to support the jury’s award of damages. The Supreme Court reversed in part, holding that, under the rule that lost profits cannot be recovered as damages unless proven to a reasonable certainty, Plaintiff was not permitted to recover all of the damages found by the jury. View "Phillips v. Carlton Energy Group, LLC" on Justia Law
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Contracts, Injury Law
Vernco Constr., Inc. v. Nelson
In this commercial dispute, Petitioner obtained a $6 million breach-of-contract and tort judgment against Respondents. After filing the lawsuit, Petitioner assigned its claims to its commercial lender. Respondents filed a motion to dismiss for lack of jurisdiction, alleging that Petitioner had no standing to pursue the litigation because it had assigned the claims to the lender. The trial court concluded that Petitioner had standing. The court of appeals vacated the judgment and dismissed for want of jurisdiction. The Supreme Court reversed, holding that the court of appeals failed to consider pertinent evidence before the trial court, and therefore, the cause must be remanded to the trial court for reconsideration. View "Vernco Constr., Inc. v. Nelson" on Justia Law
DePuy Orthopaedics, Inc. v. Brown
DePuy Orthopaedics, an Indiana corporation with its principal place of business in Indiana, sold a prosthetic hip implant that Plaintiffs, nineteen individuals, had implanted during hip replacement surgeries in Virginia and Mississippi. After DePuy issued a voluntary global recall of the prosthetic hip implant Plaintiffs filed suit in Marion Superior Court, alleging injuries related to the hip replacement equipment. DePuy moved to transfer venue to Virginia and Missisippi on the grounds of forum non conveniens pursuant to Indiana Trial Rule 4.4(C). The trial court denied the motion. The Supreme Court affirmed, holding that there was sufficient evidence for the trial court to have reasonably concluded that Indiana was the appropriate forum for this litigation. View "DePuy Orthopaedics, Inc. v. Brown" on Justia Law
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Contracts, Injury Law
Kekona v. Bornemann
Since 1993, Defendant claimed lawful ownership of a property that was fraudulently transferred to him as part of a conspiracy to prevent Plaintiffs from collecting on a judgment. After two remands, a third jury found that the transfer of certain property was fraudulent and awarded $253,000 in special damages and $1,642,857 in punitive damages. Defendant appealed, arguing that the punitive damages award was grossly excessive and in violation of his rights under the Fourteenth Amendment. The intermediate court of appeals (ICA) vacated the punitive damages award. The Supreme Court vacated the ICA’s judgment, holding that the punitive damages awarded by the third jury was justified and did not violate Defendant’s federal due process rights. View "Kekona v. Bornemann" on Justia Law
Am. Messaging Servs., LLC v. DocHalo, LLC
American Messaging Services, LLC (AMS) purchased an ownership interest in DocHalo, LLC. The parties entered into an agreement establishing the terms of their business relationship. After AMS discovered that DocHalo had contacted some of AMS’s sales personnel about joining DocHalo and had unilaterally reached out to some of AMS’s customers, AMS filed a complaint alleging breach of contract, breach of the implied covenant of good faith and fair dealing, misappropriation of trade secrets, and tortious interference with contractual relations. AMS sought a temporary restraining order seeking DocHalo from contacting its customers and sales personnel. The Court of Chancery denied the motion, holding that while AMS established colorable claims against DocHalo, it did not appear to face imminent and irreparable harm that would justify extraordinary relief. View "Am. Messaging Servs., LLC v. DocHalo, LLC" on Justia Law
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Contracts, Injury Law
PoolRe Insurance Corp. v. Organizational Strategies, Inc.
This arbitration case stemmed from disputes over Appellee Organizational Strategies, Inc.'s (OSI) captive insurance program, created with Appellants Capstone Insurance Management, Ltd., Capstone Associated Services, and Capstone Associated Services (Wyoming), LP's (collectively, "Capstone") assistance. Appellant PoolRe, managed by Capstone, provided insurance services to OSI's newly created captive insurance companies. Capstone and OSI entered into contracts requiring AAA arbitration, whereas PoolRe and the captive insurance companies entered into contracts requiring ICC arbitration. An arbitrator joined all of the parties for arbitration under AAA rules. Because the arbitrator acted contrary to the express provisions of the PoolRe arbitration agreements, the district court held that arbitrator exceeded his authority and, pursuant to 9 U.S.C. 10, vacated the award. Finding no reversible error, the Fifth Circuit affirmed. View "PoolRe Insurance Corp. v. Organizational Strategies, Inc." on Justia Law
In re Crawford & Co.
In 1998, Glenn Johnson suffered serious work-related injuries. In separate administrative proceedings, the parties contested the details and amounts of the lifetime workers’ compensation benefits Johnson was entitled to. Johnson and his wife filed the instant suit against his employer’s workers’ compensation insurance provider and related individuals and entities (collectively, Crawford), alleging that Crawford engaged in a plan to delay and deny benefits that the Johnsons were entitled to receive. Crawford filed a plea to the jurisdiction and motion for summary judgment, arguing that the Texas Department of Insurance Division of Workers’ Compensation had exclusive jurisdiction over all of the Johnsons’ claims because they arose out of the workers’ compensation claims-handling process. The trial court dismissed the Johnsons’ claims for breach of the common law duty of good faith and fair dealing and for violations of the Texas Insurance Code but refused to dismiss any of the other claims. The Supreme Court conditionally granted mandamus relief, holding that all of the Johnsons’ claims arose out of Crawford’s investigation, handling, and settling of claims for workers’ compensation benefits, and therefore, the Division had exclusive jurisdiction over the Johnsons’ claims. View "In re Crawford & Co." on Justia Law
HK&S Constr. Holding Corp. v. Dible
In 2011, the Town of Middletown issued an invitation for bids on a drainage improvement project. Two contractors submitted bids, including HK&S Construction Holding Corp., which provided the lowest bid. Woodard & Curran, Inc. recommended against awarding HK&S the project and in favor of negotiating a contract with the second bidder. The town counsel concluded that HK&S’s bid was non-responsive and awarded the contract to the second bidder. Plaintiff filed a complaint against the Town and Woodard & Curran alleging, among other claims, that the Town violated state and local law when it denied the contract award for the project. The superior court granted summary judgment for Defendants. The Supreme Court affirmed, holding (1) there was no error in disposing of HK&S’s claims against the Town in summary judgment where HK&S failed to submit a responsive bid; and (2) HK&S’s claim of negligence against Woodard & Curran also failed. View "HK&S Constr. Holding Corp. v. Dible" on Justia Law
G.T. Leach Builders, LLC v. Sapphire V.P., L.P.
A property developer filed suit against several defendants involved in a construction project asserting claims for negligence and breach of contract. Defendants filed motions to compel arbitration, which the trial court denied. The court of appeals affirmed. The Supreme Court held that the developer must arbitrate its claims against the general contractor but not its claims against the other defendants, as (1) the developer agreed to arbitrate its claims against the general contractor, and the general contractor did not waive its right to demand arbitration; (2) the developer’s argument that a contractual deadline barred the general contractor’s demand for arbitration was itself a claim that must be arbitrated; (3) the developer did not agree in the general contract to arbitrate its claims against the other defendants; (4) the developer was not equitably estopped from denying its assent to its purported agreement that the other defendants could enforce the general contract’s arbitration provisions; and (5) the subcontracts did not require the parties to arbitrate these claims. View "G.T. Leach Builders, LLC v. Sapphire V.P., L.P." on Justia Law