Justia Contracts Opinion Summaries

Articles Posted in Injury Law
by
Terry Willis purchased a tract of property with funds that were apparently the proceeds from illegal drug sales. After Willis failed to make a payment, David Ferterrer contributed approximately half of the late payment. Willis was later sentenced to life imprisonment for drug-related crimes, which left him unable to pay for the property as the contract for deed contemplated. The parties agreed that Ferterrer would be responsible for completing the payments to purchase the property. Ferterrer also removed funds from Willis's checking account to prevent federal authorities from seizing those funds. Armed with a notarized agreement allegedly from Willis to sell the property to Ferterrer (the Deed), Ferterrer obtained a loan to purchase the property. Willis subsequently filed an action challenging Ferterrer's ownership of the property, also alleging that Ferterrer had converted the funds from Willis's bank account. The district court affirmed the validity of the Deed and concluded that Fertterer had not converted any funds belonging to Willis. The Supreme Court affirmed, holding (1) substantial evidence supported the district court's findings of fact; and (2) the district court properly determined that Willis failed to prove that Fertterer had converted funds from Willis's bank account. View "Willis v. Fertterer" on Justia Law

by
This case stemmed from a dispute among the owners of an oil-drilling rig. Donald Buffington owned 62.5 percent of the rig. Newton Dorsett, through his company, Diamond Transport & Drilling, owned the remaining 37.5 percent of the rig. Two lawsuits brought by the owners were resolved when the parties entered into a compromise agreement. The third case was brought by Buffington against Diamond and Dorsett in the Lafayette County circuit court and alleged causes of action for breach of contract and conversion arising out of the agreement. The fourth case was filed by Diamond in Louisiana seeking an order enforcing the agreement. Thereafter, Louisiana court found, inter alia, that the compromise agreement remained in effect. Subsequently, the Lafayette County circuit court found that, in light of the Louisiana judgment, res judicata applied to a majority of the issues brought by Buffington in the Lafayette County circuit court. The case proceeded to trial, and the circuit court entered judgment against Dorsett. The Supreme Court affirmed in part and reversed in part, holding (1) res judicata did not bar Buffington's action in Arkansas court; and (2) there was substantial evidence to support the jury's award of damages. View "Dorsett v. Buffington" on Justia Law

by
Brian Harnett worked as an account executive and salesman for Corporate Technologies, Inc. (CTI), which provided Harnett information technology solutions to sophisticated customers. When Harnett was hired, he signed an agreement that contained non-solicitation and non-disclosure provisions. Harnett later left CTI and began working for OnX USA LLC (OnX), where he participated in sales-related communications and activities with certain of his former CTI customers on behalf of OnX. CTI sued Harnett, alleging breach of contract and tortious interference with CTI's contractual rights and advantageous relationships. CTI sought a preliminary injunction restraining Harnett from doing business with certain customers, which the district court granted. The First Circuit Court of Appeals affirmed the issuance of the preliminary injunction, holding that the district court's conclusion that Harnett likely engaged in solicitation in violation of the agreement was reasonable, and therefore, the court did not err in granting injunctive relief. View "Corporate Techs., Inc. v. Harnett" on Justia Law

by
This case arose from a Hampton Inn & Suites renovation and construction in Rhode Island. Stonestreet Construction, as the construction manager and general contractor, entered into a construction contract with Weybosset Hotel. Because of cost overruns and other delays, Allstate Interiors & Exteriors, one of the subcontractors on the project, filed a complaint against Stonestreet. Stonestreet counterclaimed against Allstate and brought a third-party complaint against Weybosset, bringing several state law causes of action arising from the construction project. After a trial on Stonestreet's third-party complaint against Weybosset, the district court ruled in favor of Stonestreet on its breach of contract claim and awarded damages in the amount of $571,595. The First Circuit Court of Appeals affirmed, holding that the district court did not err in (1) exercising supplemental jurisdiction following Allstate and Stonestreet's partial settlement; (2) interpreting the construction contract for the purpose of calculating damages; and (3) denying Weybosset's discovery motion regarding supplemental expert reports. View "Stonestreet Constr., LLC v. Weybosset Hotel, LLC" on Justia Law

by
Plaintiffs are the estranged great grandchildren of Elsie and legatees to one half of her residuary estate under a will dated 2004 and admitted to probate following Elsie's death in 2010. The defendants are Audrey, Elsie's sister and legatee to the remaining half of her residuary estate, and Elsie’s former neighbors, Toni, Bruce, and Mike. Elsie's will nominated Toni as executrix; Toni and Audrey took possession of significant assets from Elsie during Elsie’s life. Toni and Bruce began providing assistance to Elsie and her husband in 2004 under a contract providing that Toni and Bruce would be paid $500 per week and would receive $8000 for assistance given in the past. The agreement provided that Toni and Bruce would be paid from her estate, rather than during her lifetime. The trial court found that that Toni, while acting as an agent under the power of attorney, did not arrange for Elsie’s assets to pass at death to the defendant, that the assets in question were retitled by Elsie personally. The Virginia Supreme Court reversed in part, holding that Toni was in a confidential relationship with Elsie and the burden was on the defendants to rebut the presumption that the transactions were the result of undue influence. View "Ayers v. Shaffer" on Justia Law

by
A mother sued Ford Motor Company on behalf of her six-year-old son, whose spine was fractured in a car wreck, alleging that the defective design of the seatbelt in the vehicle caused her son's permanent paralysis and other injuries. The jury returned a $43.8 million verdict for compensatory damages. Ford's share of the verdict, based on its degree of fault, was $6,570,000. Ford filed a motion for a new trial, arguing that the verdict was excessive. The trial court denied the motion. The court of appeals, however, determined that the verdict was excessive and remanded the case with a suggestion of remittitur from $43.8 million to $12.9 million. The suggested remittitur would reduce Ford's share of the verdict to $1,935,000. The Supreme Court reversed the judgment of the court of appeals and reinstated the jury's verdict, holding (1) the court of appeals had the authority to suggest a remittitur even though Ford did not request it; but (2) the court of appeals erred in remitting the verdict to $12.9 million, as the jury's verdict was supported by material evidence and was within the range of reasonableness. Remanded. View "Meals ex rel. Meals v. Ford Motor Co." on Justia Law

by
Defendants, Nancy and Thomas Bernheim, appealed the trial court’s summary judgment decision granting plaintiff GEICO Insurance Company’s claim against them for reimbursement of $10,000 that GEICO had paid defendants under the medical-payments provision of their automobile insurance policy. Although the Supreme Court agreed with the trial court that defendants should have reimbursed GEICO, it reversed and remanded for a determination of the proper reimbursement amount. View "GEICO Insurance Co. v. Bernheim" on Justia Law

by
This case arose from disputes between the Department of Information Technology and Defendant, a computer equipment supplier, over two contracts between the parties. The Department filed this action against Defendant, alleging breach of contract and fraud claims. Defendant filed an amended counterclaim, alleging takings and due process violations. The Department moved to dismiss the takings and due process claims based on the State's sovereign immunity. The trial court determined that the Department had waived the State's sovereign immunity regarding Defendant's counterclaims by bringing this cause of action against Defendant. After a jury trial, the trial court awarded Defendant damages on its procedural due process counterclaim. The Supreme Court (1) reversed the judgment of the trial court in favor of Defendant on the procedural due process counterclaim, holding that the Department did not waive the state's sovereign immunity by initiating the present litigation, and therefore, the trial court lacked subject matter jurisdiction over Defendant's counterclaims; and (2) affirmed in all other respects. View "Chief Info. Officer v. Computers Plus Ctr., Inc." on Justia Law

by
Appellants, owners and/or managers of Big Drive Cattle, LLC, appealed the district court's dismissal of their counterclaims against Farm Credit. Big Drive executed various promissory notes and loan agreements with Farm Credit. Farm Credit subsequently filed suit against appellants to enforce appellants' guarantees. Appellants filed counterclaims against Farm Credit for negligence, negligent misrepresentations, and breach of the duty of good faith and fair dealing. The court concluded that appellants could not rely on the loan agreements, the notes, the guarantees, or any other contracts for the source of the legal duty of accurate reporting they alleged Farm Credit owed to them; appellants' allegations that Farm Credit ignored an "express directive" to remove a particular employee from Big Drive's line of credit was not relevant to their amended counterclaims; and appellants failed to state a claim for negligence where appellants have not plead any plausible duty requiring Farm Credit to provide appellants with accurate reports on the loan collateral, negligent misrepresentation where appellants did not plead the element of intent, and breach of the duty of good faith and fair dealing where appellants failed to plead sufficient specific facts to establish damages arising from Farm Credit's breach. Accordingly, the court affirmed the judgment of the district court. View "Page, et al. v. Farm Credit Services, etc., et al." on Justia Law

by
The New Mexico Supreme Court recognized a new tort called "malicious abuse of process," which subsumed causes of action for malicious prosecution and abuse of process. Nanodetex Corporation and two of its principals (the Insureds) were successfully sued for malicious abuse of process. They then sought indemnification from Carolina CasualtyInsurance Company, which covered the Insureds under a management liability policy (the Carolina Policy). Carolina denied the claim, relying on an exclusion in the policy for losses arising from claims for "malicious prosecution." It sought a declaratory judgment that it was not liable for the damages arising from the malicious-abuse-of-process judgment. On Carolina's motion for summary judgment, the district court agreed with Carolina and also rejected the Insureds' counterclaims. The Insureds appealed. Upon review, the Tenth Circuit reversed the declaratory judgment, holding that the term "malicious prosecution" in the exclusion does not encompass all claims of malicious abuse of process, but only claims whose elements are essentially those of the common-law cause of action for malicious prosecution. Because the judgment against the Insureds in the tort case was affirmed on appeal on a claim that was not substantially the same as common-law malicious prosecution, the exclusion in the Carolina Policy did not apply. View "Carolina Casualty Insurance v. Nanodetex Corporation, et al" on Justia Law