Case VIa ZR 273/23 Court Bundesgerichtshof, 6a. Zivilsenat (Federal Court of Justice, 6th Civil Panel “a”) (Germany) Date Decided 9 […]
The First Department reversed denial of a CPLR 3213 motion, holding that a promissory note’s subordination clause—which governed creditor priority but did not expressly bar suit—did not restrict the junior noteholder’s right to sue upon default.
Case Gretchen Hyde, et al. v. Robert and Rochelle Oxarango, et al. Court Idaho Supreme Court Judge Meyer (Brad Little,
Case 0998823 B.C. Ltd. v. Chitchot Court Court of Appeal for British Columbia (Canada) Judge William Harris (appointment info not
Case Joshua Harris and Donita Olds v. W6LS, Inc. (doing business as WithU and WithU Loans) and Caliber Financial Services,
The Second District affirmed a $50,748 judgment against a law firm for unpaid court-reporting services, holding the firm was primarily liable regardless of its clients’ separate agreement to pay.
The Court of Appeals affirmed a $1.9 million jury verdict against an LLC member who breached the operating agreement, fiduciary duty, and made negligent misrepresentations by secretly diverting company business to competing ventures.
The Court of Appeals reversed an involuntary dismissal in a property management dispute, holding that the property owner’s testimony alone was sufficient to prove damages and that excluded software reports were admissible as both business records and admissions by a party opponent.
The Fourth Department held that a standard commercial lease attorney’s fees clause does not authorize “fees on fees” — recovery of fees incurred to collect a prior attorney’s fee award — absent unmistakably clear contractual language, and further held that failure to object to a referee’s denial of CPLR 5001 prejudgment interest waives that argument on appeal.
The Fourth Department reversed summary judgment for property-owner defendants and reinstated a real estate broker’s commission claim, finding that post-expiration text messages discussing incoming offers created a triable issue whether the parties formed an implied-in-fact contract for brokerage services.
The Wyoming Supreme Court reversed a divorce decree that treated all retirement accounts listed in postnuptial agreement exhibits as entirely separate property. The court held that the agreement’s express exclusion of retirement accounts from its “separate property” definition, combined with Paragraph 5(g)’s specific formula dividing pre- and post-June 2017 contributions, required the district court to apply the formula to the listed accounts as well.
The Fifteenth Court of Appeals held that a pool construction contract’s limitation of remedy to “repair” encompasses cost-to-complete damages as well as cost-to-repair, because construing “repair” to exclude unfinished work would render the contractor’s promise illusory; it also held that a contractor whose quantum meruit recovery is offset by the owner’s larger breach-of-contract damages award is not a “prevailing party” entitled to Chapter 38 attorney’s fees.
The Eighth District affirmed summary judgment in favor of Reminger Co. in a breach-of-contract action to collect unpaid legal fees, holding that the pro se defendant’s failure to comply with appellate briefing rules and support his assignments of error with argument and authority was fatal.
The First District affirms a circuit court order directing limited partners to pay their respective portions of an unanswered capital call, finding the Limited Partnership Agreement authorized the call for operational expenses.
The First Department affirms in a complex commercial real estate dispute involving a major New York City property, addressing contractual obligations and partnership issues.
The First Department addresses a significant dispute between an estate and Christie’s auction house, analyzing claims related to the handling and sale of art works.
The First Department addresses a commercial real estate dispute between building owners and a hotel joint venture entity.
The First Department addresses a commercial dispute between Anthony Partners LLC and Mici, ruling on the parties’ respective claims.
The Third Department addresses claims against an insurance agency for failing to procure adequate coverage, analyzing breach of contract and negligence theories of liability.
The Georgia Court of Appeals partially reversed a hearing officer’s decision in a COAM industry dispute, holding that a party who unconditionally promises to grant use of property it does not own is liable for breach of contract under long-settled Georgia law.
Case Zurich American Insurance Company v. Tom James Company et al. Court Tennessee Court of Appeals (Middle Section, at Nashville)
The North Carolina Court of Appeals affirmed summary judgment dismissing a developer’s twelve-year-old breach-of-contract claim against Currituck County under an assumed water and sewer reimbursement agreement, holding that the 1986 developer agreement was not an installment contract because the county’s payment obligation was contingent on its own decision to connect customers, making the consideration unified and all claims time-barred under N.C. Gen. Stat. § 1-53(1)’s two-year limitations period.
The Fourth DCA holds that a pre-judgment denial of attorney’s fees merges into the final judgment and must be challenged in the initial appeal—failure to do so permanently waives the issue.
The Fourth DCA reversed a judgment for specific performance and damages in a residential real estate transaction, holding that the buyer breached by failing to close on the contractual time-is-of-the-essence closing date when her financing fell through due to a reduced appraisal.