Breach of Contract Cases
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Breach of Contract

Ohio Court of Appeals (Second District)
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Worch Lumber v. Fetzer — Second District holds Home Construction Service Suppliers Act does not apply to lumber supplier

The Second District affirmed that Ohio’s Home Construction Service Suppliers Act (HCSSA) did not apply to a lumber company’s transaction with a homeowner because the company was a material supplier, not a “home construction service supplier” as defined by the statute.

Uncategorized

Blackmon Mooring v. St. Edward’s University — Third Court Reverses Summary Judgment, Holds Parol Evidence Cannot Transform Cost Estimate into Price Cap

The Third Court of Appeals reversed summary judgment for St. Edward’s University, holding that the parol evidence rule prohibited using pre-contract negotiations to transform a cost-plus contract’s ‘estimated budgetary price’ into a guaranteed maximum price.

Superior Court of Delaware, Complex Commercial Litigation Division (CCLD)
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SRS v. Follett Parent — Court Sustains Most Breach-of-Contract Claims Over Post-Merger Lumen Sale Dispute

Delaware CCLD denies most of a buyer’s motion to dismiss post-merger breach-of-contract claims, finding the buyer plausibly failed to use reasonable best efforts to sell an asset and improperly refused to retain a contractually required valuation firm.

Ohio Court of Appeals (Ninth District)
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Hilliard Lending v. H-9 — Ninth District affirms cognovit judgment, holds Civ.R. 60(B) unavailable before final judgment

The Ninth District affirmed a $3 million cognovit judgment, holding that Civ.R. 60(B) relief from judgment was unavailable where the original judgment was not yet final due to unresolved attorney fees, and that Civ.R. 54(B) reconsideration was properly denied.

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