Former Oklahoma State pitcher, NCAA settle lawsuit Oct 7, 2009
Oliver, an Ohio native, also sued the NCAA for breach of contract and damages, and those were the complaints settled out of court. Oliver's attorney, Richard Johnson, said Tuesday that the terms are confidential. (USA Today -- Sports)
Defamation Suit Dismissed Against Alleged Online Griper and Web Site Oct 7, 2009
com, Xcentric Ventures LLC, and Milewski for defamation, and Milewski separately for breach of contract. Appearing pro se, Milewski denied making the posts, but argued that the content was opinion and thus protected speech. (Law.com)
Bride and... whom Oct 7, 2009
The Days are so upset that they've taken their photographer to court for breach of contract over the 1,450 photo and video package. But how hard can it be to get great shots at a happy occasion, where everyone is dressed up in picturesque locations. (BBC News -- UK)
Couple sue wedding photographer Oct 7, 2009
Marc and Sylvia Day took Gareth Bowers to court for breach of contract over the 1,450 photo and video package, as they were satisfied with only 22 out 404 taken. The Days say the majority of them were not straight, obscured, too light or too dark. (BBC News)
To Get What They're Owed, Law Firms Are Taking Delinquent Clients to Court Oct 6, 2009
One thing that is often taken into consideration is the two-year statute of limitations on malpractice claims and the four-year statute of limitations on breach of contract claims. Often he will wait to file the breach of contract suits until after the two-year limit on malpractice claims has passed in an attempt to avoid malpractice counterclaims from the client. (Law.com)
Court Rules Against Lender's Attempt to Cut out Commission During a Short Sale Oct 6, 2009
Stewart filed suit alleging breach of contract and intentional interference with contract. He claimed he was owed a commission because he had provided a ready, willing, and able buyer. (RealtyTimes)
John J. Wild, 95; researcher advanced medical uses of ultrasound Oct 3, 2009
jury over a claim of defamation and breach of contract after the Minnesota Foundation and Amherst H. Wilder Foundation closed his laboratory. At the time, the Guinness Book of Records called it the world s largest defamation judgment. (Boston Globe)
City might have legal right to cut sewer service (2096) Oct 3, 2009
Earlier this week, the city filed a motion for a preliminary injunction in a breach of contract lawsuit against the tribe, asking it to pay at least 140,993 of 639,000 in in-lieu of tax payments for the fiscal year. Doing so would prevent layoffs, said City Administrator Jan Willis. (Coos Bay-North Bend The World, OR)
BofA's $4 Billion Case Against Bear Stearns Survives Motion to Dismiss Oct 3, 2009
Judge Crotty concluded the bank's three fraud claims should stand "because [the complaint] alleges facts that constitute strong circumstantial evidence of conscious misbehavior and recklessness." He dismissed the breach of fiduciary duty and breach of contract claims, but gave BofA leave to replead the contract allegations. After reading the hearing transcript, we can't say Crotty's ruling came as a surprise. (Law.com)
Forum: State should honor promise to teachers Oct 3, 2009
At worst, this is a clear breach of contract between the state and teachers who were promised a salary supplement if they completed a rigorous nationally recognized certification process ... However, I believe their decision to take away what the state promised to current recipients is a clear breach of contract, and it sends the message to educators that promises are valid only as long as the politicians in power want to honor them. (Athens Banner-Herald)
Tribe: City's deal is unfair Oct 1, 2009
In a breach of contract lawsuit against the Coquille Indian Tribe and the Coquille Economic Development Corp., the city filed a motion Monday seeking an interim court order to offset losses from unpaid tribal bills ... Breach of Contract, simple and clear. (Coos Bay-North Bend The World, OR)
Rather's lawsuit against CBS tossed out Oct 1, 2009
A New York court yesterday dismissed Dan Rather's $70 million breach of contract lawsuit against CBS Corp., noting that the network continued to pay the anchor $6 million a year even after he left the evening news broadcast ... The five-judge panel in the state Supreme Court's appellate division ruled unanimously that a lower court "erred in declining to dismiss Rather's breach of contract claim against CBS.". (Honolulu Advertiser)
Rather suit dismissed Sep 30, 2009
A New York court yesterday dismissed Dan Rather s $70 million breach of contract lawsuit against CBS Corp., noting that the network continued to pay the anchor $6 million a year even after he left the evening news broadcast. Rather sued CBS and its top executives in 2007, claiming he had been removed from his CBS Evening News anchor post over a report that examined President George W. Bush s military service. (Boston Globe)
NYT: Jacksons doctor has two different sides Sep 30, 2009
HOUSTON - Dr. Conrad Murray, who became famous for treating Michael Jackson just before the stars death, has been sued more than a dozen times for claims including breach of contract and unpaid child support. Yet he has never been sued for malpractice. (MSNBC -- Music)
Dan Rathers $70 million CBS suit is dismissed Sep 30, 2009
Former CBS news anchor Dan Rather sued the network for breach of contract ... NEW YORK - A New York court on Tuesday dismissed Dan Rathers $70 million breach of contract lawsuit against CBS Corp., noting that the network continued to pay the anchor $6 million a year even after he left the evening news broadcast ... The five-judge panel ruled unanimously that a lower court erred in declining to dismiss Rathers breach of contract claim against CBS.. (MSNBC -- Television)
Without Bush, media lose interest in war caskets... Sep 30, 2009
Without Bush, media lose interest in war caskets. By: Chief Political Correspondent September 29, 2009. (The Drudge Report)
Owner, county settle lawsuit over ponds Sep 30, 2009
On May 29, an Orangeburg County jury awarded property owner Janice Hiott $10,000 for actual damages on her breach of contract claim against the county. It also awarded her $210,000 on a separate negligence claim after it determined that Orangeburg County s actions were responsible for causing damage to her property. (Orangeburg Times and Democrat, SC)
Ex-police chief files lawsuit against town Sep 30, 2009
SPRINGFIELD, S.C. Dennis Bing Jones, who was terminated from his position as Springfield police chief in April, has filed a lawsuit against the town of Springfield for breach of contract. Jones claims he had performed his duties in the manner to which he was contractually obligated and in conformity with the legitimate expectations of the mayor and town council, yet despite such performance, he was terminated in or around April 2009. (Orangeburg Times and Democrat, SC)
Chucky Mullins 20 years later: What is his legacy? Sep 30, 2009
"I told him we just didn't have room for him," says Brewer, who was fired by Ole Miss in 1993 but sued the school for breach of contract and in 1999 was awarded more than $200,000. "But Chucky looked me right in the eye and kept telling me that if we gave him a scholarship, he would earn it, and that we wouldn't be sorry.(3 of 3)"I told him that if another recruit backed out of his commitment, I'd call him. (The Clarion-Ledger)
O'Melveny & Myers Wins Dismissal of Remaining Claims for Disney in Pooh Copyright Suit Sep 30, 2009
That fraud and breach of contract suit was dismissed in 2005, after a state court judge determined that a private investigator for the Slesingers. Disney, meanwhile, tried and failed to terminate SSI's Pooh rights in federal court. (Law.com)
Appeals Court Dismisses Dan Rathers Suit Against CBS Sep 30, 2009
NEW YORK (September 29, 2009)--An appeals court has dismissed Dan Rather's $70 million breach of contract lawsuit against CBS Corp.. Rather sued CBS and its top executives in 2007, claiming they removed him from his "CBS Evening News" anchor post after controversy over a report about President George W. Bush's military service. (KWTX.com, TX)
Treats Pond coming to a head Sep 26, 2009
It can be written into the document that the license is not revocable at will and if it was then the town could pursue a breach of contract suit, Ross said. The town has yet to review a draft of the license document. (Cohasset Mariner, MA)
Citi sues Morgan Stanley for CDS Sep 26, 2009
NEW YORK: Citigroup Inc sued Morgan Stanley on Friday for breach of contract, saying the Wall Street firm owed it $245 ... Citigroup Inc sued Morgan Stanley on Friday for breach of contract, saying the Wall Street firm owed it $245. (India Times)
Insurer Must Defend in Funeral Home Body-Parts Suit, Judge Rules Sep 26, 2009
Baylson disagreed, saying: "The cases cited, however, do not dismiss the negligence allegations due to the intentional conduct allegations being more prevalent, as Nationwide essentially suggests here. Instead, the courts held that the gist of the action doctrine is meant to preclude plaintiffs from re-casting ordinary breach of contract claims into tort claims.". As for the guilty pleas, Baylson found that the Pennsylvania courts have rejected the argument that allegations of negligence must be... (Law.com)
NetSuite, merchant in eBay-related legal row Sep 26, 2009
(09-24) 13:39 PDT -- A company that buys and resells valuables is suing on-demand ERP (enterprise resource planning) vendor for breach of contract, saying the software package it paid for isn't working as expected, and is inhibiting its ability to sell items on. More IDG Headlines. (San Francisco Chronicle -- Technology)
Citi Sues Morgan Stanley Over CDS, Claims $245 Million Sep 26, 2009
NEW YORK (Reuters) - Citigroup Inc sued Morgan Stanley on Friday for breach of contract, saying the Wall Street firm owed it $245. 4 million for protection it bought on a loan. (ABC News -- Business)
RepeatSeat Negotiates Management Agreement for Key Operating Divisions, Makes Assignment Pursuant to the Bankruptcy and Insolvency Act Sep 26, 2009
CALGARY, ALBERTA--(Marketwire - Sept. 25, 2009) - RepeatSeat Ltd. ("RepeatSeat") (TSX VENTURE: - ), wishes to announce that the Company, its subsidiaries RepeatSeat Inc., Comptrol Systems, Inc., and its officers and directors have been served a statement of claim alleging negligent misrepresentation, breach of contract, negligence and breach of fiduciary duties by its lenders Roynat Capital Inc., RPS Capital LP, by its general partner Knightsbridge Capital Partners inc., and Knights Bridge LP by... (CCNMatthews Press Releases)
Jury sees pictures that led to firing of Abington sewer department superintendent Sep 26, 2009
He alleges that his firing amounted to age discrimination and breach of contract. He was 63, and earning $64,000 in 2005, when he was fired. (Abington Mariner, MA)
AG SAYS ‘NO EASY ANSWER’ ON RETIREMENT CONTROVERSY Sep 25, 2009
There was a local company that could provide the propane but Clay County was told that if they used that local company, the other company would sue them for breach of contract, McDaniel said. On the way back, the governor and I were trying to figure out how to get that gas to Clay County and I was drafting a bill to sue that gas company because people were suffering. (Pine Bluff Commercial, AR)
North Bend files suit against tribe Sep 24, 2009
By , Staff Writer Thursday, September 24, 2009. Filed on Tuesday, the lawsuit contends the tribe and its Coquille Economic Development Corp. failed to make a first quarterly payment of 115,000 for city services, including police, fire and sewer. (Coos Bay-North Bend The World, OR)
2nd Circuit Finds No Private Right to Contest Concessions to Airline Sep 23, 2009
Eastern District of New York Judge Nina Gershon granted summary judgment for the defendants on July 22, 2008 on their claims under the Railway Labor Act and state claims including breach of contract. She also ruled in favor of the Association of Professional Flight Attendants on the plaintiffs' claim of breach of the duty of fair representation. (Law.com)
EU nations fail to agree on bluefish tuna ban Sep 22, 2009
Kenyon said Tuesday at a European Club Association meeting that Kakuta was also stunned that his move in 2007 was judged as a breach of contract. FIFA last week imposed a transfer ban on Chelsea until January 2011. (Fresno Bee -- Local)
PartyGaming bets on Empire Online Sep 22, 2009
Empire filed a lawsuit claiming breach of contract which was settled by PartyGaming paying out $250m in return for the Empirepoker. com website and other assets from Empire. (Yahoo News -- Gambling & Lottery)
Court battles heat up over Augustalee project Sep 22, 2009
In its own lawsuit filed last month, Bromont accuses the fund of breach of contract and unfair and deceptive trade practices. By not funding the remaining $4 million of its loan, Bromont claims, The BUILD Fund triggered a default with Fifth Third. (Charlotte Business Journal, NC)
Amaranth Advisors Sues Touradji, Seeking at Least $350 Million in Damages Sep 22, 2009
6 billion three years ago this month, sued and his employees, seeking at least $350 million for claims including breach of contract and misappropriation of trade secrets. Amaranth says Touradji breached two contracts agreed to in September 2006 regarding the transfer and purchase of Amaranths base-metals portfolio, according to a complaint filed Sept. 18 in New York State Supreme Court in Manhattan. (Bloomberg -- Canada)
Bon Jovi on GH5 Protest Sep 22, 2009
The game allows players to use Cobain to sing and perform songs from other bands, not just Nirvana songs, which Love claims was a breach of contract. Bon Jovi, meanwhile, isn't too fond of the idea either. (IGN PS2)
Health data breach notification rule starts Sept. 23 Sep 22, 2009
Previously, if there was a data breach it was a breach of contract. Now, if they dont follow HIPAA, they are subject to federal penalties. (FCW.com)
Karl And Ashley Miller Today Announced That They Have Formally Requested the SEC to Require MMC Energy, Inc., to Disclose Involvement in Material Litigation That Will Reduce the Company's Assets Sep 19, 2009
On Monday, September 14, 2009 District Judge Deborah A. Batts, dismissed all of MMC's claims against Mr. Miller except a breach of contract claim related to his Separation Agreement with the company. In their letter to the SEC, Mr. Miller pointed out that as the company Founder he, his wife and family members own a substantial number of shares in MMC.. (PR Newswire)
Part of Maid's Lawsuit Thrown Out in Kobe Bryant Case Sep 19, 2009
They are are suing for breach of contract, breach of covenant of good faith and fair dealing. A trial date has been set for April 12. (FOX61, CT)
• 5th District Court news Sep 19, 2009
Schilder Dairy, LLC vs Delaval, INC; seeking money judgment against defendant for payment of damages alleged as a result of breach of contract and negligence. Child support cases. (Burley South Idaho Press, ID)
Bon Jovi supports Cobain protest Sep 18, 2009
"For the record, this... is breach of contract on a bully's part and there will be a proper addressing of this and retraction," she wrote. Jon Bon Jovi, who is promoting his band's 11th studio album, The Circle, said he had declined the offer to appear as a playable character in Guitar Hero. (BBC News -- Technology)
Kingwood members mulling Williams offer Sep 18, 2009
"Williams asked members to form an advisory council. He also solicited members to pay 10,000 for a new company, Kingwood Country Club and Resort, LLC. Those shareholders would then lease the tangible personal property from the resort for 5,000 per month for five years, which totals 300,000. Attempts to reach Williams by phone were unsuccessful.Member Randy Speed said he and others were conducting due diligence in consideration of the offer."Kingwood is trying to save the club. To save the club,... (Clayton Tribune, GA)
Ferry stoush brewing Sep 18, 2009
The South Australian Government is suing Veolia for deceptive conduct and breach of contract and is seeking tens of millions of dollars in damages from a Veolia subsidiary, United Water, over the cost of the outsourced contract for Adelaide's waste water system. The Maritime Union of Australia also has criticised Veolia. (Sydney Morning Herald -- Australia)
International students desire campus experience Sep 17, 2009
Benes said that the International Student Exchange Program threatened to sue UTC for breach of contract, and that is why the students are finally able to move. Fifty non-international university students were moved on campus during the first few weeks of the semester, but only one international student has been moved, Katie Christie, a junior from Oakland, Tenn. (The University Echo, TN)
SoCal pastor sued for fraud, cheating parishioners Sep 17, 2009
The suit alleges fraud and breach of contract and seeks compensatory and punitive damages. A few rules are needed to help foster a feeling of community. (Fresno Bee -- State)
Federal Court Sides With Industry Icon Karl W. Miller, Dismissing With Prejudice All Claims of Wrongdoing Alleged Against Him by MMC Energy, Inc. Sep 16, 2009
The Court granted Mr. Miller's motion to dismiss the Company's suit against him on all claims except for breach of contract ... As to the remaining allegation of breach of contract, Mr. Miller, a well respected energy industry pioneer and icon, will vigorously defend himself against this claim and the evidence will demonstrate that this claim too is without merit. (PR Newswire)
Gillispie wants federal court to decide case Sep 16, 2009
Gillispie sued the University of Kentucky Athletics Association in federal court in Dallas on May 27, claiming fraud and breach of contract stemming from his March firing. The university countersued in state court. (Muscatine Journal, IO)
Wade's lawyers hoping to settle lawsuits vs. star Sep 16, 2009
Wade also was sued by his former partners, Mark Rodberg and Richard von Houtman, for breach of contract in the restaurant venture. A similar case brought by Rodberg accuses Wade of walking away from obligations to the charter schools, now known as Mavericks in Education Florida LLC. Wade has accused von Houtman of defaming him in e-mails to Heat president Pat Riley, and von Houtman has filed a countersuit to that. (SportsIllustrated.CNN -- NBA)
J&J, Elan Cut Deal Price, Resolve Biogen Dispute Sep 15, 2009
When news of the agreement leaked out, Biogen filed suit, claiming breach of contract. A U.S. judge agreed, saying Elan had transferred control of the right to Jpite its tortuous attempt to hide and deny it. (ABC News -- Wire)
TestMasters Sued for Unauthorized Use of the LSAT Sep 15, 2009
The council filed its copyright infringement and breach of contract case, The Law School Admissions Council Inc. v. Robin Singh Educational Services Inc. d.b.a. TestMasters, on Sept. 4 in the Eastern District of Pennsylvania ... The case appears to be a pretty straightforward copyright infringement and breach of contract lawsuit, said Julia Huston, a partner at Boston intellectual property boutique Sunstein Kann Murphy & Timbers. (Law.com)
Downtown developer sued over Illinois project Sep 14, 2009
The lawsuit specifically alleges securities and consumer fraud, breach of fiduciary duty, negligent misrepresentation and breach of contract. The plaintiffs, Jeff and Melinda Dunn-wald of Iowa and Jim Fehling and Carol Culberson of Illinois, accuse Grace Communities executives Jonathon Vento, Donald Zeleznak and Ryan Zeleznak of mispresenting how their $1. (Phoenix Business Journal, AZ)
* Ikea takes on Russian culture of corruption Sep 13, 2009
3 million) in damages that the judges awarded the generator rental company for breach of contract ... In June, an arbitration appellate court in Moscow awarded Ponomarevs company 5 million euros in two judgments for breach of contract. (Taipei Times, Taiwan -- World Business)
Nirvana Bandmates 'Dismayed' By Kurt Cobain's Image In 'Guitar Hero 5' Sep 12, 2009
I'm not"). "For the record, this 'Guitar Hero' sh-- is breach of contract on a bully's part, and there will be a proper addressing of this," Love wrote. "We are going to sue the sh-- out of Activision. We' being the Trust, the Estate, the LLC and the various LLCs of Cobain Enterprises. (VHI.com -- Music News)
Loan deal saves Leibovitz images Sep 12, 2009
5m) loan and withdraw a lawsuit begun in July for breach of contract. Ms Leibovitz was originally given until 8 September to repay the loan. (BBC News -- Americas)
A Family Fights and a Lawyer Falls Sep 12, 2009
Now, Boland's sons are suing Cave and Hogan & Hartson in two courts for breach of contract and malpractice, alleging the firm pursued unnecessary legal action against their father that drove up fees and drained their inheritance. The latest action by the sons and Boland's estate -- filed in District of Columbia Superior Court last month -- seeks $120 million in damages. (Law.com)
Court reaffirms misconduct finding on Kayveas and wife Sep 11, 2009
In elaborating her grounds, Justice Lau held that that the breach of stakeholders agreement is not merely a breach of contract but a breach of trust. Kayveas and his wife, Datin Blanche OLeary had named Bar Council as the sole respondent in the civil appeal filed on April 14, 2005. (The Star Online, Malaysia -- News)
Seinfeld, Wife Win Dismissal of Copyright Lawsuit Over Cookbook for Kids Sep 11, 2009
Swains decision left very much alive the defamation claim against Jerry Seinfeld, and claims against HarperCollins for breach of contract and misappropriation, Miller said in a statement. Lapines suit, filed last year, sought unspecified damages from the Seinfelds and from HarperCollins Publishers LLC, a unit of. (Bloomberg -- US)
Malpractice Suit Tugs K&L Gates Into Long-Running Case Sep 11, 2009
The suit makes claims of professional malpractice, negligence, breach of contract, breach of fiduciary duty and negligent misrepresentation. It suggests the firms were unqualified to handle the investigation and said they failed to "conduct an even minimally competent investigation" even though they were "presented with a virtual road map of red flags concerning fraud.". (Law.com)
RPM, Yates to merge in 2010 Sep 11, 2009
Ford sued for breach of contract, but the case was eventually thrown out of court. Brian Wolfe, director of Ford North America Motorsports, called RPM's decision to switch manufacturers "gratifying.". (MSNBC -- Sports)
Clayton city employees Alex Brown, left, and Tracy Turpin dig through debris to read a water meter. Sep 11, 2009
"Lee said when the testing meters were installed, Henry told him not to read them even though his contract stipulated he was to read every meter. He didn't read the meters for two months while waiting for council members to decide whether he should."It wasn't until I mentioned breach of contract anything got done," he said.He said he did an enormous amount of research when hired by the city to figure out a fair cost considering he had to pay for his vehicle, insurance, liability coverage and... (Clayton Tribune, GA)
Mutu in charity plea Sep 10, 2009
ROME: Fiorentina striker Adrian Mutu has offered to make a significant donation to charity if Chelsea let him off his 17mil fine for breach of contract after he tested positive for cocaine. Mutu was fired by Chelsea after the positive test in 2004, not long after joining the Premier League club. (The Star Online, Malaysia -- Sports)
Kenyon claims rival clubs shocked by FIFAs transfer ban on Chelsea Sep 10, 2009
Kenyon said at a European Club Association meeting that Kakuta was also stunned that his move in 2007 was judged as a breach of contract. FIFA last week ruled on Lens complaint and imposed a transfer ban on Chelsea until January 2011. (The Star Online, Malaysia -- Sports)
DC judge allows National Baptist vote to go ahead Sep 10, 2009
Lyons claims such changes constitute a breach of contract. He contends that though he raised his concerns with convention leadership, officials decided to go forward with the election process. (Pine Bluff Commercial, AR)
Women sue for dog reward in Cincinnati Sep 10, 2009
The lawsuit, filed by Carmen Dominguez and Sheila Miller, alleges breach of contract and fraud and seeks damages up to $15,000. The two women claim they were driving in Butler County in southwest Ohio in June when they spotted a small dog ready to dart into traffic. (AZCentral -- News)
Retail Brokers Inc. principals face lawsuits related to investments Sep 10, 2009
The suit claims fraud, breach of contract and failure to meet fiduciary responsibilities. Plaintiffs in the Laufer case say they invested $1. (Phoenix Business Journal, AZ)