Lawyers USA Online » breach of contract http://lawyersusaonline.com Your Business Partner Fri, 24 May 2013 20:05:18 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 ERISA doesn’t completely preempt suit over pension rights  http://lawyersusaonline.com/blog/2013/05/15/erisa-doesnt-completely-preempt-suit-over-pension-rights/ http://lawyersusaonline.com/blog/2013/05/15/erisa-doesnt-completely-preempt-suit-over-pension-rights/#comments Wed, 15 May 2013 17:14:58 +0000 Pat Murphy http://lawyersusaonline.com/?p=92770 A tortious interference suit over contractual obligations arising under a pension plan was not completely preempted by ERISA, the 6th U.S. Circuit Court of Appeals has ruled in reversing a dismissal.

The plaintiffs are the former executives of an automotive supply company in Michigan. Collectively, the plaintiffs were guaranteed $13
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]]> http://lawyersusaonline.com/blog/2013/05/15/erisa-doesnt-completely-preempt-suit-over-pension-rights/feed/ 0 Homeowners can’t sue over denial of HAMP application  http://lawyersusaonline.com/blog/2013/04/24/homeowners-cant-sue-over-denial-of-hamp-application/ http://lawyersusaonline.com/blog/2013/04/24/homeowners-cant-sue-over-denial-of-hamp-application/#comments Wed, 24 Apr 2013 17:08:38 +0000 Pat Murphy http://lawyersusaonline.com/?p=92501 Homeowners could not pursue state-law claims for the alleged wrongful denial of a mortgage modification under the federal Home Affordable Modification Program (HAMP), the 4th U.S. Circuit Court of Appeals has ruled in affirming a dismissal.

Congress authorized the U.S. Department of the Treasury to implement HAMP to help struggling
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]]> http://lawyersusaonline.com/blog/2013/04/24/homeowners-cant-sue-over-denial-of-hamp-application/feed/ 0 Court-appointed expert isn’t immune from suit  http://lawyersusaonline.com/blog/2013/04/15/court-appointed-expert-isnt-immune-from-suit/ http://lawyersusaonline.com/blog/2013/04/15/court-appointed-expert-isnt-immune-from-suit/#comments Mon, 15 Apr 2013 17:14:06 +0000 Pat Murphy http://lawyersusaonline.com/?p=92353 A court-appointed expert was not immune from liability for allegedly failing to provide contracted-for services in a divorce case, the Oklahoma Supreme Court has ruled in reversing a dismissal.

The plaintiff was a party to a divorce in which child custody was disputed. The trial judge appointed the defendant to
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]]> http://lawyersusaonline.com/blog/2013/04/15/court-appointed-expert-isnt-immune-from-suit/feed/ 0 N.Y. high court sets real property damage standard  http://lawyersusaonline.com/blog/2013/03/26/n-y-high-court-sets-real-property-damage-standard/ http://lawyersusaonline.com/blog/2013/03/26/n-y-high-court-sets-real-property-damage-standard/#comments Tue, 26 Mar 2013 16:37:12 +0000 Pat Murphy http://lawyersusaonline.com/?p=92082 A seller suing for a buyer’s breach of a contract to sell real property was entitled to recover the difference between the contract price and the fair market value of the property at the time of the breach, New York’s highest court has ruled.

In 2005, the defendant entered into
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]]> http://lawyersusaonline.com/blog/2013/03/26/n-y-high-court-sets-real-property-damage-standard/feed/ 0 Suit alleges D.C. firm failed to protect inventor’s secrets  http://lawyersusaonline.com/blog/2013/01/18/suit-alleges-d-c-firm-failed-to-protect-inventors-secrets/ http://lawyersusaonline.com/blog/2013/01/18/suit-alleges-d-c-firm-failed-to-protect-inventors-secrets/#comments Fri, 18 Jan 2013 12:59:33 +0000 Pat Murphy http://lawyersusaonline.com/?p=90667 A recently filed malpractice suit seeks to hold the D.C. law firm of McDermott, Will & Emery liable for the alleged theft of a California inventor’s confidential information.

Elizabeth Holmes and her medical technology company, Theranos, Inc., sued McDermott last month in D.C. Superior Court. The Palo Alto, Calif., inventor
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]]> http://lawyersusaonline.com/blog/2013/01/18/suit-alleges-d-c-firm-failed-to-protect-inventors-secrets/feed/ 0 O’Quinn firm faces suit over expenses  http://lawyersusaonline.com/blog/2013/01/07/oquinn-firm-faces-suit-over-expenses/ http://lawyersusaonline.com/blog/2013/01/07/oquinn-firm-faces-suit-over-expenses/#comments Mon, 07 Jan 2013 13:54:09 +0000 Correy Stephenson http://lawyersusaonline.com/?p=90393 According to a lawsuit filed by former clients, the Texas-based O’Quinn law firm mishandled their silicosis litigation settlement funds.

Thirty-one former clients joined in a federal lawsuit against the estate of founding partner John O’Quinn, who passed away in 2009,
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]]> http://lawyersusaonline.com/blog/2013/01/07/oquinn-firm-faces-suit-over-expenses/feed/ 0 Market crash inadmissible to refute ‘lost profits’  http://lawyersusaonline.com/blog/2012/12/12/market-crash-inadmissible-to-refute-lost-profits/ http://lawyersusaonline.com/blog/2012/12/12/market-crash-inadmissible-to-refute-lost-profits/#comments Wed, 12 Dec 2012 18:17:34 +0000 Pat Murphy http://lawyersusaonline.com/?p=89870 Defendants in a real estate development dispute could not introduce evidence of a post-breach crash in the real estate market to prove that the plaintiffs would not have profited from the parties’ contract, Maryland’s highest court has ruled in affirming judgment.

The defendants are the owners of two adjoining properties.
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]]> http://lawyersusaonline.com/blog/2012/12/12/market-crash-inadmissible-to-refute-lost-profits/feed/ 0 ‘Lost profits’ expert excluded in breach-of-contract case  http://lawyersusaonline.com/blog/2012/12/06/lost-profits-expert-excluded-in-breach-of-contract-case/ http://lawyersusaonline.com/blog/2012/12/06/lost-profits-expert-excluded-in-breach-of-contract-case/#comments Thu, 06 Dec 2012 16:32:07 +0000 Pat Murphy http://lawyersusaonline.com/?p=89755 An expert could not testify that a plaintiff would have been “extraordinarily successful” had the defendant not breached the parties’ contract in support of a claim for over $1 billion in “lost profits” damages, the California Supreme Court has ruled.

The plaintiff is a small dental implant company. In 1996,
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]]> http://lawyersusaonline.com/blog/2012/12/06/lost-profits-expert-excluded-in-breach-of-contract-case/feed/ 0 Benchmarks: Gambling contract may be enforceable  http://lawyersusaonline.com/blog/2012/11/08/benchmarks-gambling-contract-may-be-enforceable/ http://lawyersusaonline.com/blog/2012/11/08/benchmarks-gambling-contract-may-be-enforceable/#comments Thu, 08 Nov 2012 15:34:00 +0000 Pat Murphy http://lawyersusaonline.com/?p=89041 Anyone who has gone to law school probably has some dim memory of being told that gambling contracts are generally unenforceable on public policy grounds.

But Tuesday a California court decided that a professional poker player just might have enforceable rights under an alleged oral agreement to stake another gambler.


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]]> http://lawyersusaonline.com/blog/2012/11/08/benchmarks-gambling-contract-may-be-enforceable/feed/ 0 Insurer doesn’t owe duty of good faith to foster child  http://lawyersusaonline.com/blog/2012/10/22/insurer-doesnt-owe-duty-of-good-faith-to-foster-child/ http://lawyersusaonline.com/blog/2012/10/22/insurer-doesnt-owe-duty-of-good-faith-to-foster-child/#comments Mon, 22 Oct 2012 13:59:19 +0000 Pat Murphy http://lawyersusaonline.com/?p=88667 An insurance company that provided foster care liability insurance did not owe a duty of good faith to a foster child who died from neglect, the 10th Circuit has ruled in affirming judgment.

The defendant provided foster care liability coverage to a foster parent whose foster child died of neglect.
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