FreightCar Fright Oct 4, 2008
One of FreightCar America's suppliers, Bral, filed a lawsuit the company in the U.S. District Court of Western Pennsylvania near Johnstown on Sept. 29, alleging a breach of contract. Bral said it entered into an exclusive supply agreement to provide FreightCar with castings used on railcar doors made with the MegaFlo system, a quick-opening system that FreightCar uses on several different railcar models. (Forbes -- Markets)
Relegation bound Fluminense fire coach Oct 4, 2008
He returned in January to succeed Bora Milutinovic, who was fired for breach of contract. I know it is a great challenge, but every difficulty is a new opportunity, Simoes said. (The Star Online, Malaysia -- Sports)
Judge dismisses lawsuit against USM Oct 4, 2008
In his lawsuit filed in September 2007, professor Chauncey Marc DePree, who taught in USMs College of Business, alleged violations of his federal constitutional rights, defamation, interference with business relations, assault, intentional infliction of emotional distress and breach of contract. U.S. District Judge Keith Starrett dismissed DePrees claims against all 14 defendants named in the suit. (The Clarion-Ledger)
Ruling Called 'Paradigm Shift' in Non-Compete Cases Oct 3, 2008
Angell flatly disagreed, saying "although he asserts that his communications with Schwab clients immediately after his resignation from Schwab amounted to 'notification' rather than 'solicitation,' I find that the arbitrators probably will conclude that his actions encouraged these clients to follow him to RBC Dain. In addition, I find that the arbitrators probably will conclude that the disclosure of names, addresses, and telephone numbers of Schwab clients to RBC Dain also constituted a breach... (Law.com)
BUZZ ON MARQUETTE: New hoops coach has a mixed bag Oct 3, 2008
(There is still a pending lawsuit between him and the school, which involves the institution's alleged breach of contract and his $300,000 buyout clause. . (SportsIllustrated.CNN)
Court: No punitive damages in LOTR suit Oct 3, 2008
The lawsuit is seeking more than $150 million in compensatory damages based on breach of contract, fraud and other claims. Los Angeles Superior Court Judge Ann I. Jones also ruled this week that the estate and Tolkien heirs have established a legal basis for the fraud claim against New Line. (MSNBC -- Movies)
Stifel could be suitor for Wachovia Securities unit Oct 3, 2008
Before the merger with Wachovia was completed, A.G. Edwards responded by filing a lawsuit against a top executive who left for Stifel, accusing him of breach of contract, misappropriation of trade secrets, breach of fiduciary duty and unfair competition. Kruszewski, in turn, accused Edwards of trying to intimidate employees. (St. Louis Business Journal, MO)
Fired coach settles suit against St. Bonaventure Oct 3, 2008
Van Breda Kolff claimed breach of contract, libel and other issues in a $21. 5 million lawsuit filed a year ago in U.S. District Court in Buffalo. (ESPN -- College Basketball News)
Theron Sued For Wearing Jewelry Oct 3, 2008
The luxury watchmaker has sued the 33-year-old actress, who appeared opposite Will Smith in this summer's blockbuster Hancock, for breach of contract. He claims she violated the terms of her 18-month endorsement deal with his company by being photographed in a competitor's wares. (Forbes -- Business)
Entrepreneur(R) Magazine's Coveted Annual Ranking of Top Franchises at the Center of Trade Secret Dispute Sep 25, 2008
The causes of action named in the complaint include false designation of origin, breach of contract, misappropriation of trade secrets, and unfair competition. "We are in the business of supporting entrepreneurs, and we wish Rieva well with her new venture," says Peter Shea, Chairman and CEO of EMI. "But it saddens and disappoints me that someone whom we trusted with our most valuable assets would take our confidential information and attempt to market it as her own." Franchise businesses... (PR Newswire)
Judge says Dan Rather can move forward with lawsuit against CBS Sep 24, 2008
Rather, a native Texan who maintains a residence in downtown Austin, filed the complaint alleging breach of contract in 2007. New York Supreme Court Judge Ira Gammerman ruled in April that depositions could be taken in the case. (Austin Business Journal, TX)
Best responses to 14 stressful situations Sep 24, 2008
Then: Enlist legal services if you feel your dismissal involves discrimination or breach of contract, advises Pearl Zuchlewski, former chair of the New York State Bar Association Labor and Employment Law Section. But don't threaten legal action before you've confirmed with a lawyer that your case has legs, and try not to burn bridges with your former employer. (CNN)
PartyGaming bets on Empire Online Sep 24, 2008
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)
Judge lets part of Rathers CBS lawsuit proceed Sep 23, 2008
CBS lawyer James Quinn says Rather cant prove breach of contract because the network assigned him to 60 Minutes II as required and paid him what it owed him ... Rather lawyer Martin Gold says proving breach of contract will be a slam dunk. (MSNBC -- News)
Judge Says Part of Rather's Suit May Proceed Sep 23, 2008
We expect, once we complete the discovery process, that the only two claims that remain in the casebreach of contract and breach of fiduciary dutywill also be dismissed ... "CBS has again failed to win dismissal of Mr. Rather's $70 million lawsuit. Justice Gammerman held that all of the allegations of CBS' misconduct remain in the case. Mr. Rather can proceed with his breach of contract and breach of fiduciary duty claims, and may seek both compensatory and punitive damages. The Court... (TVweek.com)
Buyer sued over $53 million penthouse Sep 22, 2008
Russian financier Andrei Vavilov sued the hotel, developers El-Ad Properties and brokers Stribling iates this month for breach of contract, fraud, deceptive trade practices and negligence. He demanded the return of his 10. (Yahoo News)
Fired Agriprocessors worker sues company Sep 20, 2008
Perez makes several claims against Agriprocessors, including defamation, public humiliation, breach of contract, conspiracy to cover up organized illegal actions and unjust enrichment. Perez, who is representing himself in the lawsuit, said he was fired in early May. (Sioux City Journal)
Tessera suit alleges UTAC failed to pay royalties Sep 20, 2008
said it filed a suit in California Superior Court alleging breach of contract and other claims against UTAC and its U.S. subsidiary. "While UTAC has paid royalties to Tessera on certain of its products, we discovered through one of our scheduled audits it has not paid royalties on all products that are covered under its license agreement," said Henry Nothhaft, Tessera president and CEO, in a statement. (EETimes)
Contract row: K'taka HC warns Dhoni Sep 19, 2008
BANGALORE: The high court has given last chance for Team India ODI 00004000 captain M S Dhonis counsel to file his vakalatnama on the issue of Dhonis alleged breach of contract with the manufacturer of Mysore Sandal Soap. On a petition filed by Karnataka Soaps and Detergents Ltd (KSDL), Justice H G Ramesh said if the respondent did not show up, the court may initiate arbitration proceedings. (India Times, India)
No addition allowed under MAT Sep 19, 2008
The non-payment of the same could have resulted in suit for damages for breach of contract and/or specific performance. The assessee claimed the same as business expenditure under section 37. (India Times)
County clerk files suit against state's attorney over legal fees Sep 18, 2008
The two-count complaint accuses Yoder of professional negligence and breach of contract for failing to provide Milton with legal advice on how she could request reimbursement of the legal fees. Yoder did not immediately return a call for comment on the lawsuit. (The Pantagraph newspaper)
Ribry wins court case, damages from ex-agent Sep 18, 2008
Heiderscheid had asked CAS, world sport's highest court of appeal, to rule that Ribery was in breach of contract and should pay the Luxembourg-based agent $8. 5 million in damages. (SportsIllustrated.CNN -- Soccer)
Tim TuttleINSIDE NASCAR Sep 17, 2008
But last month GEM filed a lawsuit to void the deal, citing breach of contract. Gordon, in a statement, said: "We categorically reject the allegations that are contained in the complaint and the truth will come out if the case proceeds." Despite the lawsuit Gordon also says he's ready to go ahead with the deal. (SportsIllustrated.CNN -- Racing)
Court orders Pahang to pay RM60m to logging firm Sep 17, 2008
PUTRAJAYA: The Pahang government was ordered to pay a logging firm RM60mil for breach of contract after failing in its final bid at the Federal Court for leave to appeal on Wednesday. Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum who sat with Federal Court judges Datuk Nik Hashim Nik Ab Rahman and Datuk Abdul Aziz Mohamed unanimously dismissed the leave application made by the Pahang government and the Pahang Forestry Director. (The Star Online, Malaysia -- News)
Former England player Barnes to coach Jamaica Sep 17, 2008
He returned in January to succeed Bora Milutinovic, who was fired for breach of contract. Barnes scored 11 goals in 79 appearances for England, as well as playing for English clubs Liverpool, Newcastle, Watford and Charlton in a professional career spanning 1981 to 1999. (SportsIllustrated.CNN -- Soccer)
Jurors side with Ramtha School founder Knight Sep 16, 2008
jury has sided with Ramtha School founder JZ Knight in her breach of contract lawsuit against another spiritual teacher called Whitewind Weaver. Thurston County Superior Court jurors deliberated less than two hours Monday before awarding a little more than $10,000 to Knight. (Longview Daily News, WA)
Kiffin on his way out, despite victory Sep 16, 2008
Monday, September 15, 2008. (09-15) 04:00 PDT Kansas City, Mo. (San Francisco Chronicle)
Bessemer pharmaceutical company files Chapter 7 Sep 16, 2008
filed a lawsuit seeking $224,171 from Advanced Cardiac in March for breach of contract of a line of credit. Attempts to reach Advanced Cardiac representatives were unsuccessful. (Birmingham Business Journal, AL)
Carbon traders compete in potentially lucrative market Sep 15, 2008
"I know some developers who have had to stop projects halfway through. They've watched as their early investment of hundreds of thousands of yuan for the necessary documents has evaporated into thin air, and they've lost the millions - or billions - of yuan they invested in infrastructure construction. Then there's the economic losses due to breach of contract." ... "To avoid having to pay huge amounts of compensation for breach of contract, Chinese sellers must make it clear in the contract who... (Xinhuanet, China)
Heart doctor sacked and branded a 'fraudster' after saving elderly ... Sep 14, 2008
I shall probably get around 97,000, he said, which includes capped amounts for unfair and wrongful dismissal and breach of contract plus legal fees. I hope the tribunal will also make recommendations for my reinstatement, though I expect the trust will use the legal loophole it is allowed for refusing to do so by offering a further 12,000. (Daily Mail)
Idaho Supreme Court hears cases at BYU-I Sep 14, 2008
While in Rexburg, the justices heard three cases - a breach of contract case involving a half-finished home, a Madison County case in which the request by Burns Holding LLC for a zone change for a cement plant was denied by the County Commission, and a case centering on an insurance claim from an automobile accident. At the event, the stage area became the center of activity with a central table set up for the justices and a podium for the attorneys who addressed them. (Rexburg Standard Journal, ID)
Reggae Boyz sack Simoes Sep 13, 2008
In Jamaica, Simoes succeeded Bora Milutinovic, who was fired for breach of contract. - AP. (The Star Online, Malaysia -- Sports)
Simes fired as coach of Jamaica national team Sep 13, 2008
Simoes fired as coach of Jamaica's Reggae Boyz - - SI.com. Posted: Thursday September 11, 2008 7:54 PM. (SportsIllustrated.CNN -- Soccer)
Ex-Fresno Pacific director's lawsuit alleges retaliation Sep 13, 2008
The lawsuit says that Thomason is a victim of wrongful termination, breach of contract, defamation and retaliation for reporting sexual harassment. The university hasn't had a chance to review the lawsuit, said Fresno Pacific spokeswoman Diana Bates Mock. (Fresno Bee -- Local)
$16 Million Verdict Tossed Sep 13, 2008
"If unfulfilled promises, innocently or negligently made, were sufficient to support a constructive fraud claim, every breach of contract would potentially give rise to a claim of constructive fraud," Justice Barbara Milano Keenan wrote. The court also rejected the distress claim, saying there was no evidence Supervalu intended to hurt Johnson rather than simply eliminate his stores as a competitor. (WTVR.com, VA)
Test your news knowledge! Sep 12, 2008
See how you've been keeping up with current events. Questions and answers: AJC staff and wire services Photos: AJC file and wire services. (Atlanta Journal-Constitution -- World)
Donald Trump says SimDag cant enforce tower licensing agreement Sep 12, 2008
U.S. Bankruptcy Judge K. Rodney May ordered in July that Trump s breach of contract suit could continue despite SimDag s Chapter 11 bankruptcy protection filing ... The trial for Trump s breach of contract suit is scheduled for Feb. 2. (Tampa Bay Business Journal, FL)
Simoes fired as coach of Jamaica's Reggae Boyz Sep 12, 2008
The Jamaica Football Federation said it had "severed ties with Simoes and his Brazilian staff'' in a statement. In qualifying for the World Cup, Jamaica drew Canada 1-1, lost to Mexico 3-0, and on Wednesday, lost to Honduras 2-0. Simoes said before the Honduras match that the Reggae Boyz needed to win or they would have little hope of advancing. It was last in its four-team CONCACAF group, with only the top two moving on. Simoes, who could not immediately be contacted for comment, signed a... (The Star Online, Malaysia -- Sports)
The Law Firm of Napoli Bern Ripka, LLP Files Arbitration Claim Against Charles Schwab On Behalf of Investors Who Sustained Losses in YieldPlus Funds -- SCHW, SWYPX, SWYSX Sep 12, 2008
The FINRA Statement of Claim alleges damages for breach of fiduciary duty, breach of contract, unsuitability, over-concentration and misrepresentations and omissions relating to the firm's failure to properly disclose the risks associated with the YieldPlus Select Fund. The Statement of Claim alleges that Charles Schwab represented that the YieldPlus Select Funds (SWYSX) was a safe alternative to money market funds that emphasized preservation of capital and income production. (Primezone Releases)
Dutch 'not liable' for Srebrenica Sep 11, 2008
"The state cannot be held responsible for any breach of contract or wrongful act committed by Dutchbat [the Dutch military]," the ruling said. "Neither is the state liable for wrongful action taken by those in charge of the armed forces or members of the national government.". (BBC News -- Europe)
MPAC Industries Corporation: Corporate Update-Soma Sep 11, 2008
Consequently, MPAC has issued a demand letter to the manufacturer to return all the funds paid by MPAC to the manufacturer for breach of contract and non performance of the crushing and screening components in relation to the processing of coal at its Pilot Plant. To that end, the Company's legal counsel in Turkey has issued an appropriate demand letter to the manufacturer. (CCNMatthews Press Releases)
Mattison files civil suit against county Sep 11, 2008
Mattison filed a claim against the county's insurance in late March, alleging breach of contract and defamation; the claim was denied by the county in July. Mattison sought $4. (Chetek Alert, WI)
Buyer calls Plaza Hotel suite "attic-like," sues Sep 10, 2008
The apartment's anonymous buyer, who made the purchase based on a video, is suing the hotel, developers El-Ad Properties and brokers Stribling iates for breach of contract, fraud, deceptive trade practices and negligence. The buyer, who local media have identified as Russian financier Andrei Vavilov, is asking for the return of his 10. (Yahoo News)
Sportscaster Winches sues Channel 42 over contract Sep 10, 2008
Winches joined WIAT in February 2007 as a sportscaster and later sued Citadel for breach of contract seeking to break his non-compete clause so he could negotiate with WERC AM-960. Citadel claimed it held Winches broadcast rights until Dec. 20, 2007. (Birmingham Business Journal, AL)
Official: GM broke promise. Sep 10, 2008
I feel that this is a breach of contract, or at least concept, he said. Their claim was they wanted that area to remain scenic. (Columbia Daily Herald, TN)
Motorola sues RIM for poaching employees Sep 9, 2008
The lawsuit, which claims breach of contract and unfair competition by RIM, also is a pre-emptive strike. Motorola contends its former employees cant do their jobs at another wireless company without disclosing trade secrets and vital information about customers. (Crain's Chicago Business)
Lawsuit claims Disturbia ripped off Hitchcock Sep 9, 2008
Dreamworks, its parent company Viacom Inc, and Universal Pictures, a unit of General Electric Cos NBC Universal, are accused of copyright infringement and breach of contract for making Disturbia without first obtaining permission from the copyright holders, the suit said. (Msnbc. (MSNBC -- News)
Frenchtown Fire Chief Waldron dismissed Sep 9, 2008
At that same time Waldron took leave, his attorney Stacey Weldele-Wade, of Antonioli and Wade P.C., sent the board a letter claiming hostile work environment and breach of contract. The board says it investigated Waldron's complaint and that by failing to return to work, he has abandoned his duties as head of the rural volunteer department. (Missoulian, MT)
New season of "Project Runway" not in till 09 Sep 8, 2008
The decision to jump ship prompted Bravo parent NBC Universal to sue the Weinstein Co., which produces Project Runway, for breach of contract. But sewing machines are whirring and models are strutting as Project Runway's fifth season unfolds on Bravo to the tune of more than 3. (Xinhuanet, China)
McDavids suit over failed Hawks, Thrashers buy set for October Sep 7, 2008
Campbell left standing the claims for breach of contract of an oral agreement, breach of contract and promissory estoppel arising out of a confidentiality agreement, misappropriation of trade secrets, fraud and expenses of litigation. He dismissed McDavid s claims for breach of contract and promissory estoppel arising out of an exclusivity agreement and breach of fiduciary duty and dismissed Turner Broadcasting s parent company, , as a defendant ... In regard to breach of contract of an oral... (Atlanta Business Chronicle, GA)
Breach Cases Could Cost U.S. Government Billions Sep 6, 2008
"I think that's a breach of contract under Winstar and its progeny. So far, we feel pretty good about liability, and the reliance damages are pretty straightforward." His suit is the first, but, he predicts comfortably, "There will be more.". . (Law.com)
PartyGaming bets on Empire Online Sep 6, 2008
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)
Bullock's husband sued for outstanding lawyers' fees Sep 6, 2008
Sandra Bullock's husband Jesse James has been hit with a breach of contract lawsuit by his former lawyer over unpaid fees. James, the owner of custom motorcycle firm West Coast Choppers, Inc. is accused of failing to pay $327,533 to law firm Keats McFarland and Wilson LLP, after hiring their services in 2001 to protect his intellectual property rights. (FOX23 News, NY)
Ex-California Fitness owners sue Lifestyle over cash due after deal Sep 5, 2008
California Fitness is accusing Lifestyle of breach of contract and is seeking nearly $7 ... -based Lifestyle Family Fitness Inc. Filed: July 7 in Franklin County Common Pleas Court Case number: 06-CV-8759 Accusation: Breach of contract Relief sought: More than $7. (Columbus Business First, OH)
All smiles, then a family funeral pyre Sep 5, 2008
He was found out and sued for breach of contract. The case opened Foster's books to scrutiny and revealed the extent of his mounting debt - $2. (Sydney Morning Herald -- World)
MDS Reports Third Quarter 2008 Financial Results Sep 4, 2008
6 billion in damages against AECL, for negligence and breach of contract, and against the Government of Canada, for inducing breach of contract and for interference with economic relations. AECL and the Government of Canada also announced that its decision will not impact the current supply of medical isotopes and that AECL will continue to supply medical isotopes, using the NRU reactor and will pursue an extension of the NRU operation beyond its current expiry date of October 31, 2011. (Canada Newswire)
Employers advised against recycling of temporary workers Sep 4, 2008
Mr Frimpong said a worker who participates in an illegal strike may have his or her services terminated by the employer without any notice for breach of contract of employment or may forfeit his or her pay in respect to the strike period. 03 Sept 08. (Ghana Web, Ghana)
Lis on Law: Breach of Promise to Marry Sep 3, 2008
For example, under New York Civil Rights Law, Article 8 abolishes actions for breach of contract to marry. The article reads, in part, "The rights of action to recover sums of money as damages for alienation of affections, criminal conversation, seduction, or breach of contract to marry are abolished No contract to marry made or entered into in this state shall operate to give rise, either within or without this state, to any cause or right of action for its breach." ... The law basically treats... (Fox News)
Hotel developer fails despite ties to boldface names Sep 2, 2008
Voll is suing Falor, contending fraud, breach of contract and negligent misrepresentation, among other accusations. Falor didn't respond to interview requests, but his lawyer, Ariel Weissberg, disputed that misconduct occurred in any of Falor's dealings. (International Herald Tribune -- Business)
Dolphins extend Ricky Williams through 2009 Sep 1, 2008
He sat out the 2004 campaign after announcing his retirement, but came back after the Dolphins demanded he return bonus money for breach of contract. In the 2005 season, Williams ran for 743 yards and six touchdowns in 12 games after sitting out a four-game suspension for violating the drug policy. (ABC 7 News, DC)
Republican Veep Nominee Is No Stranger to Legal Conflict Aug 30, 2008
"It was a refreshingly bipartisan plan," says Hosie, a Democrat who has previously sued Exxon on fraud and breach of contract matters. "I have seen her go toe-to-toe with the oil industry in a way that a lot of Democratic governors are afraid to do for being viewed as anti-business.". (Law.com)
Psystar: Apple Is a Monopoly Aug 30, 2008
In a filed July 8 in a California district court, of copyright infringement, breach of contract, trademark and trade infringement, and unfair competition. But Psystar shot back this week, arguing that Apple itself should be forced to allow competition. (PC Magazine)
Supreme Courts Quanta decision will impact diagnostic and research tool companies Aug 30, 2008
The attorneys said the case may also open up a new line of attack in biotechnology litigation, and will likely encourage companies to sue for breach of contract in place of the more typical patent infringement suit ... Gaede said the case may move the industry toward breach of contract lawsuits being considered as a remedy for unauthorized uses of patent technology in place of patent infringement suits ... I would definitely see in the future opportunities for people to file suits not for patent... (FT.com -- Markets)
Bar faces setbacks Aug 29, 2008
Arrington plans to take legal action against Anderson "under the purchase of assets agreement and take any other legal remedies that might be available to him based on the breach of contract," Pugh said. Arrington plans to take legal action within the next seven days, Pugh said Tuesday. (Daily Collegian, PA)
Siebel Newsom Sues Indy Filmmaker Aug 29, 2008
Siebel Newsom requested a jury trial, a $75,000 repayment, breach of contract and monetary compensation and compensation for other violations, according to court documents. Rothstein was not immediately available for comment. (NBC 11, CA)
