Austin's Ann Kelso Salon on S. Congress shutters Aug 20, 2010
Kelso has said the lock out followed failed negotiations over a lawsuit filed years ago against 78704 Partners, alleging breach of contract, deceptive trade practices, negligent misrepresentation and fraud. Bankruptcy records show the salon lost $268,500 in 2008 and 2009, despite generating $3. (Austin Business Journal, TX)
Board has change of heart on resolution Aug 20, 2010
Supervisor Edward Bluthardt Jr., who is a member of the Finance and Budget Committee that submitted the resolution, said not paying for the soil boring work would amount to a breach of contract. That service is provided to us, he said. (Forest Republican, WI)
Carlson, IBM try to fight $76M lawsuit in secret Aug 20, 2010
8 million from IBM for fraud and breach of contract, among other charges ... Carlson backed out of the contract in 2009, IBM said, and filed suit accusing the Armonk, N.Y.-based company of fraud, breach of contract and breach of fiduciary duties. (Twin Cities Business Journal, MN)
Comfort Suites in Lake George files for bankruptcy to stall foreclosure Aug 20, 2010
The entity has sued the hotel in state Supreme Court, alleging breach of contract and claiming the hotel owes $1 million. The hotel disputes the allegations. (Albany Business Review, NY)
Judge Dismisses $280 Million Drug Development Suit Against AstraZeneca Aug 19, 2010
Verus' lawyers at accused AstraZeneca of breach of contract, fraud, conversion, unjust enrichment and breach of the implied covenant of good faith ... "AstraZeneca wasn't going to ask that humans be subjected to this product that wasn't safe." And if AstraZeneca considered Verus' product worthless, he added, the company certainly wasn't going to pay $280 million for it, despite Verus' breach of contract assertions. (Law.com)
Macon Council Approves Health Care Plan Changes Aug 18, 2010
Fraternal Order of Police President, Lieutenant Danny Thigpin says he plans to meet with an attorney about suing the city for breach of contract. The health care plan changes take effect on September 20. (13WMAZ.com, GA)
Hernandez's consulting time in Memphis while on Palm Beach County schools' payroll draws critics, questions Aug 18, 2010
Of course since he already left theres not much the school district could do other than sue for breach of contract, and perhaps sue for the return of severance but nothing will happen. v I read the article in a Memphis paper. (The Palm Beach Post)
“Of course I have no idea whether this lawsuit has merit, but I do know that the simplest bills from AT&T are difficult to understand. And of course the mobile service is separate from the high speed Internet service is separate from the landline service ...I remember once...” Aug 17, 2010
ATs class action on international roaming - Dallas Business Journal. Wednesday, August 11, 2010. (Dallas Business Journal, TX)
NAB supports Labor policy on bank fees Aug 15, 2010
Law firm Maurice Blackburn and litigation funder IMF Australia Ltd are claiming the fees were excessive, punitive charges as they were much higher than the actual cost to the bank for a breach of contract on the accounts. Recent research from financial comparison website RateCity found the credit card fees charged by Bank of Queensland, Bankwest, Suncorp and HSBC were at least 26 per cent higher in May 2010 than in May 2004. (Sydney Morning Herald -- Business)
Former Zos owner sues Bayer Properties Aug 14, 2010
Maki Fresh is accusing Bayer of breach of contract and recklessness, among other things. lbcooper@bizjournals. (Birmingham Business Journal, AL)
AT&T faces class action on international roaming Aug 13, 2010
ATs class action on international roaming - Dallas Business Journal. ATs class action on international roaming. (Dallas Business Journal, TX)
Ex-Agent: Naomi Campbell Knew Gift Was Diamonds Aug 12, 2010
Taylor's lawyer Courtenay Griffiths accused White of lying to assist her in a separate case against her former client, whom she is suing for millions of dollars for alleged breach of contract. "I suggest that your account is a complete pack of lies, and you've made it up in order to assist in your lawsuit against Ms. Campbell," Griffiths said Tuesday. (Newsmax)
Duke Nukem Forever Lives? Aug 12, 2010
Due to 3D Realms failure to complete the game it was sued for breach of contract by publisher Take-Two. But that's not where Duke Nukem Forever's story ends, it seems. (IGN PC Games)
Former Associate Sues Nixon Peabody Over Amount of Origination Bonus Aug 12, 2010
In November, Doolittle sued Nixon Peabody in Monroe County Supreme Court for breach of contract, fraud and deceit, and misrepresentation ... Nixon Peabody listed Doolittle as the "client attorney" for the client, which the firm went on to represent in a breach of contract arbitration. (Law.com)
Montana State settles lawsuit over Kramer firing Aug 12, 2010
A breach of contract allegation was one of several claims dismissed. That left a trial that was to begin Monday in Helena to determine only whether MSU libeled, slandered or portrayed Kramer in a false light. (SportsIllustrated.CNN -- NCAA Football)
Jackson Lewis and Winokur Serkey Found Liable for Verdict Against Former Client Aug 12, 2010
Global sued the lawyers and firms for negligence, breach of contract and loss of chance. Sandy Stephens, a former housekeeper for Global NAPS, originally sued the company alleging a violation of the Massachusetts Maternity Leave Act because the company fired her while she was on maternity leave. (Law.com)
IRDA vows cashless mediclaim revival Aug 12, 2010
Mr Narayan, however, maintained that the regulator would come into the picture only if there was a breach of contract between the company and the insurer. He reckons that more products with differential features and varying premiums would help all stakeholders. (India Times)
AT&T faces international roaming suit Aug 12, 2010
ATs class action on international roaming - Sacramento Business Journal. Wednesday, August 11, 2010, 1:59pm PDT. (Sacramento Business Journal, CA)
Class action lawsuit filed against AT&T over fees Aug 12, 2010
Class action lawsuit filed against AT fees - Dayton Business Journal. Wednesday, August 11, 2010, 4:25pm EDT. (Dayton Business Journal, OH)
Westlake responds to partner's suit Aug 11, 2010
The suit seeks unspecified damages for breach of contract. Westlake will take on fellow Republicans Ron Johnson and Stephen Finn in a primary next month. (Watertown Daily Times, WI)
Board files suit to keep Bellevue hospital open Aug 10, 2010
The lawsuit alleges breach of contract by the West Penn health system arguing that it violated the 1994 affiliation agreement. If the health system were allowed to shut the hospital down and convert it to a long-term acute care facility, "I just feel that it would hurt the community, from the loss of services of the hospital," said Paul Cusick, former Bellevue mayor and vice president of the hospital advisory board. (Pittsburgh Post-Gazette, PA)
SJC cites limit in maternity leave guarantee Aug 10, 2010
But Spina said that if an employer promised a maternity leave exceeding eight weeks and reneged on it, the employee had legal options, including suing for breach of contract. The MCAD plans to review the decision and take appropriate steps to ensure that the discrimination laws of the Commonwealth give the greatest allowable protection to employees across Massachusetts, said its chairman, Malcolm Medley. (Boston Globe)
Cycling doping investigation zeroes on Armstrong Aug 10, 2010
LeMond and Trek sued each other over breach of contract and settled the dispute in February. Handfelt said 70,000 pages of records were sent to investigators in recent weeks. (SportsIllustrated.CNN -- More)
Plano employees file suit; seek break, overtime pay Aug 10, 2010
According to the document, the plaintiffs are bringing suit against the city for declaratory judgment, breach of contract, quantum meruit, promissory estoppel, common law debt and the Texas Payday Act. They are seeking unpaid wages, attorney fees, costs and interest. (McKinney Courier-Gazette, TX)
Sierra Leone: Farrow Contradicts Naomi Campbell's Taylor Testimony Aug 10, 2010
Under cross-examination by lead counsel for Mr. Taylor, Courtenay Griffiths, he pointed out that Ms. White had a breach of contract lawsuit against Ms. Campbell and she wanted to use this story to destroy her (Ms. Campbell). (allAfrica.com)
Mia Farrow contradicts Naomi Campbell’s testimony at war crimes trial of Charles Taylor Aug 10, 2010
You have a very powerful motive for lying, Courtenay Griffiths said to White, noting the former manager is suing Campbell for millions of dollars over an alleged breach of contract. Meanwhile, Farrow, 65, conceded she had never seen the diamond or diamonds herself. (Boston Globe)
› Mind the lease agreement Aug 7, 2010
"Unfortunately, the current economic situation has resulted in a large number of tenants falling into arrears with their rental payments. The correct process for a landlord to follow under these circumstances is to send a letter of demand notifying the tenant of the fact that he/she is in breach of contract, offering the tenant seven days within which to contact the landlord and to make arrangements to remedy the breach. "If payment has not been forthcoming within 20 days, then the landlord is... (iAfrica.com)
- Sport Briefs Aug 7, 2010
Floyd Mayweather Jr is being sued for unpaid rent and breach of contract after his promotions company was evicted from a Las Vegas office. Mayweather lawyer Jeff Morse on Thursday downplayed the July 27 eviction of Mayweather Promotions LLC from what he said was a substandard building. (Taipei Times, Taiwan -- World Business)
South Africa: Unpaid HIV Testing Counsellors Threaten Govt Over Lack of Pay Aug 7, 2010
"It is like a dry season for the counsellors because it is sort of like they get paid quarterly - it's a breach of contract.". A spokesperson for the Gauteng Department of Health and Social Development, Mandla Sidu, told IRIN/PlusNews that his department struggled to get payment requests from NGOs on time, but that all of them had now been paid in full. (allAfrica.com)
Hannoush Jewelers fighting eviction from Fox Run site Aug 6, 2010
" Ferrini said mall management has filed separate legal action in Rockingham County Superior Court claiming breach of contract and seeks collection action due to Hannoush's financial delinquency. Representing Hannoush, attorney Justin Nadeau told the court the case was "about far more than failure to pay rent. " He told Judge Sawako Gardner his clients have paid more than $3 million in rent since they first leased their store in the Newington mall, have recently seen a 54 percent decline in... (Seacoast New Hampshire)
Former HPD recruit sues city, HPD commander and officials Aug 6, 2010
He is suing on several counts including breach of contract, intentional misrepresentation and fraud and retaliation. The city says it has not seen the suit and could not comment. (Honolulu Star-Bulletin)
Tenants' Rights Breaking An Apart... Aug 6, 2010
If a landlord fails to provide the services stipulated in the rental contract, this constitutes a breach of contract and the tenant just may have valid grounds under which to terminate his apartment lease without penalty. Legal Grounds for Terminating an Apartment Lease. (Suite101.com)
Earnhardt Inc. sued by bank Aug 6, 2010
Deutsche Bank -- which wants unspecified damages for breach of contract -- says the busted deal cost it "the opportunity to sell the claim to another buyer at a profit, and/or...the ability to collect any distribution that General Motors has made or will make on the claim.". An Earnhardt spokesman declined to comment. (New York Post -- Business)
City ending trash contract Aug 5, 2010
When asked whether there was any breach of contract by the company, Viola said only that the issue was being evaluated ... When asked whether there was any breach of contract by the company, Viola said only that the issue was being evaluated. (Honolulu Star-Bulletin)
Calgon Carbon 2Q profits drop, sales up Aug 4, 2010
5 million in charges related to litigation against the company in a breach of contract lawsuit. Sales for the quarter were $123. (Pittsburgh Business Times, PA)
Consolidated Toyota Class Action Cites Calif. Consumer Protections Aug 4, 2010
The complaint cites California consumer protection laws, including the Consumer Legal Remedies Act and the California Unfair Competition Law, as well as breach of contract, breach of implied warranty of merchantability, fraud by concealment and unjust enrichment. "We think California law is extremely pro-consumer and that all consumers would want to invoke the benefit of California law," Berman said. (Law.com)
Westpac loses defamation case Aug 4, 2010
That was not the case, and Mr Aktas subsequently won a breach of contract case relating to the incident. However, he has since been involved in a long defamation challenge with Westpac, claiming he received an adverse and hostile reaction, particularly from the local Turkish community, when the cheques bounced. (Sydney Morning Herald -- Business)
Case management for suit against Ning Aug 3, 2010
In her statement of defence filed on Dec 11 last year, Ning denied any breach of contract and claimed that she would refer to the terms of the agreements at any hearing of the suit. Nation. (The Star Online, Malaysia -- News)
Court garnishes Rep. Cloves Campbell's wages to pay non-profit Aug 2, 2010
In the lawsuit, the consortium accused Campbell of breach of contract, financial loss, breach of good faith and fair dealing, and breaking his promise to repay it. Campbell and the president of the consortium, Michael Kelly, told The Republic there was no formal written contract but that they had a verbal agreement. (AZCentral)
Singapore Ex-BP Employees Seek to Set Aside Search Order Aug 2, 2010
SINGAPORE (Reuters) - Six former BP employees sued by the oil major for breach of contract in Singapore have applied to the court to set aside a search order that had allowed BP's lawyers to seize their personal computers, mobile phones and thumb drives, court documents showed. Documents filed with the Singapore High Court by the defense last Thursday alleged that the orders against them were oppressive and had been for "unlawful or illegitimate reasons.". (ABC News -- Wire)
> Was deal in place to discount EpiCentre loan? Jul 31, 2010
The suit claims breach of contract and demands a jury trial. EpiCentre s developers initially secured $62. (Charlotte Business Journal, NC)
Cashless claims: 10-day deadline for four hospitals Jul 31, 2010
Harinarayan said if there are any breach of contract between the insurers and policyholders, he will take penal action immediately as upholding welfare of customers is what IRDA has been constituted for. Briefing media on a CII platform, Dr Naresh Trehan of Medanta said cashless is not a major issue though we have restored this facility for emergency, trauma and all ICU admissions for all customers. (India Times, India)
Condo project heads to auction Jul 31, 2010
-based principal, John Chudy, are also being sued in Travis County court by F. Scott LaGrone a retired board member and his wife, for deceptive trade practices, common law fraud and breach of contract related to a $294,500 condo they bought in the development. The suit also names Austin-based Inc. and sales agent Lance Walters. (Austin Business Journal, TX)
DI: $265m STX Insurance Is A Rip-Off, Jul 30, 2010
The coverage for that was for five years, protecting against the risks of transfer restriction, expropriation, war and civil disturbance, and breach of contract ... MIGA fulfills this mandate by offering political risk insurance (guarantees) to investors and lenders, covering risks including expropriation, breach of contract, currency transfer restriction, war and civil disturbance, and non-honoring of sovereign financial obligations. (Ghana Web, Ghana)
County poised for big developments Jul 29, 2010
If the projected job totals are not met, Mathes said, each industry could be penalized for breach of contract and be obligated to pay a fee. Mathes and the IDA s board of directors came under fire recently after executive bonus payments were voluntarily disclosed after a request by Assemblyman Richard Brodsky, D-White Plains, for all IDAs statewide to release financial statements. (Catskill Daily Mail, NY)
What the iPhone jailbreaking ruling means Jul 29, 2010
But Apple could pursue breach of contract if someone jailbreaks their phone ... Apple could pursue breach of contract if someone jailbreaks their phone, or they could sue a person or company that creates jailbreak software for inducing someone to breach their contract with Apple. (CNN -- Tech)
Non-Client Can't Attack Joint Representation, Court Rules Jul 29, 2010
attorney Bruce Graham and his firm, Graham & Associates, from representing clients with some allegedly opposing interests in a libel and breach of contract suit. Hampton Builders Inc. moved to disqualify Graham and his firm from representing Jim and Maartje Burman, former remodeling clients sued by Hampton for defaming the company on the Internet, and Ted Kipers, a subcontractor the builder cross-complained against. (Law.com)
Sonnenschein Settles Fee Dispute With Ex-Client Who Lost Money With Madoff Jul 29, 2010
Sonnenschein sued for breach of contract on Dec. 22. Ms. Stein (pdf) in February that Sonnenschein breached the settlement agreement by failing to deliver an opinion letter. (Law.com)
Titans file lawsuit against Kiffin, USC Jul 27, 2010
The lawsuit, filed in Davidson County Chancery Court, cites breach of contract and stated, in part, "as a result of USC and Kiffin's tortuous conduct, Tennessee (Titans) football has been damaged in an amount proven at trial." ABC 7 Talkback. Almost immediately following the announcement by USC on Saturday, Fisher, a former USC player, fired away at Kiffin, saying there was "a lack of professionalism" and that he was "disappointed in Kiffin's approach.". (ABC 7 News, DC)
Trial for Garriotts $27M lawsuit begins Jul 27, 2010
Garriott a legend in the computer gaming community, who is credited with helping establish Austin as a gaming hub brought claims of breach of contract, fraud and negligent misrepresentation against his former employer, which acquired Garriott s company, , in 2001. Austin was NCsoft s North American headquarters until it moved to Seattle. (Austin Business Journal, TX)
Use funds to improve downtown Jul 27, 2010
Wouldn't this put CAEDA into a breach of contract. If they were to follow terms of their contract with the federal government there wouldn't be this major dispute which will end up costing every bit of funds raised for the project to be spent on ridiculous civil actions and will mean the end of the project and will ultimately worsen Casper's suffering economy. (Casper Star-Tribune, WY)
Hard lesson to learn Jul 27, 2010
Rachesky's move involved "breach of contract, unlawful tortious activity, violation of stock exchange rules, and violations of law, including federal securities laws.". While the lawsuit filed in New York State Supreme Court yesterday grabbed headlines, an equally important battle will be waged tomorrow in Lionsgate's British Columbia hometown where the Canadian province's securities regulator will hold a hearing on the matter. (New York Post -- Business)
Are Nvidia's Chips Going Stale? Jul 26, 2010
Nvidia sued Intel for breach of contract in March 2009. "The Nvidia decision to exit the chipset business was their business decision, and we have no comment," says Intel spokesman Chuck Mulloy. (BusinessWeek)
- Baidu hacker lawsuit can proceed in US, judge rules Jul 24, 2010
com, US District Judge Denny Chin () dismissed five of seven claims Baidu made against the firm, including breach of contract, complicity in trademark infringement and aiding trespass. He only backed two of Baidus counts against Register. (Taipei Times, Taiwan -- Sports)
DOLL WARS: Flashback to Barbie's win over MGA Jul 23, 2010
After a four-year legal dispute, a jury last year awarded Mattel $10 million for copyright infringement and $90 million for breach of contract. After the verdict, Mattel sought to block MGA from ever making the Bratz dolls, and Larson ordered the company in December to end its sales in early 2009. (USA Today -- Money)
Unions still hope for civil service pay deal Jul 23, 2010
"It was, quite simply, a breach of contract," says PSA deputy general manager Manie de Clercq. It was against that background that talks began again this year - and dragged on for months. (Business Report, South Africa)
Popeyes sues First National Bank of the Lakes over missing funds Jul 23, 2010
No criminal charges have been filed, but the South Minneapolis restaurant accused the bank of fraud, negligence and breach of contract in a lawsuit filed in Hennepin County District Court on July 1. Bank officials, through Faegre & Benson attorney D. Charles Macdonald, said they are investigating the claims and that the bank is insured for any losses. (Twin Cities Business Journal, MN)
Footballers, dictators and a way forward Jul 23, 2010
They may well be used by others, which Hyundai Asan (though annoyed) says is not in breach of contract. Although ready to brave Seoul's wrath by fence-sitting over the Cheonan, Beijing surely draws the line at its firms handling stolen property. (Asia Times Online)
Calif. Appeals Court Refuses to Toss Malpractice Claim Against Lewis Brisbois Jul 22, 2010
The retailer then filed a legal malpractice lawsuit against Lewis Brisbois, alleging negligence, breach of fiduciary duty and breach of contract. Listed as defendants on the complaint in addition to the firm are partners Gordon Calhoun and Douglas Irvine and "Does 1 through 30.". (Law.com)
Hidden pitfalls Jul 21, 2010
What has happened therefore is not a wrong; it is not a breach of contract or an offence. The reader should have made it very clear in the transaction document that the car has been sold to the dealer, the price has been paid for, and the dealer has taken possession of it. (The Star Online, Malaysia)
UTV to counter sue Comintel Jul 20, 2010
In the circumstances, UTV has been advised that neither UTV nor Tan was liable to Comintel for any of the amounts claimed under the civil suit for breach of contract or otherwise, it said. UTV claims it suffered loss of all costs and expenses which it paid to Comintel amounting to about RM20. (The Star Online, Malaysia -- Business)
Medical Device Company Sues McDermott, Alleging Missed Patent Deadlines Jul 20, 2010
Nomir's legal claims include negligence, fraud, breach of fiduciary duty, breach of contract, breach of the implied covenant of good faith and fair dealing and violations of the Massachusetts consumer protection law. The company is asking the court to award lost profits, multiple damages, plus attorney fees and costs. (Law.com)
NJ students to see 4 percent tuition increase at U. Jul 18, 2010
Yet the protestors comprised of workers from the Rutgers Council of American Association of University Professors-American Federation of Teachers, Union of Rutgers Administrators-American Federation of Teachers, and AFSCME Locals 888 and 1761, claim the freeze is a breach of contract, violating the terms of a salary deferral agreement made last year. Not honoring the agreed upon raises means that many members will struggle to survive, said Mike Holland, president of AFSCME Local 888, comprised... (The Daily Targum, NJ)
Rapid Descent Jul 17, 2010
As the financial crisis pushed scores of its customers over the edge, RapidAdvance stepped up its collection efforts, filing more than 1,300 lawsuits in Montgomery County against its clients for breach of contract. The company eventually altered some of its business practices, but not before many of its customers went bankrupt. (Washington Business Journal, DC)
Insurer Hit With Fees for Balking at Defense of Mercury-Contaminated Day Care Center Jul 17, 2010
It included claims for breach of contract, fraud and Consumer Fraud Act violations. Last Nov. 12, Simandle ruled for the Baughmans on the contract claim while dismissing the others and declared that U.S. Liability was obligated to defend and indemnify them in the three state court suits. (Law.com)
