cause of action breach of contract

• Missouri Court of Appeals Southern District Case Summaries: March 16, 2012

MISSOURI COURT OF APPEALS, SOUTHERN DISTRICT ContractsBreach Of Contract Student LoanExclusion Of EvidenceWhere an educational loan company claimed that a trial court erred in a breach of contract case by sustaining objections to testimony about the company's business relationship with a bank in connection with a student loan, the issue of assignment was not particularly pleaded, the petition was sufficient to state a cause of action for breach of contract, and the company should have been given an opportunity at trial, by introducing evidence relating to the assignment, to prove its ownership interest in the promissory note at issue.Judgment is reversed and remanded. Educap, Inc. v. Smith (MLW No. 63420/Case No. SD31102 - 10 pages) (Missouri Court of Appeals, Southern District, per cur...

• Missouri Lawyers Media
• March 23, 2012

• Responding to a Claim

An increasingly large percentage of UK companies will at some stage in their lifetime be served with a Claim Form relating to a cause of action -- breach of contract, debt recovery or the like. How a company immediately reacts and the steps it takes at an early stage can often be critical to whether it survives the 'litigation machine' in one piece. Here are some practical steps to take: 1. You need to check immediately if your company has an insurance policy which covers legal disputes. 2. In instances where a company has no legal expertise of its own and the dispute is complex, most will seek to instruct solicitors. 3. Disclosure of documents relevant to the case held by both parties will at some stage be required. 4. It is important that documents detrimental to your case are not cre...

• Credit Management
• Nbr. 2/2008, February 2008

• Painting Co. v. Ohio State Univ., (Ohio 2009)

The trial court did not err in granting summary judgment o defendant on plaintiff's claim where (1) plaintiff submitted a claim on August 23, 2005 to the State Architect for breach of contract, (2) plaintiff's cause of action for breach of contract accrued 120 days later pursuant to R.C. 153.16(B), but (3) plaintiff did not file a complaint in the Court of Claims until July 29, 2008.

• Ohio Supreme Court

• Cassner v. Bank One Trust Co. N.A., (Ohio 2004)

A cause of action for breach of contract does not lie against a trustee alleged to have fallen below the standard of care in discharging its duties as a trustee. When a beneficiary seeks damages to redress economic loss occasioned by a trustee's tortious breach of its duties while actig as trustee, and such action is instituted after the termination of the trust, the four-year statute of limitations found in R.C. 2305.09 applies, and the cause of action accrues at the termination of the trust. A Civ.R. 56(F) motion for continuance is properly denied when it is not suported by an affidavit stating adequate factual reasons why the party cannot present by affidavit sufficient facts to oppose the motion for summary judgment, as well as an explanation of how further discovery would aid the...

• Ohio Supreme Court

• Jacobsen v. Katzer, (2008)

... Jacobsen brought an action for copyright infringement and moved for a prelimi... of the license may have constituted a breach of the nonexclusive license, but does not create l... District Court found that Jacobsen had a cause of action only for breach of contract, rather than...

• United States Court of Appeals for the Federal Circuit

• Summers v. Max & Erma's Restaurant, Inc., (Ohio 2008)

CIVIL - motion to dismiss, adulterated food; negligence; statute of limitations, R.C. 2305.07; liability created by statue; R.C. 2305.10; actions based on bodily injury; breach of contract; underlying nature of the cause of action

• Ohio Supreme Court

• Tracy Brown v. DFS Services, L.L.C., et al, (5th Cir. 2011)

... Tracy Brian Brown1 (“Brown”) alleged causes of action against Defendants-Appellees DFS Service... Financial Corporation (“LCFC”) for breach of contract, negligence, civil conspiracy and viol...

• Federal Circuits

• Moxley v. Trotwood-Madison City School Dist. Bd. of Edn., (Ohio 2003)

School board treasurer whose employment contract was terminated by the board for cause waived his right to complain of a due process violation when he voluntarily dismissed his R.C. 2506.01 appeal of the board’s decision; R.C. 3313.22, which permits school boards to terminate a treasurer’s employment contract for cause, confers no private right of action on terminated treasurers for a board’s alleged violation of the statute in its finding of cause and subsequent termination; treasurer has a private right of action for breach of his employment contract containing a “cause” provision, and on this record a genuine issue of material fact remains for determination concerning whether the board had cause to terminate Appellant. Summary Judgment Reversed, in part and Remanded

• Ohio Supreme Court

• New York State class actions: make it work - fulfill the promise.

... of civil rights, execution of adhesion contracts, and many other collective activities reaching vir... typically only involve the viability of a cause of action. (22) . B. More Active Role Taken . Rece... may assert causes of action alleging breach of contract, (27) fraud, (28) negligent misreprese...

• Albany Law Review
• Vol. 74 Nbr. 2, January 2011

• Stockdale v. Baba, (Ohio 2003)

Plaintiffs may maintain a cause of action for intentional infliction of emotional distress based upon the breach of a contract by defendant. Serious emotional distrubance may be inferred by the very nature of the contract and the nature of the defendant's breach where the contract itself was entered into for the purpose of avoiding any futher emotional distrubance to the plaintiffs. Punitive damages may be recovered in an action for breach of contract where plaintiffs present evidence of extraordinary circumstances and where the breach of the contract consitutes a connected, but independent tort invoving malice. Evidence of prior misdemeanor charges against a defendant may be admissible, pursuant to Evid.R. 404(B), in a later action against defendant involving similar conduct. Loc.R...

• Ohio Supreme Court