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standing; counterclaim; breach of contract; damages; injury
Trial court did not err in granting bank's motion for summary judgment as to its counterclaim for breach of contract and as to the plaintiff's claim for breach of contract, alteration and untimely notice of dishonor.
Civil PracticeJudgments Finality Counterclaim Where a trial court entered judgment in favor of the plaintiff in a breach-of-contract case but the court failed to address the counterclaim, the judgment lacked finality, so the appeal is dismissed. Appeal is dismissed.Gordon v. Heller (MLW No. 62950/Case No. ED95375 - 4 pages) (Missouri Court of Appeals, Eastern District, Draper III, Sp. J.) Appealed from circuit court, St. Louis County, Loftin, J. (J. Richard McEachern for appellant) (Joseph L. Racine for respondent). Criminal LawChild Molestation Sufficiency Of EvidenceWhere the state in a statutory rape and molestation case conceded that the evidence was insufficient to support a charge of child molestation in the first degree, that part of the judgment is reversed.Judgment is reversed ...
Home builder filed a complaint against home buyers alleging a violation of deed restrictions and tortuous interference with business relations. Home buyers filed a counterclaim alleging breach of contract and misrepresentation. We found that the trial court should have granted home builder's motion for directed verdict on the misrepresentation claim because the home buyers did not prove a tort duty independent from the contract.
Alexion Pharmaceuticals, recently sued by the Oklahoma Medical Research Foundation in a $55.4 million patent infringement suit, has filed a counterclaim alleging breach of contract. OMRF sued in federal court over the patent for Soliris, a drug recently approved by the U.S. Food and Drug Administration to treat a rare blood disorder. The lawsuit also alleges breach of contract.
Trial court's ruling against plaintiff on claim for breach of contract and in favor of defendant on counterclaim was not against the manifest weight of the evidence. Claim for frivolous conduct may be asserted as a counterclaim rather than only by way of separately filed motion. Judgment affirmed.
State contract with food court vendor at university Student Center. Claim and counterclaim for breach of contract. Additional counterclaims for specific performance and for accounting. Judgment for university. Damages awarded in amount of $37,189.33.
ROOSEVELT -- Duchesne County is suing a former public defender to recover at least $4,000 it said it paid for services for indigent criminal defendants while the woman battled legal problems of her own earlier this year. The county's action -- which came in the form of a counterclaim filed Nov. 13 alleging breach of contract -- is a response to Karen Allen's wrongful termination and breach of contract lawsuit filed in September.
Washington University prevailed at a St. Louis County trial over an employee's claims that she was passed over for another university position because of her age. The university also received a $12,000 verdict on a breach of contract counterclaim. Judy Sawyer, 66, had worked in the engineering school's dual degree program for more than 15 years when she was let go in 2006, according to court documents. When she was fired, she was associate director of the program and was told she was being let go because the program was being downsized and her position was being eliminated, she claimed.
Trial court correctly granted summary judgment on appellant’s counterclaim for breach of contract because incorrect address shown on the counterclaim was never addressed by appellant in his brief in opposition to the summary judgment motion. Trial court did not abuse its discretion by denying appellant’s Civ.R. 60(B) motion because appellant’s various attorneys never corrected the mistake and appellant never addressed the issue of whether he had a meritorious claim.
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