jury charge breach of contract

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6.619 documents for jury charge breach of contract

- CFS Forming Structures Co. v. Flintco, Inc., (5th Cir. 2010)
...PER CURIAM:* This contract dispute arises out of a construction contract to b... CFS sued Flintco for breach of contract, and Flintco counterclaimed for breachh of contract. A jury returned a verdict for CFS and against Flintco. Fl.... At the jury charge conference before commencement of the jury trial o...
- Federal Circuits
- Twenty-Eight Words: Enforcing Corporate Fiduciary Duties Through Criminal Prosecution of Honest Services Fraud
This article examines the federal government's growing use of 18 USC § 1346 to prosecute public company executives for breaching their fiduciary duties. Section 1346 is a controversial but under-examined statute making it a felony to engage in a scheme "to deprive another of the intangible right of honest services." Although enacted by Congress over twenty years ago, the Supreme Court repeatedly declined to review the statute, until now. The questions before the Supreme Court are of particular interest to public company executives and their professional advisors. Traditionally, Delaware law has governed the content and enforcement of executives' legal duties, largely protecting public company fiduciaries from civil liability. Now, with the emergence of honest services fraud as a weapon ...

... an unqualified friend for a public contract. In the private sphere, the statute could prohibit... honest services statute increasingly to charge, convict, and sentence corporate fraudsters, inclu... who was acquitted of all charges following a jury trial in 2005. Also convicted of honest services f...
- Delaware Journal of Corporate Law
- Vol. 35 Nbr. 1, January 2010
- Air China, Ltd. v. Kopf, et al., (2nd Cir. 2012)
... the judgments entered against them on breach of contract, conversion, and unjust enrichment cauuses of action following a seventeen-day jury trial. The action was brought to recover damages a... Verdicts The District Court's charge to the jury instructed that conversion and unjust ...
- Federal Circuits

- The BP Spill and the Meaning of 'Gross Negligence or Willful Misconduct
- Louisiana Law Review
- Nbr. 71-3, April 2011
- Iris Norwood Johnston v. Companion Property, (11th Cir. 2009)
...Following a trial, the jury returned a verdict against Companion and in favor of Johnston, awarding $117,551.30 for breach of contract, plus a bad faith penalty and attorney...Discussion A. Jury charge Companion argues that it is entitled to a ne...
- Federal Circuits
- Securities fraud.
...Instruments Deemed Investment Contracts a. Investment of Money b. Common Enterprise c. Exp... constitutes a factual question for the jury. (63) . The case law contains inconsistent and con... used to purchase or sell any security in breach of a fiduciary duty. (177) In United States v. O'H..., a typical defense to a securities fraud charge begins with a denial that the defendant carried ou...
- American Criminal Law Review
- Vol. 47 Nbr. 2, March 2010
- Bohler-Uddeholm America, Inc., a Delaware Corporation; Bohler-Uddeholm Corporation, a New York Corporation v. Ellwood Group, Inc., a Pennsylvania Corporation; Ellwood Quality Steels Company, a Pennsylvania Business Trust; Ellwood Specialty Steel Company, a Pennsylvania Corporation; David E. Barensfeld, an Individual v. Bohler-Uddeholm Coporation, a New York Corporation; Uddeholm Limited, a Canadian Corporation; Ellwood Group, Inc.; Ellwood Quality Steels Co.; Ellwood Specialty Steel Co.; David Barensfeld; Bjorn E. Gabrielsson, Appellants, 247 F.3d 79 (3rd Cir. 2001)
... numerous claims against Ellwood, including breach of contract, breach of fiduciary duty, misappropri..., however, that it erred in instructing the jury that Ellwood had the burden of establishing the me... order form and the standard rate it charges all of its customers) should apply, while Uddeholm...
- Federal Circuits
- Jay v. Massachusetts Cas. Ins. Co., (Ohio 2008)
JURY INSTRUCTIONS, DIRECTED VERDICT, JNOV, BAD FAITH

... In the first phase of the trial based upon breach of contract, the trial court entered judgment on a..."I. THE TRIAL COURT ERRED IN THE JURY CHARGE BY: (A) REFUSING TO IDENTIFY JAY'S OBLIGATIONS UND...
- Ohio Supreme Court
- Snook vs. Jan V Popiel Inc, (5th Cir. 2006)
...("Popiel") entered into a construction contract in which Popiel agreed to work on Snook's residenc...At the conclusion of the trial, the jury found in favor of Popiel and awarded damages as foollows: $1731 for fraud; $8631.50 for breach of contract; and $4852.37 for quantum meruit. The jury charge set out a separate question for each type of damag...
- Federal Circuits
- Interthal v. State Farm Cslty Co, (3rd Cir. 2002)
...Interthal claimed breach of the insurance contract and bad faith on the par...The case went to trial and the jury awarded Interthal $18,000 on his breach of contrac..., in denying his requested points of charge to the jury, and in denying him access to the comp...
- Federal Circuits