material breach of a contract

• Valley Paint & Body v. Natl. Union Fire Ins. Co. of Pittsburgh, (Ohio 2011)

Insured appeals trial court's grant of summary judgment that found he violated the cooperation agreement in his insurance contract and could prove no damages for the insurance company's alleged breach. Cooperation Clause in insurance contract; material prejudice; breach of contract; damages.

• Ohio Supreme Court

• O'Brien v. Ohio State Univ., (Ohio 2007)

Finding by the Court of Claims that a basketball coach did not cause a material breach of his contract by loaning money to a professional athlete was sufficiently supported by the evidence. Damages were correctly assessed.

• Ohio Supreme Court

• Missouri Court of Appeals Southern District Case Summaries: January 27, 2012

ContractsLoan AgreementAffirmative Defenses Where a trial court granted summary judgment to the lender in a breach-of-contract case involving a loan agreement, genuine issues of material fact existed as to the affirmative defenses and counterclaims set out in the borrower's pleadings, so the judgment is reversed and remanded. Judgment is reversed and remanded.Napus Federal Credit Union v. Campbell (MLW No. 63227/Case No. SD31012 - 6 pages) (Missouri Court of Appeals, Southern District, Barney, J.) Appealed from circuit court, Reynolds County, Seay, J. Criminal LawAbuse Of A Child Invasion Of Privacy Sufficiency Of EvidenceWhere a teen victim testified that the defendant, who was her bus driver, ordered her to pull up her shirt and that he used his phone to record her breasts, the eviden...

• Missouri Lawyers Media
• February 03, 2012

• Valley Paint & Body v. Ins. Co. of Pennsylvania, (Ohio 2011)

Insureds appeal trial court's grant of summary judgment, arguing that they did not violate the cooperation agreement in their insurance contract and could prove damages for the insurance company's alleged breach. Cooperation Clause in insurance contract; material prejudice; breach of contract; damages.

• Ohio Supreme Court

• Duchesne Attorney Asks Judge to Drop Civil Suit

ROOSEVELT -- An attorney for Duchesne County has asked a 4th District judge to rule in the county's favor in a civil lawsuit filed by a former public defender. Attorney Bart Kunz has asked Judge Derek P. Pullan, in court papers filed earlier this month, to dismiss Karen Allen's breach of contract and wrongful termination claims against the county. Kunz argued that Allen's arrest for investigation of driving under the influence of prescription drugs in March 2007 constituted a material breach of her contract to provide indigent criminal defendants in Duchesne County with competent legal services.

• Deseret News (Salt Lake City)
• November 17, 2008

• Costner Consulting Co. v. U.S. Bancorp, (Ohio 2011)

Trial court erred by granting summary judgment in favor of defendant on plaintiff’s claims on account and for breach of contract. Genuine issue of material fact remained as to whether a written agreement, unsigned by the defendant, controlled the parties’ relationship, where parties’ performance deviated from terms of that agreement.

• Ohio Supreme Court

• H&F Transp., Inc. v. Satin Ride Equine Transport, Inc., (Ohio 2008)

horse trailer – contract – material breach

• Ohio Supreme Court

• Metz v. Am. Elec. Power Co., Inc., (Ohio 2007)

Former energy traders brought claims for breach of contract, unjust enrichment, quantum meruit and fraud after employer failed to pay incentives allegedly owed to them. Trial court granted summary judgment in favor of employer. Court of Appeals found that genuine issues of material fact existed with respect to breach of contract claim, but affirmed summery judgment on remaining claims.

• Ohio Supreme Court

• Metz v. Am. Elec. Power Co., Inc., (Ohio 2007)

Former energy traders brought claims for breach of contract, unjust enrichment, quantum meruit and fraud after employer failed to pay incentives allegedly owed to them. Trial court granted summary judgment in favor of employer. Court of Appeals found that genuine issues of material fact existed with respect to breach of contract claim, but affirmed summary judgment on remaining claims.

• Ohio Supreme Court

• Castillo v. Associated Pathologists, Inc., (Ohio 2006)

Trial court's grant of summary judgment affirmed; appellant failed to meet his burden of showing a genuine issue of material fact regarding his claims for breach of implied contract, promissory estoppel, negligent misrepresentation, and intentional interference with a business relationship.

• Ohio Supreme Court