counterclaim breach of contract

6889 results for counterclaim breach of contract

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  • 564 U.S. 462 (2011), 10-179, Stern v. Marshall

    ... enter final judgment on a counterclaim filed by Vickie Lynn. Marshall (whose ... state-law contract claim" against an entity that was. not ... breach-of-contract claim brought by the bankruptcy ...

  • When Relators Steal Corporate Documents: Northern District Of Illinois Dismisses Counterclaim For Breach Of Contract
  • 283 U.S. 494 (1931), 362, Gasoline Products Co., Inc. v. Champlin Refining Co.

    ...Petitioner sued for royalties under a contract licensing the use of a patented process of cture. Respondent counterclaimed for damages alleged to have resulted from failure ... . the date of formation and breach, as well as the scope, of the contract therein ...

  • 549 U.S. 118 (2007), 05-608, Medimmune, Inc. v. Genentech, Inc.

    ... petitioner has raised and preserved the contract claim that, because of patent invalidity, ... . licensee to terminate or be in breach of its license agreement before it can seek a ...The licensees filed a counterclaim for declaratory judgment that the underlying ...

  • 822 F.3d 524 (10th Cir. 2016), 15-3108, Sprint Nextel Corp. v. Middle Man, Inc.

    This appeal grew out of a conflict between the business models of Sprint Nextel Corporation and The Middle Man, Inc. Middle Man bought mobile telephones, including Sprint’s, and tries to resell them at a profit. Sprint brought a breach of contract lawsuit against Middle Man, and Middle Man counterclaimed seeking a declaration that its business model did not violate the contract that accompanied...

    ... THE MIDDLE MAN, INC., Defendant Counterclaimant-Appellant, . and . BRIAN K. VASQUEZ, ... present action for breach of contract. 1 Middle Man. counterclaimed, ...

  • United States v. Nebraska Beef, Ltd., 082718 FED8, 17-1344

    The Eighth Circuit affirmed the district court's grant of summary judgment to the government in an action to enforce a settlement agreement. The court held that OSC's press release stating that its investigation found that Nebraska Beef had engaged in illegal employment practices did not constitute a material breach of the settlement agreement. Therefore, because the government did not fail to...

    ... breaching the agreement. The letter stated that the DOJ. ... this breach-of-contract suit to compel compliance with the. ent agreement. Nebraska Beef counterclaimed for breach. of contract and sought ...

  • 796 F.3d 822 (7th Cir. 2015), 14-3075, Firestone Fin. Corp. v. Meyer

    JHM rents commercial laundry machines to Chicago-area apartment buildings. Firestone made four loans to JHM, totaling $254,114.99. JHM defaulted on each. Firestone sued. JHM filed an answer, asserting a counterclaim of promissory estoppel, alleging that after Firestone’s first two loans to JHM, Firestone vice president McAllister had represented that his company “wanted to expand [its]...

    ... of breach, asserting a counterclaim of promissory ... companies, alleging claims for breach of contract, breach of. guaranty, replevin, and ...

  • 786 F.3d 582 (7th Cir. 2015), 14-2692, Burford v. Accounting Practice Sales, Inc.

    Burford agreed to facilitate the purchase and sale of accounting practices for APS. The parties initially signed a contract assigning Louisiana to Burford. They later orally agreed that Burford should also cover Alabama, Mississippi, Tennessee, and Kentucky. APS terminated the contract. Burford sued for breach of contract; APS filed a counterclaim under the Lanham Act, 15 U.S.C. 1051, claiming...

    ... The parties initially signed one written contract assigning Louisiana to Burford. They later ... Illinois state court claiming that APS breached the terms of the contract. He also sought to ... to dismiss, APS filed a four-count counterclaim. Relevant here is the count of the counterclaim ...

  • 886 F.3d 652 (7th Cir. 2018), 16-3838, Baek v. Clausen

    Baek purchased property through his LLC and obtained financing from Labe Bank; Frank was the loan officer. Frank later moved to NCB and asked Baek to move his business, representing that NCB would provide a larger construction loan at a lower rate. In 2006, Baek entered a construction loan with NCB for $11,750,000. Baek executed a loan agreement, mortgage, promissory note, and commercial guaranty.

    ... fraud and breach of contract action (" Parallel. Action" ), ... affirmative defenses and a counterclaim. . .          On. ...

  • 4 F.3d 1153 (3rd Cir. 1993), 92-5476, Lightning Lube, Inc. v. Witco Corp.

    ... B. BREACH OF CONTRACT ... 8. Counterclaim 1196. ...

  • __ U.S. __ (2015), 13-935, Wellness International Network, Ltd. v. Sharif

    Sharif tried to discharge a debt to Wellness in his Chapter 7 bankruptcy. Wellness argued that a trust Sharif claimed to administer was actually Sharif’s alter ego, and that its assets were part of his bankruptcy estate. The Bankruptcy Court entered default judgment against Sharif. While appeal was pending, but before briefing concluded, the Supreme Court held (Stern v. Marshall) that Article III

    ... and respondent Sharif entered into a contract under which Sharif would distribute Wellness' ... allowing itself to hear state-law counterclaims as well. William Schor filed a complaint with the ... on a creditor's state law claim for breach of contract. Because that claim arose not from ...

  • 226 F.3d 1138 (10th Cir. 2000), 99-1147, Atlantic Richfield Co v Farm Cred Bnk Wichita

    ...") countered by filing a variety of counterclaims against ARCO. The district court issued a series ...        In addition to the lease contracts, the question also arose as to whether ARCO's ... filed counterclaims alleging that ARCO breached the lease agreements by underestimating the fair ...

  • 494 F.3d 458 (4th Cir. 2007), 06-1009, Goodman v. Praxair, Inc.

    ... Marc Goodman's amended complaint for breach of contract against Praxair, Inc., and its ...The defendant counterclaimed on the basis that the contract had been procured ...

  • 815 F.3d 315 (7th Cir. 2016), 15-2406, United Central Bank v. Davenport Estate LLC

    In 2008, Mutual Bank (UCB’s predecessor) made loans to the investors to purchase three properties and agreed to loan the investors $700,000 for repairs and renovations. The $700,000 was placed in escrow, but the parties did not enter into a written escrow agreement. Once the investors exhausted other resources on repairs, they requested the $700,000, but never received the money. In 2009, the...

    ...In 2010, the investors brought a breach of contract claim, and UCB moved to dismiss under ...The investors brought several counterclaims. Their second amended counterclaim, filed in ...

  • 817 F.3d 901 (5th Cir. 2016), 15-10087, Luig v. North Bay Enterprises, Inc.

    This appeal stems from a dispute over whether plaintiff breached the contract between the parties by failing to deliver a helicopter that met the specifications of the purchase agreement. The district court sua sponte granted summary judgment for plaintiff and dismissed North Bay's counterclaim for breach of contract. The district court then denied North Bay's motion to alter or amend its...

    ... Bay Enterprises entered into a contract to purchase a. helicopter from Perry J. ...The parties dispute whether. Luig breached the contract by failing to deliver a helicopter. ... contract counterclaim with prejudice. The district court then. ...

  • 30 Tex. Admin. Code § 11.104 - Filing Notice of Claim for Breach of Contract; Counterclaim
  • 869 F.3d 662 (8th Cir. 2017), 16-2412, LNV Corp. v. Outsource Services Management, LLC

    The Eighth Circuit affirmed the district court's grant of summary judgment in an action filed by LNV against OSM to recover its share of sales proceeds from a promissory note. The court held that the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), 12 U.S.C. 1821, barred the district court from exercising jurisdiction over OSM's counterclaim; post-receivership claims

    ... OSM counterclaimed alleging that LNV owed OSM millions of. ... LNV's prior breach of contract excused OSM's alleged. breach. ...

  • 43 F.3d 587 (11th Cir. 1995), 91-3924, Resolution Trust Corp. v. Dunmar Corp.

    ...and Michael D. Jones, Defendants-Counterclaim Plaintiffs, . The First F.A., ... claims whether cloaked in terms of contract or tort, as long as those claims arise out of an ... (negligent misrepresentation, deceit, and breach of fiduciary duty) arose out of negotiations ...

  • 677 F.2d 1045 (5th Cir. 1982), 81-3162, Kaiser Aluminum & Chemical Sales, Inc. v. Avondale Shipyards, Inc.

    ...") initiated this action in 1979 for simple breach of contract against Avondale Shipyards, Inc. ...Avondale also filed a counterclaim seeking, inter alia, damages and equitable relief ...

  • 458 U.S. 50 (1982), 81-150, Northern Pipeline Constr. Co. v. Marathon Pipe Line Co.

    ...(Marathon) seeking damages for an alleged breach of contract and warranty, as well as for ... that the referee could adjudicate counterclaims against a creditor who files his claim against ...

  • 446 U.S. 1 (1980), 79-105, Curtiss-Wright Corp. v. General Elec. Co.

    ... with regard to a certain series of contracts between the parties. Various claims were ...Respondent filed counterclaims. The facts as to most of the claims and ... . misrepresentation, and breach of contract by General Electric. It also sought ...

  • 819 F.3d 417 (8th Cir. 2016), 15-1313, American Home Assurance Co. v. Greater Omaha Packing Co.

    Cargill and American Home filed suit against Greater Omaha, alleging breach of contract and warranties based on allegations that Greater Omaha sold raw beef trim tainted with E.coli O157:H7. Greater Omaha counterclaimed for tortious interference with business relationships and expectancies. The district court granted summary judgment in favor of Cargill on Greater Omaha’s counterclaim. A jury...

    ...(Greater Omaha), alleging breach of contract. and warranties. 1 Cargill ...Greater Omaha counterclaimed. for tortious interference with business ...

  • 766 F.3d 797 (8th Cir. 2014), 13-2919, G&K Servs. Co., Inc. v. Bill's Super Foods, Inc.

    G&K filed suit against Bill's for breach of contract and sought liquidated damages. Bill's counterclaimed, asserting common-law clams and a violation of the Arkansas Deceptive Trade Practices Act, Ark. Code 4-88-113. A jury found in favor of G&K on the common-law counterclaims but returned a verdict for Bill's on its deceptive trade practices counterclaim, awarding Bill's damages. The district...

    ... G& K Services sued Bill's Super Foods for breach of contract and sought liquidated damages. Bill's Super Foods counterclaimed, asserting common-law claims and a violation of ...

  • 508 F.3d 327 (6th Cir. 2007), 06-3767, Commercial Money Center, Inc. v. Illinois Union Ins. Co.

    ... was left to sort out the claims and counterclaims of nearly twenty banking institutions and a ...'s policy was "in substance" a surety contract; (2) that Chase, as trustee for Citibank, was the ... "insurer" and the assertion of a claim for breach of the implied duty of good faith and fair ...

  • 203 F.3d 1202 (10th Cir. 2000), 98-3223, Koch v. Koch Industries Inc.

    ... Rule 10b-5, and state claims for breach of fiduciary duty, breach of warranty, and fraud. ... legal theories: (1) breach of contractual warranty; (2) breach of fiduciary duty; (3) ... and real property, William counterclaimed, alleging he was excused from performance due to ...