ohio elements of breach of contract

3562 results for ohio elements of breach of contract

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  • 434 F.2d 1234 (2nd Cir. 1970), 408, Abrams v. Carrier Corp.

    ...Fisher, Toledo, Ohio (Blitman & King, Syracuse, N.Y., and Mulholland, ... sixty (60) days before the end of such contract period.' No such notice was ever give by either ...          (1) Breach of the bargaining agreement under 301; (2) ... allegation does not supply the essential elements to charge Carrier with conduct amounting to a ...

  • 591 F.2d 352 (6th Cir. 1978), 76-1941, Drayton v. Jiffee Chemical Corp.

    ..., Jones, Day, Reavis & Pogue, Cleveland, Ohio, for Jiffee Chemical Corp. . ... under Ohio law on theories of negligence, breach of express and implied warranties, and strict ... though there is no direct privity of contract between him and the manufacturer. 8 147 N.E.2d ... of injury clearly appears and certain elements of damages are capable of no precise calculation. ...

  • 263 F.3d 447 (5th Cir. 2001), 00-30652, Logan v Burgers Ozark Country Cured Hams Inc.

    ...The contract did not specifically state that HoneyBaked was ... infringement claim, adding claims for breach of contract, or in the alternative, rescission ... specifically for Honey Baked Ham Company of Ohio, he faxed it to his co-workers at HoneyBaked ...Whether Logan Proved the Elements Necessary to Establish a Lanham Act Violation for ...

  • 893 F.2d 541 (3rd Cir. 1990), 88-5732, Cipollone v. Liggett Group, Inc.

    ... Cipollone's Injury Was Caused By Liggett's Breach of. Express Warranty? ..." that her smoking would cause her to contract lung cancer. In addition, Mrs. Cipollone . . ...elements necessary to establish fraudulent ... Relief for Advertising Representations, 47 Ohio St.L.J. 671 (1986). 28 For example, imagine a ...

  • 552 F.3d 1324 (Fed. Cir. 2008), 2007-1553, Avocent Huntsville Corp. v. Aten Intern. Co., Ltd.

    ... of these products through a government contractor located in Alabama.          Aten ... letters to Akro's corporate residence in Ohio. This court concluded that " all Luker's warning ... also remarked that if on remand the elements of antitrust violation were established, the ... patentee defendant's motion to dismiss a breach of contract claim for lack of personal ...

  • 633 F.2d 34 (7th Cir. 1980), 79-1946, Royal Business Machines, Inc. v. Lorraine Corp.

    ... Royal in the Indiana courts claiming breach of warranties and fraud. On September 1, 1976, ... warranty is made up of the following elements: (a) an affirmation of fact or promise, (b) that ...See Regal Motor Products v. Bender, 102 Ohio App. 447, 139 N.E.2d 463, 465 (1956) ... without objection in the trade under the contract description, be of fair average quality, and be ...

  • 52 F.3d 1425 (7th Cir. 1994), 93-1459, Dausch v. Rykse

    ... for professional negligence (Count I), breach of fiduciary duty (Count III), negligent ... a deviation from the terms of the contract of his employment with the church and was ...at 83, 614 N.E.2d at 217. "The elements of a malpractice action are the same elements ...Faber, 57 Ohio St.3d 56, 565 N.E.2d 584 (1991); Strock v. ...

  • 605 F.2d 1 (1st Cir. 1979), 78-1492, Engine Specialties, Inc. v. Bombardier Ltd.

    ...) for tortious interference with ESI's contractual relationship with Agrati-Garelli (Agrati) and for ... lines of credit and that this was a breach of contract. No mention was made of the twenty ... the per se rule which is found to have elements inherently offensive to the antitrust laws. Nor ...at 353, 87 S.Ct. 847; Ohio-Sealy Mattress Mfg. Co. v. Sealy, Inc., 585 F.2d ...

  • 879 F.2d 1326 (6th Cir. 1989), 86-2074, Smolarek v. Chrysler Corp.

    ... to file a workers' compensation claim, breach of implied duty of good faith and fair dealing, ... that all claims raising issues of labor contract interpretation be decided according to the ...Neither of the elements requires a court to interpret any term of a ...McCall v. Chesapeake & Ohio Railway Co., 844 F.2d 294 (6th Cir.), cert. ...

  • 243 F.3d 255 (6th Cir. 2001), 99-4218, Hardyman v Norfolk & Western Railway Co.

    ... District Court for the Southern District of Ohio at Columbus. No. 97-01103--James L. Graham, ... "must prove the traditional common law elements of negligence: duty, breach, foreseeability, and ... experience has caused his patients to contract CTS and epicondylitis, thus, diagnostically what ...

  • 550 U.S. 544 (2007), 05-1126, Bell Atlantic Corp. v. Twombly

    ... Sherman Act, which prohibits "[e]very contract, combination in the form of trust or otherwise, ... recitation of a cause of action's elements will not do. Factual allegations must be enough ... a diversity action the plaintiff alleged breach of contract, but the District Court dismissed the ... Governor and other officials of the State of Ohio, argued that the petitioners' claims were barred ...

  • __ U.S. __ (2015), 13-7120, Johnson v. United States

    After Johnson pleaded guilty to being a felon in possession of a firearm, 18 U.S.C. 922(g), the prosecution sought an enhanced sentence under the Armed Career Criminal Act, which imposes an increased prison term upon a defendant with three prior convictions for a “violent felony,” a term defined by section 924(e)(2)(B)’s residual clause to include any felony that “involves conduct that presents a

    ... than to real-world facts or statutory elements, the clause leaves grave uncertainty about how to ... (1886), [192 L.Ed.2d 592] liquor sales, Ohio ex rel. Lloyd v. Dollison , 194 U.S. 445, ... law requiring state employees and contractors to be paid " 'not less than the current rate of ...), a sugar dealer raised a defense to a breach-of-contract suit that the contracts themselves ...

  • 329 F.3d 480 (6th Cir. 2003), 01-4077, U.S. v. Daniel

    ... District Court for the Northern District of Ohio at Cleveland. No. 01-00089—Patricia A. Gaughan, ... of fact could have found the essential elements of the crime beyond a reasonable doubt.'" United ... he is being punished, essentially, for a breach of contract. We agree that the intent must be to ...

  • 537 F.3d 565 (6th Cir. 2008), 07-1657, Winget v. JP Morgan Chase Bank, N.A.

    ...Winget brought its present claims of breach of the guaranty and pledge agreements and ...PNC Bank, Ohio, N.A., 214 F.3d 776, 784 (6th Cir.2000)) ... Winget cites for this proposition are contract cases that involve the interpretation of ... district court correctly outlined the elements of res judicata. We have held that,. [A] ...

  • 940 F.2d 503 (9th Cir. 1991), 90-15693, Felton v. Unisource Corp.

    ... an Ohio corporation, Defendants-Appellees. . No. ... medical insurance benefits after he contracted lung cancer.         On November 18, ... . Unisource in state court alleging breach of employment contract, wrongful termination ... alleged by the Feltons constitute the elements of an ERISA Sec. 510 claim of retaliatory ...

  • 73 F.2d 531 (6th Cir. 1934), 6330, A.O. Smith Corp. v. Petroleum Iron Works Co. of Ohio

    ... loss of his secret through inadvertence or breach of confidence, but likewise through independent ...The cases which deal with the elements necessarily present in a proprietary process are ... department, and who was under express contract not to divulge any information received by him ...

  • 850 F.2d 1217 (7th Cir. 1988), 87-1594, Feldman v. Allegheny Intern., Inc.

    ... sold to another buyer and Feldman sued for breach of contract of sale. He also named as defendants ...See Baltimore & Ohio Southwestern R.R. v. People ex rel. Allen, 195 ...The elements for tortious interference with prospective ...

  • 191 F.3d 229 (2nd Cir. 1999), 98-7944, Laborers Health Fund v Philip Morris, Inc.

    ... liability), VIII (negligence), and IX (breach of express and implied warranties). See generally ...Contractors, Inc. v. Carpenters, 459 U.S. 519, 532-33 (1983) ..., it has been one of its central elements." 503 U.S. at 269 (citing AGC, 459 U.S. at 540). ...v. Chesapeake & Ohio Ry. Co., 115 F.2d 277, 282-83 (4th Cir. 1940) ...

  • 842 F.2d 1335 (2nd Cir. 1988), 1189, United States Football League v. National Football League

    ... teams and network and cable television contracts with the American Broadcasting Company ("ABC") ...It was founded in 1920 in a Canton, Ohio Hupmobile showroom under the name American ...: (i) ABC's warning that such a move would breach its contract for the spring of 1985 and 1986; ... must prove all of the following elements by a preponderance of the evidence:. ...

  • 211 F.3d 988 (6th Cir. 2000), 98-6010, US v. Wells

    ... Dillion's claim that the government breached his plea agreement, we VACATE his sentence and ...         "Plea agreements are contractual in nature. In interpreting and enforcing them, we ... of fact could have found the essential elements of the crime beyond a reasonable doubt." Jackson ... District Judge for the Northern District of Ohio, sitting by designation. 1 The record before us ...

  • 367 U.S. 740 (1961), 4, International Association of Machinists v. Street

    ... in its bare authorization of union shop contracts requiring workers to give "financial support" to ...]he Board is convinced that the essential elements of the union shop, as defined in the employees' ... to fix upon the injunctive remedy for breaches of duty owing under the labor laws unless that ..., Tennessee, Louisiana, Illinois, Virginia, Ohio, Indiana, Missouri, Mississippi, Kentucky and the ...

  • 137 U.S. 370 (1890), Hamilton v. Home Ins. Co.

    ... United States for the southern district of Ohio. .          [11 S.Ct. 134] This was an ... are hereby declared to be a part of this contract, and are to be used and resorted to in order to ... different in important and controlling elements. .         In that case, the effect of ... is collateral and independent; and that a breach of this agreement, while it will support a ...

  • 99 F.3d 587 (4th Cir. 1996), 95-1717, Atlas Food Systems and Services, Inc. v. Crane Nat. Vendors, Inc.

    ...In its complaint, Atlas alleged breach of contract, breach of express and implied ...But other policy-related elements--e.g., the likelihood that an award will deter ...See Gallick v. Baltimore & Ohio R.R. Co., 372 U.S. 108, 119, 83 S.Ct. 659, 666, 9 ...

  • 386 F.3d 763 (6th Cir. 2004), 03-5517, AmSouth Bank v. Dale

    ... 449 (1993), in the course of finding that an Ohio insurer-liquidation statute providing for a ... the performance of an insurance contract," the standard announced in Fabe, 508 U.S. at ... the action it had before it--"a common law breach of contract action which merely happens to ...          Gonzalez v. Media Elements, Inc., 946 F.2d 157, 157 (1st Cir. 1991), ...

  • 184 U.S. 497 (1902), 59, Tullock v. Mulvane

    ... for attorney's fees as one of the elements of damage under the injunction bond presented a ... to compel the specific performance of a contract alleged to have been entered into between the ... be assessed by a court of equity as for a breach of the contract, if the court was of opinion that ...154; Noble v. Arnold, 23 Ohio St. 270; Morris v. Price, 2 Blackf. 457; Derby ...