ohio elements of breach of contract

3562 results for ohio elements of breach of contract

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  • 854 F.3d 797 (5th Cir. 2017), 15-11019, Jacked Up, LLC v. Sara Lee Corp.

    Jacked Up and Sara Lee signed a licensing agreement whereby Sara Lee would produce and sell energy drinks developed by Jacked Up. Sara Lee sold its beverage division to the J.M. Smucker Company and Smucker decided not to assume Sara Lee's licensing agreement. After Sara Lee formally terminated the agreement, Jacked Up filed suit against Sara Lee, alleging breach of contract, breach of fiduciary...

    ... Up brought suit against Sara Lee, alleging breach of. contract, breach of fiduciary duty, ... Smucker is an Ohio corporation with its principal place of. ... but Sara Lee contests the other three elements of Jacked. Up's breach of contract claim. 8 ...

  • 575 F.3d 1040 (9th Cir. 2009), 07-35487, Gordon v. Virtumundo, Inc.

    ..." and purported to consummate a " binding contract" by which the sender agreed to either cease and ... A plaintiff must typically prove five elements to establish a CPA violation: (1) an unfair or ...the probable result of the breach of [the contract]" ); Dan B. Dobbs, The Law of ...1015, 1018 n. 1 (S.D.Ohio 1997)). A waitress recites menu items, which, to ...

  • 726 F.2d 1150 (7th Cir. 1984), 81-2671, Marrese v. American Academy of Orthopaedic Surgeons

    ... the plaintiffs had filled out were contracts that the Academy had broken by distributing a ... no reference to the facts underlying the breach of contract claim; and because they filed their ... establish jury issues on the essential elements of its case not the subject of the contested ...See also Gasbarra v. Park-Ohio Industries, 655 F.2d 119, 121 (7th Cir.1981) ...

  • 758 F.2d 203 (7th Cir. 1985), 84-1558, Carl Sandburg Village Condominium Ass'n No. 1 v. First Condominium Development Co.

    ... units subject to two-year management contracts with an unaffiliated company constitutes an ... and maintain the property's common elements. On July 13, 1979, the Condominium Associations, ... Antitrust Act by virtue of the tie-in, for breach of fiduciary duty in failing to disclose defects ...Ohio-Sealy Mattress Manufacturing Co. v. Sealy, Inc., ...

  • 277 F.3d 415 (3rd Cir. 2002), 01-1118, City of Philadelphia v Beretta United States Corp.

    ..., C-990814, C-990815, 2000 WL 1133078, at *6 (Ohio Ct. App. Aug. 11, 2000) (affirming dismissal of ... of and in addition to other traditional elements of proximate cause." Laborers Local 17 Health & ...See Assoc. Gen. Contractors of California, Inc. v. California State Council ... negligence claim include: a legal duty, a breach of that duty, a causal relationship between the ...

  • 124 U.S. 405 (1888), Union Ins. Co. v. Smith

    ... court of common pleas of Cuyahoga county, Ohio, and removed by the defendant into the circuit ... some natural perils and operation of the elements whcih occurred without the intervention of human ..., would not of itself constitute such a breach of the policy as would deprive the plaintiff of ... or diligence; but does not affect the contract of insurance as to any other risk or loss covered ...

  • 805 F.2d 663 (7th Cir. 1986), 85-2020, Baltimore Orioles, Inc. v. Major League Baseball Players Ass'n

    ... companies with which the Clubs had contracted, asserting that the telecasts were being made ... many elements of creativity. Among other things, Zapruder ...408, 443-44 (S.D.Ohio 1980) (right is equivalent if it creates or ...That list originally consisted of breaches of trust, invasion of privacy, and deceptive ...

  • 296 F.3d 200 (3rd Cir. 2002), 00-2713, Island Insteel Systems, Inc. v. Waters

    ... whether the plaintiffs satisfy the elements of this equitable tolling doctrine. ... more than $500,000 worth of building contracts in St. Thomas and elsewhere. Plaintiffs were ... to suits under § 301 of the LMRA for breach of a collective bargaining agreement); see also ... fact, respondent appeared specially in the Ohio court to file a motion for dismissal on grounds ...

  • 314 F.2d 886 (4th Cir. 1963), 8649, Parks v. International Broth. of Elec. Workers

    ... demands made by it in the course of contract negotiations with the Maryland Chapter of the ... action was invalid because: (1) it was in breach of a duty owed to the Local and its members, and ...819, 835-836 (1960). 39 The elements of such a 'fair hearing' often resemble ... in Democratic Self-Discipline,' 22 Ohio St.L.Rev. 64 (1961); Oberer, 'Voluntary Impartial ...

  • 530 U.S. 211 (2000), 98-1949, Pegram v. Herdrich

    ... services to participants whose employers contract with Carle for coverage. Respondent Herdrich was ... care entailed an inherent or anticipatory breach of an ERISA fiduciary duty, since the terms ..., their agreement may, as here, provide elements of a plan by setting out the rules under which ...Montgomery of Ohio, W. A. Drew Edmondson of Oklahoma, Mike Fisher ...

  • 85 F.3d 1502 (11th Cir. 1996), 94-3308, Diaz v. Sheppard

    ... legal malpractice, (2) negligence, and (3) breach of contract. Diaz claims that in agreeing to the ...at 3234. See also Moore v. Chesapeake & Ohio Ry. Co., 291 U.S. 205, 212-15, 54 S.Ct. 402, ... . though elements of state law claim included alleged knowledge of, ...

  • 446 F.3d 614 (6th Cir. 2006), 04-1817, Johnson v. City of Detroit

    ... LBPPPA, and Count IV asserts a claim for breach of the annual contributions contract (" ACC") ... allegations respecting all the material elements to sustain a recovery under some viable legal ...Portage County, Ohio, 281 F.3d 602, 603 (6th Cir. 2001) (applying ...

  • 861 F.2d 897 (6th Cir. 1988), 85-5865, Musto v. American General Corp.

    ... Life employee had been given a vested contractual right to veto any change in his medical ...1005 (N.D.Ohio 1984), accepted the plaintiffs' argument. Musto, ... seems to have believed that there was a breach of fiduciary responsibility: "The unilateral ..."ERISA's concern is with the elements of a plan and its administration after it has ...

  • 134 F. 1 (8th Cir. 1904), 2,046, Williams v. Neely

    ...Neely, who made the contract of sale and the deed to the complainants. Each ... applied where one brings an action for a breach of a contract, and the defendant can show that ...44, 78 N.W. 482; Fuller v. Steiglitz, 27 Ohio St. 355, 22 Am.Rep. 312; Frick v. White, 57 ...465. The indispensable elements of an estoppel are ignorance of the party who ...

  • 231 F.3d 890 (4th Cir. 2000), 99-4142, United States v. Colton

    ... institution only if those failures breach some independent legal disclosure duty. Because ...In March 1991, the partners contracted to sell the property to WalMart for $10 million ..." and "damages" are not necessary elements of an offense under the federal fraud statutes); ...Ohio, 432 U.S. 161, 165 (1977). Building on this ...

  • 185 F.3d 606 (6th Cir. 1999), 96-2529, Am. Council Podiatric Phys. v Am. Bd. Podiatric Surg.

    ...Cir. 1990). The third and fifth elements -- deception and injury -- are both components of ... 1 of the Sherman Act states: "Every contract, combination in the form of trust or otherwise, ... by improperly inducing or causing a breach or termination of the relationship or expectancy; ...1993) (under Ohio law, determination of whether a contractual term ...

  • 114 F. 77 (8th Cir. 1902), 1,585, Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.

    ...          A contract for the future delivery of personal property is ... promisee may maintain an action for its breach, or it is without legal effect and void. A ..., because they lack one of the essential elements of an agreement,-- certainty in the thing to be ...35, 51 Am.Rep. 1; Turnpike Co. v. Coy, 13 Ohio St. 84; Stensgaard v. Smith, 43 Minn. 11, 44 N.W. ...

  • 708 F.2d 1081 (7th Cir. 1983), 80-2171, MCI Communications Corp. v. American Tel. and Tel. Co.

    ... to Western Union, under a longstanding contract between those two carriers. AT & T disagreed, ...2 of the Sherman Act has two elements: (1) the possession of monopoly power in the ...p 63,313 (N.D.Ohio 1980), the Northern District of Ohio considered a ... not prove that antitrust laws also were breached. If the jury has been adequately instructed how ...

  • 859 F.2d 1179 (4th Cir. 1988), 87-1116, Brandenburg v. Seidel

    ... . breach of fiduciary duty, conspiracy, negligence, gross ... Maryland for conversion and breach of contract arising out of its failure "through its ..., of the pattern and causation elements of the civil RICO claim.         A. ...Baltimore & Ohio RR, 847 F.2d 1100 (4th Cir.1988); Eastern ...

  • 695 F.2d 207 (6th Cir. 1982), 80-3320, In re Beverly Hills Fire Litigation

    ..., Schneider, Bayless & Chesley, Cincinnati, Ohio (Philip Taliaferro, III, Larry C. West, J. ... to recover damages, whether based upon contract or sounding in tort, resulting from or arising ... privity as a requirement of an action for breach of implied warranty . . or for negligence ...He determined that three elements must be satisfied in order to prevail on this ...

  • 936 F.2d 870 (6th Cir. 1991), 90-3400, Christopher v. Stouder Memorial Hosp.

    ..., Lieberman, Hoffman & Swaim, Dayton, Ohio", for plaintiff-appellee, cross-appellant.    \xC2"... VII does not apply to "independent contractors." In this argument, Stouder asserts that ... As the trial court correctly noted, the elements of a prima facie case of retaliation are as ... with the exactitude of lost profits in a breach of contract case, neither can such an award be ...

  • 880 F.2d 709 (4th Cir. 1989), 88-1755, In re A.H. Robins Co.

    ...Szaller, Cleveland, Ohio, Brown & Szaller, Co., LPA, on brief), for ... each plaintiff also proves that Robins' breach of duty proximately caused her particular ... difficulties overlapping each of the elements of Rule 23(a) preclude certification in this ... by them as their "Limited Fund Contract Claim." This claim related to Aetna's liability ...

  • Unbundled bargains: multi-agreement dealmaking in complex mergers and acquisitions.

    ... bargains." In an unbundled bargain, elements of a complex deal are broken out and memorialized ... bargain has significant implications for contract theory and transactional practice. . INTRODUCTION ... Due to Confidentiality AGREEMENT Breaches 4 (May 13, 2012), ... and the Myth of Precontractual Reliance, 68 OHIO ST. L.J. 71 (2007) (discussing at what point in ...

  • 767 F.2d 1185 (7th Cir. 1985), 84-1631, Michaels v. Michaels

    ...'s complaint also charged his uncles with a breach of a fiduciary duty and the Company with a breach of the warranty provision of the contract for the sale of stock. The parties tried the case ..., a friend who practiced law in Cleveland, Ohio. Fuerst suggested that Joseph ask Ralph to accept ...Under Illinois law, the elements of a cause of action for fraud are the following: ...