Where an agreement between two parties waived consequential damages but one party breached that agreement and sued for damages between $30-90 million, the non-breaching party was entitled to recover over $1.6 million in attorneys’ fees and costs incurred in defending ...

Tagged with: Contract Judge Leonie M. Brinkema U.S. District Court - Eastern District

The inventor of a portable drain cleaning tool has sued its former distribution partner, alleging it breached a nondisclosure agreement and used confidential information to develop a competing product.  Background Plaintiffs C. Charles Gallo, CDC Products Inc. and Quality Innovations ...

Tagged with: Contract Judge Glen E. Conrad U.S. District Court - Western District

Where a food manufacturer prevailed on its breach of contract counterclaim because its contract with a food buyer was unambiguous, the decision was affirmed. The decision found that even if the contract was ambiguous, it led to the same result, ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge G. Steven Agee

Where the plaintiff in a breach of contract case sought to discover settlement discussions between the defendant and a third party, the defendant was granted a protective order. It was not clear the settlement information was relevant to the case ...

Tagged with: Contract Judge Robert S. Ballou U.S. District Court - Western District

Where a former Woodstock car dealership breached the terms of a master loan agreement by not making timely payments and not holding sale proceeds in trust, and the dealership and its guarantor failed to respond to the complaint, both are ...

Tagged with: Contract Judge Anthony J. Trenga U.S. District Court - Eastern District

Although a man injured while shopping at Walmart agreed to settle his negligence claim for $20,000, because Walmart required execution of a settlement agreement as a material term, and no agreement was ever executed, there was no binding settlement.  Background ...

Tagged with: Contract Judge Lawrence R. Leonard U.S. District Court - Eastern District

Where an argument could have been raised during an initial appeal, it is inappropriate to consider it on a second appeal following remand. As such, where the district court ruled that Fed. R. Evid. 408 did not render certain evidence ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract

Where a hauling company that borrowed money to buy vehicles and equipment for its trucking business defaulted on the loan, the bank was awarded a judgment for the unpaid principal, interest, costs and attorneys’ fees, as well as an order ...

Tagged with: Contract Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where the bank showed the borrower breached three enforceable notes for development financing, and that the defendants had both signed guarantees, judgment was entered against the defendants for $864,536.61. Background Fulton Bank N.A. seeks judgment against two guarantors for amounts ...

Tagged with: Contract Judge Douglas E. Miller U.S. District Court - Eastern District

Where a subcontractor that performed electrical work for a project at Marine Corp Base Quantico sued a general contractor for breach of contract, it was error for the district court to dismiss the complaint based upon an exhibit that was ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract