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Tag Archives: Breach of Contract

Civil Practice – Statute of Limitations – Breach of Contract – Corporate – Bankruptcy (access required)

Coderre v. Futrell Individual plaintiff Shane Coderre was not a party to the contract that he alleged defendants breached, nor did he allege that he was an intended third-party beneficiary of the contract; therefore, Coderre had no standing to file the breach-of-contract complaint. Since Coderre’s complaint was a nullity, its amendment to include the corporate plaintiff – which was a party to the contract – did not relate back to the filing of the original complaint. We affirm the trial court’s grant of defendants’ motion to dismiss.

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Insurance – Disability – Breach of Contract – Civil Practice – Statute of Limitations – Constructive Fraud (access required)

Lawley v. Liberty Mutual Group, Inc. If defendants breached their disability insurance contract with plaintiff, they did so when they denied her claim on March 28, 2003, not every time a monthly disability payment was due. Plaintiff’s June 27, 2011 complaint was not timely filed.

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Civil Practice – Statute of Limitations – Miller Act – Breach of Contract – Subcontractor’s Continued Performance (access required)

United States ex rel. Burkholder v. Connelly Even though a second-tier subcontractor who was hired by plaintiff -- a first-tier subcontractor -- continued to work after the prime contractor ordered plaintiff off the construction site, the statute of limitations started running when plaintiff was ousted from the site, not when the second-tier subcontractor finished his work a few days later.

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Bankruptcy – Adversary Proceeding – Core vs. Non-Core – Breach of Contract (access required)

Somerset Properties SPE LLC v. LNR Partners, Inc. In this adversary proceeding, the lenders’ claims against the debtor’s manager are not “related to” matters under 28 U.S.C. § 1334(b). A ruling on the lenders’ state-law claims against counterclaim defendant Kevin Wilk would not have an impact on the bankruptcy estate; therefore, the court does not have jurisdiction to decide these claims.

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Insurance – Fire – Tort/Negligence – Bad Faith Refusal to Settle Claim – Unfair Trade Practices – Breach of Contract (access required)

Kielbania v. Indian Harbor Insurance Co. Based on a drawn-out appraisal process that ignored some losses and changed the value of others without explanation, plaintiffs have presented a jury question as to their claims of unfair insurance settlement practices and bad faith refusal to settle a claim.

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Tort/Negligence – Professional Liability – Real Property – Appraiser – Indirect Reliance – Attorneys – Revenue Stamps Amount – Developer — Breach of Contract – Fraud (access required)

Anderson v. Coastal Communities at Ocean Ridge Plantation, Inc. Where the plaintiff-buyers alleged, at most, that they relied on the bank’s acceptance of an appraisal report in making their decisions to buy property from the defendant-developers, such indirect reliance is insufficient to state a professional negligence claim against the defendant-appraisers.

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Banks & Banking – FIRREA – Exhaustion of Administrative Remedies – First Impression — FDIC Receivership – Purchase – Tort/Negligence — Real Property – Breach of Contract (access required)

Front Street Construction, LLC v. Colonial Bank, N.A. The Federal Deposit Insurance Corp. (FDIC), as receiver for failed bank Colonial Bank, N.A., entered into a purchase and assumption agreement (PAA) with Branch Banking and Trust Co. Some of plaintiffs’ claims against BB&T arose from acts or omissions by Colonial and were not addressed in the PAA. As to those claims, plaintiffs must exhaust their administrative remedies under the Financial Institutional Reform, Recovery and Enforcement Act (FIRREA) before they can seek judicial remedies.

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Banks & Banking – FIRREA – Exhaustion of Administrative Remedies – First Impression — FDIC Receivership – Purchase – Tort/Negligence — Real Property – Breach of Contract (access required)

Front Street Construction, LLC v. Colonial Bank, N.A. The Federal Deposit Insurance Corp. (FDIC), as receiver for failed bank Colonial Bank, N.A., entered into a purchase and assumption agreement (PAA) with Branch Banking and Trust Co. Some of plaintiffs’ claims against BB&T arose from acts or omissions by Colonial and were not addressed in the PAA. As to those claims, plaintiffs must exhaust their administrative remedies under the Financial Institutional Reform, Recovery and Enforcement Act (FIRREA) before they can seek judicial remedies.

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Tort/Negligence – Fraud – Civil Practice – Standing – Bankruptcy – Labor & Employment – Breach of Contract – Personal Jurisdiction (access required)

Stec v. Fuzion Investment Capital, LLC Where plaintiff’s fraud claim is based on acts that allegedly occurred prior to the filing of his bankruptcy petition, the acts supporting plaintiff’s fraud claim are rooted in plaintiff’s pre-petition activities and are the property of the bankruptcy estate. Therefore, plaintiff lacks standing to bring his fraud claim.

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