by
The Supreme Court affirmed the judgment of the district court ruling in favor of Plaintiff on his claim that Defendants failed to pay him for work he performed on their residence, holding that there was no merit to Defendants’ assignments of error on appeal. Specifically, the Court held (1) the district court did not err in finding that Plaintiff was entitled to recover under the theory of unjust enrichment when a contract existed between the parties and Plaintiff had a statutory remedy of foreclosure on his construction lien; (2) there was evidence to support the unjust enrichment recovery; and (3) the district court did not err in denying Defendants’ motion to transfer venue. View "Bloedorn Lumber Co. v. Nielson" on Justia Law

by
Kinder filed suit against Manning, alleging that Manning breached a contract to build a pumping station. The Eighth Circuit affirmed the district court's judgment in favor of Manning, holding that Kinder committed the first material breach of contract by threatening to assess delay-related damages without any justification, interfering with the relationship between Manning and EarthTec, and failing to provide adequate assurances that Manning would be paid for its work. The court also held that the district court correctly found that Kinder wrongfully terminated the contract and that evidence at trial supported the damage award. View "Randy Kinder Excavating, Inc. v. JA Manning Construction Co." on Justia Law

by
A general construction contractor, S&P, filed suit against its secondary insurance provider, US Fire, after US Fire refused to cover damages S&P incurred when a courthouse construction project went awry. The Fifth Circuit affirmed the district court's grant of summary judgment to US Fire, holding that US Fire's policy allowed it to count the arbitration agreements as "Other Insurance." The court explained that an indemnity agreement fell under the plain language of the "Other Insurance" provision of US Fire's policy because it was a mechanism by which an insured arranged for funding of legal liabilities for which US Fire's policy also provided coverage. Under the reasoning of RSR Corp. v. International Insurance Co., 612 F.3d 851 (5th Cir. 2010), settlement proceeds resulting from an indemnity agreement also counted as "Other Insurance." The court also held that S&P failed to meet its burden to show allocation of the settlement proceeds between covered and noncovered damages. View "Satterfield and Pontikes Construction v. US Fire Insurance Co." on Justia Law

by
In this breach of contract case stemming from the failure to pay for labor and materials provided by a construction subcontractor (Petitioner) to a general contractor through six construction contracts, the Court of Appeals affirmed the judgments of the circuit court and the court of special appeals in favor of Respondents. The Court of Appeals held (1) where there has been an invocation of the Maryland Construction Trust Statute, there must be a showing that the statute applies to the contracts in dispute; (2) Md. Code Real Prop. 9-204(a) contains a requirement that the contracts be subject to the Maryland Little Miller Act or the Maryland Mechanics’ Lien Statute; and (3) Petitioner failed to demonstrate that the protections afforded by the Maryland Construction Trust Statute were applicable. View "C&B Construction, Inc. v. Dashiell" on Justia Law

by
The Supreme Court affirmed the decision of the court of appeals affirming the trial court’s denial of Defendant’s motion to suppress and upholding his convictions for several drug and firearm-related offenses, holding that probable cause existed for the warrantless search of Defendant’s vehicle. Defendant argued in support of his motion to suppress the evidence discovered during the warrantless search of his vehicle that the police lacked probable cause to conduct the search. The trial court denied the motion, concluding that Defendant’s furtive movements, nervous demeanor, and possession of a digital scale containing suspected cocaine residue provided the requisite probable cause. The Supreme Court affirmed, holding that, under the facts of this case, there was sufficient evidence to establish that the police officer had probable cause to search Defendant’s vehicle because there was a “fair probability” that contraband or evidence of a crime would be found. View "Curley v. Commonwealth" on Justia Law

by
In holding that the successor judge in this case had authority to dismiss Plaintiff’s claims for breach of contract and consequential damages and committed no reversible error by doing so, the Supreme Court repudiated any language in its precedent that suggests that a successor judge on a case is bound by nonfinal decisions and rulings made by his predecessor. Plaintiff, who was hired by the Utah Department of Transportation (UDOT) to work on different construction projects, filed various claims against UDOT and other contractors on the projects. UDOT moved for summary judgment on claims for breach of contract on the “Arcadia” project and claims seeking consequential damages. Judge Kennedy, the original judge assigned to the case, denied both motions. Judge Kennedy was then replaced in this case by Judge Harris. Judge Harris ultimately dismissed Plaintiff’s claims for breach of contract and consequential damages. Plaintiff filed this interlocutory appeal, arguing that Judge Harris violated the so-called coordinate judge rule, which Plaintiff alleged limits the discretion of a successor judge to revisit decisions of a predecessor. The Supreme Court disagreed, holding (1) a successor judge has the same power to review nonfatal decisions that a predecessor would have had; and (2) Judge Harris did not commit reversible error by dismissing the claims at issue. View "Build v. Utah Department of Transportation" on Justia Law

by
An action is commenced under Utah law not by the filing of a motion for leave to amend but by the filing of a complaint. Many years after filing suit against other defendants a homeowners association sued the general contractor on a construction project. By the time the homeowners association finally filed an amended complaint naming the general contractor the statute of repose had run on six buildings in the project. The general contractor filed motion for summary judgment, asserting that the claims against it were time barred. The district court denied the motion, concluding that the amended complaint related back to the date the motion for leave to amend was filed. The Supreme Court reversed, holding that the homeowners association’s claims were time barred because no viable complaint was filed within the repose period and the complaint did not relate back to a timely pleading. View "Gables v. Castlewood" on Justia Law

by
The Fifth Circuit reversed the district court's grant of summary judgment in favor of a general contractor in an action by the subcontractor, alleging that the general contractor fraudulently induced it into entering a settlement agreement that released the general contractor from any claims for liability under the Miller Act. In this case, Fisk was the subcontractor and DQSI was the general contractor on a post-Hurricane Katrina federal construction project. The court held that there was a genuine issue of material fact as to whether Fisk justifiably relied on DQSI's representations about Fisk's Request for Equitable Adjustment at settlement, which was an element of Fisk's fraudulent-inducement. Therefore, the court remanded for further proceedings. View "Fisk Electric Co. v. DQSI, LLC" on Justia Law

by
Phillip Moore, Gloria Moore, and Katelyn Moore sued Olshan Foundation Repair of Jackson, LLC (Olshan), and Wayne Brown. Olshan and Brown sought to compel arbitration pursuant to an arbitration provision within a contract between Phillip Moore and Olshan for the repair of the foundation of the Moores’ home. The circuit court ordered Phillip and Gloria Moore to arbitrate their claims. But because the circuit court declined to order Katelyn Moore to the arbitral forum, Olshan and Brown appealed. Finding that Katelyn Moore was neither a third-party beneficiary to the foundation-repair contract nor was she bound by direct-benefit estoppel, the Mississippi Supreme Court found Katelyn Moore’s claims, including negligence and intentional/negligent infliction of emotional distress, were wholly independent of the terms of the contract to which she was not a party. As such, Olshan was not allowed to enforce an arbitration clause respecting Katelyn Moore’s claims, which were unrelated to the contract. View "Olshan Foundation Repair Company of Jackson, LLC v. Moore" on Justia Law

by
This case arose from the tragic 2014 death of nine-year-old Patrauna Hudson, who drowned in flash-flood waters that swept through a drainage ditch that ran alongside her family’s residence. Patrauna’s estate (the “Estate”) filed suit against Yazoo City for wrongful death under the Mississippi Tort Claims Act (MTCA). The circuit court granted summary judgment in favor of Yazoo City (the “City”) on all claims filed against it by the Estate, having found Yazoo City immune from liability under both the discretionary-function exception and the open-and-obvious exception contained in Mississippi Code Section 11-46-9. The Estate appealed, maintaining that Yazoo City violated numerous city ordinances, along with certain federal regulations, when the City converted a portion of the drainage ditch downstream from the Hudson residence into a covered tunnel with two side-by-side culverts in 2007. The Estate argued that these laws imposed a ministerial duty upon Yazoo City, and the City breached that duty by failing to comply with all the mandatory requirements prescribed by these laws when the city implemented and carried out the 2007 project. Therefore, the Estate contended, the City was not immune from liability. The Mississippi Supreme Court found the Estate’s claim that Yazoo City is liable for the wrongful death of Patrauna failed as a matter of law for failure to state a cause of action. The Court also found the Estate abandoned its claim for negligently failing to maintain its drainage ditches. The Estate, however, abandoned this claim under the auspices of the test adopted by this Court in However, the Court found “slight evidence,” which if developed further, could create a genuine issue of fact with regard to this claim, and that the Estate should have been given the opportunity to do so. The Supreme Court found the trial court’s ruling as to the open-and-obvious exception provided by Section 11-46-9(1)(v) was premature in this case because factual questions remained. Accordingly, the Court reversed and remanded for further proceedings. View "Hudson v. Yazoo City, Mississippi" on Justia Law