VEHICLE DEALERSHIP: Limitation of remedies provision bars Plaintiff’s claim for consequential damages for breach of contract but not for “loss resulting in the ordinary course of events from the seller’s breach”… Montana law at the time correctly applied to tort claims (3-year statute), but subsequent Masters mandates applying choice-of-law provision to tort claims arising out of performance of contract as well as contract claims, provision stipulates Texas law (4-year statute)… Molloy affirmed, reversed (unpublished). [Read more…]
Conspiracy, $25 million suit retribution claim
CONSPIRACY/BLACKLISTING claims pertaining to employment, interference with businesses, prima facie tort as alleged retribution for $25 million environmental suit settlement fail for lack of showing of unlawful or wrongful acts… Day affirmed (IOR I-3(d)). [Read more…]
Vehicle dealership, limitation of remedies, fraud
VEHICLE DEALERSHIP: Limitation of Remedies not procedurally or substantively unconscionable under Texas law, prohibits dealer from asserting claim for lost profits due to breach of contract involving trucks with non-compliant air brakes… fraud claim [Read more…]
Disability discrimination, perceived, truck driver
DISABILITY DISCRIMINATION: Reasonable cause to support charge of perceived disability discrimination of injured truck driver… FIR, Tami Rhodes. [Read more…]