Covenant Not To Sue

117 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Habitat for Humanity Int'l, Inc. v. Morris
  M.D. Fla.· 2021-10-26
  The court held that the former employee breached the severance contract by filing counterclaims and making public statements, entitling the employer to restitution of the severance payment, but not attorney's fees or reputational damages at this stage.
• B&G Equip. Co., Inc. v. AiroFog USA, LLC
  M.D. Fla.· 2020-03-26
  B&G Equipment Company sued AiroFog USA for trademark infringement and unfair competition, alleging that AiroFog's sprayer copied B&G's patented design. The parties had previously settled similar claims in 2017 through a settlement agreement, but B&G alleged that AiroFog breached
• YS Catering Holdings, Inc. v. Attollo P'rs LLC
  274 So. 3d 1203· Fla. 3d DCA· 2019-06-19
  The trial court properly dismissed the complaint with prejudice because the merger agreement's integration clause precluded oral misrepresentation claims, the 2016 release agreement barred all claims against the defendants, and the assignment for the benefit of creditors transfer
• Kapsch TrafficCom Ivhs, Inc. v. Fla. Dep't of Transp.
  249 So. 3d 693· Fla. 1st DCA· 2018-06-04
  A nonexclusive patent license is a covenant not to sue granting immunity from infringement liability, not a commodity or contractual service subject to Florida's competitive bidding requirements under section 287.057. Therefore, FDOT's $7 million license agreement with Neology fo
• Yucaipa Am. Alliance Fund I, LP
  Del. Ch.· 2014-10-31
  The Court of Chancery partially granted Defendants' motion to dismiss and granted their motion to stay. The court held that a covenant not to sue in the Third Amendment to the Credit Agreement, as interpreted by the Bankruptcy Court and given collateral estoppel effect, bars most
• Sieger Suarez Architectural P'ship, Inc. v. Arquitectonica Int'l Corp.
  857 F. Supp. 2d 1245· S.D. Fla.· 2014-02-14
  The court held that the architectural plans were not substantially similar as a matter of law, and therefore, copyright infringement could not be established at the motion to dismiss stage.
• United States v. Steinbrenner
  577 F. Supp. 2d 702· M.D. Fla.· 2013-06-07
  A refund claim based on a trustee's decision to carry back a net operating loss is not "attributable to" a partnership item, and thus the general refund limitations period applies, not the shorter period for partnership items.
• In the Estate
  Del. Ch.· 2010-09-01
  The Court held that there was no enforceable oral contract for the sale of the cottage, as David, a necessary party, never agreed to the sale. Furthermore, the plaintiff waived any interest in the cottage by accepting his full estate distribution in cash. The court also found tha
• Sanderson v. Hudlett
  832 So. 2d 845· Fla. 4th DCA· 2002-11-20
  In a foreclosure dispute involving a complex real estate financing arrangement, the trial court found that the seller Sanderson had accepted a deed in lieu of foreclosure, triggering a merger of estates that extinguished all associated mortgages, debts, and guaranties. The appell
• Allstate Ins. Co. v. Skeeters
  846 F.2d 932· 4th Cir.· 1988-05-05
  The court held that the settlement agreement violated Allstate's subrogation rights under the insurance policy, and the subsequent statutory amendment disallowing subrogation did not apply retroactively to void these pre-existing contractual rights.
• Am. Interinsurance Exch. v. Commercial Union Assurance Co.
  605 F.2d 731· 4th Cir.· 1979-09-12
  Both the owner's insurer (AIE) and the lessee's insurer (Commercial Union) owe coverage to the truck driver, with AIE's coverage being primary and Commercial Union's being excess. The lessee (Walker) is also covered by AIE's policy.
• Fielding v. Brebbia
  479 F.2d 195· D.C. Cir.· 1973-04-17
  The court held that a New York agreement, even if labeled a covenant not to sue, operated as a release of all joint tortfeasors under New York law because it did not expressly reserve claims against other parties.
• Crowder v. Gordons Transports, Inc.
  419 F.2d 480· 8th Cir.· 1969-12-23
  A settlement payment made under the Federal Employers' Liability Act (FELA) does not bar a subsequent wrongful death action under Missouri law against a joint tort-feasor, even if the FELA payment exceeds the Missouri statutory damages limit.
• Pratt v. United States
  340 F.2d 174· 1st Cir.· 1964-12-28
  The court held that the seaman's prior in personam judgment did not preclude him from pursuing in rem claims against the vessel for unseaworthiness and maintenance and cure, and that the covenant not to sue the insurer did not bar these claims.
• Putnam v. Cont'l AIR Transp. Co., Inc.
  297 F.2d 501· 7th Cir.· 1961-12-29
  The court held that the "loan" agreements, which allowed plaintiffs to receive the full amount of their judgments against one defendant, effectively satisfied those judgments and released all joint tortfeasors under Illinois law, thus mooting the appeal against the other defendan
• S. Pac. Co. v. Raish
  205 F.2d 389· 9th Cir.· 1953-05-29
  The court held that the trial court did not err in ruling that a covenant not to execute was a covenant not to sue, and that the issue of the appellant's negligence in constructing and maintaining an overpass with insufficient clearance was a question for the jury.