Elliot Sadder Files Breach of Contract, Unfair Trade Lawsuit

NASCAR driver Elliott Sadler has filed a breach of contract lawsuit against his former employer for failure to pay past salary owed.

According to North Carolina Superior Court documents, the Nationwide Series points leader is seeking $10,000 in damages for breach of contract; $10,000 to prevent the defendant’s unjust enrichment, and $10,000 or more to be determined at trial for unfair and deceptive trade practices. Sadler filed the lawsuit against Richard Petty Motorsports after, he claims, the company refused to make an April payment because he violated a non-solicitation clause in their separation agreement.

According to the lawsuit, Sadler was accused of violating the clause for allegedly influencing Haunts Brothers Pizza, which sponsored his Sprint Cup car at Richard Petty in 2010, to join him and Kevin Harvick in the Nationwide and Truck Series at Kevin Harvick Inc. this season.

Sadler is requesting a jury trial.

If you are involved in a fraud and unfair trade lawsuit, please contact a Des Moines Business Lawyer of LaMarca Law Group, P.C., at (877) 327-2600.



Judge Dismisses Most of Tennessee Mosque Construction Lawsuit

A judge has thrown out most of a lawsuit seeking to halt the construction of a mosque on the outskirts of Murfreesboro, Tennessee.

According to court documents, Chancellor Robert Corlew III ruled this week that 17 plaintiffs challenging soning approval for construction of a new Islamic Center of Murfreesboror failed to prove they are being harmed by the project. The lawsuit was filed in September and claimed the plaintiffs had “been and will be irreparably harmed by the risk of terrorism generated by proselytizing for Islam and teaching the practices of Sharia law.”

Corlew dismissed most of the lawsuit this week, saying the plaintiffs have “not demonstrated a loss different from that which is common to all citizens of Rutherford County.” The only part of the lawsuit that remains is the question of whether the Rutherford County Regional Planning Commission gave adequate notice before approving the mosque’s site plan. County officials advertised the meeting in the Murfreesboro Post, a free weekly newspaper that plaintiffs claim does not meet qualifications for a “newspaper of general circulation.”

If you are involved in a similar lawsuit, please contact the Des Moines Construction Law Attorneys of LaMarca Law Group, P.C. at (877) 327-2600.



Lawsuits Filed Over Sony Data Breach

More than 25 breach of contract lawsuits have been filed against Sony Corp. after a recent data breach.

According to Westlaw legal database, at least 25 lawsuits have been filed against Sony in the U.S. over the theft of user data from the PlayStation game network. The lawsuits accuse Sony of negligence and breach of contract for allowing the personal data of more than 100 million users to be compromised and stolen.

Sony has been criticized for not telling customers quickly enough that their personal data had been compromised last month. The company said it is possible that whoever broke into Sony’s system stole about 12.3 million credit card numbers.

The company has apologized to its customers. A Sony representative declined to comment on the lawsuits.

If your business has been named in a breach of contract lawsuit, please contact the Des Moines Business Litigation Lawyers of LaMarca Law Group, P.C., at (877) 327-2600.

 



Ed Schultz Contract Dispute Leads to Lawsuit

Ed Schultz, host of MSNBC’s “The Ed Show,” has been named in a breach of contract lawsuit which claims he never properly compensated an NBC employee for helping him secure the TV deal.

According to the lawsuit, Shultz and Michael Queen worked together in 2008 to pursue a TV deal, which fell through. In 2009, Schultz was hired by MSNBC. The lawsuit claims Schultz said he would pay Queen what he was owed for their work together, but never did.

“We pitched a TV idea to various network executives, produced a TV pilot, secured an apartment in D.C. for Ed and his wife Wendy, and even gave them a car to drive free for three months,” Queen said in a press release. “We picked them up at the airport, and went shopping for them – all while helping them become millionaires, and we received nothing for our efforts.”

Schultz’s lawyer, Jeffrey Landa said Schultz would aggressively fight the lawsuit, saying “Ed paid in full for every center [Queen] spent.” Landa also said there was never any contract between the two men.

If you are involved in a similar business dispute, please contact a Des Moines contract dispute lawyer of LaMarca Law Group, P.C., by calling (877) 327-2600.

 



International Coal Hit with $104.1M Verdict in Coal Supply Lawsuit

International Coal Group Inc. has been found liable for $104.1 million in a breach of contract lawsuit.

According to court documents, International Coal breached a coal supply contract with Allegheny Energy Supply and Monogahela Power Company when it declared force majeure and temporarily idled a West Virginia mine in the third quarter of 2006. The lawsuit also claimed that Wolf Run, an International Coal subsidiary, continued to breach the contract by failing to ship the volumes of coal referenced in the agreement after the mine idling.

“We are disappointed in the court’s ruling today,” International Coal Senior Vice-President and General Counsel Roger Nicholson said. “[ICG] believe that the court misinterpreted both the factual underpinnings of the case as well as the applicable law. We intend to avail ourselves of post-verdict remedies and to appeal the ruling, if necessary.

If you are involved in a business dispute, please contact a Des Moines Business Attorney of LaMarca Law Group, P.C., by calling (877) 327-2600.



$15 Million Breach of Contract Lawsuit Filed Against Nancy Grace

Television personality Nancy Grace has been named in a breach of contract lawsuit filed by a former colleague.

The lawsuit was filed by Patricia Caruso last month in the Supreme Court of New York. According to the complaint, Caruso and Grace started developing a television series in early 2008. Caruso claims that Grace committed to cooperate in the development of the series, called “Grace’s Cases,” and promised not to proceed unless Caruso was retained and credited as an executive producer.

The lawsuit claims CBS mad Grace an offer to shoot a pilot for the show in May 2009, after months of network pitching under Caruso’s direction. According to the lawsuit, CBS sold the series, now called “Swift Justice With Nancy Grace,” in October 2009. In the Spring of 2010, however, the lawsuit alleges Grace signed on to host the series without Caruso as executive producer.

Caruso is seeking $15 million in damages, in addition to court costs.

If you are involved in a business dispute, please contact a Des Moines Business Lawyer of LaMarca Law Group, P.C., by calling (877) 327-2600.



Real estate in Des Moines drops in value

In Des Moines and Polk County, real estate values have experienced a consistent decline.  Experts say that the declines are not major, but they are widespread throughout the area.

About 4 out of every 5 residences in Polk County had their assessed value drop since their last assessments in 2009.  Approximately 50 percent of commercial properties also saw their assessed value drop.  Properties in downtown Des Moines were devalued by up to 28 percent.

On the contrary, agricultural property and real estate in Polk County had an increased assessed value of 12.8 percent and industrial real estate saw no change.

If you or someone you know needs legal representation in handling matters of real estate business litigation, contact the Des Moines real estate litigation attorneys of LaMarca Law Group, P.C. at (877) 327-2600 and set up an appointment to meet with one of our lawyers today.



Gov. Culver creates energy consulting firm

Former Iowa Governor Chet Culver recently announced the formation of an energy consulting group called “Chet Culver Group.”  Culver has described the business’s main functions as providing energy management consulting to individuals, private companies, and public entities.  Specifically, Culver statde that he hopes Chet Culver Group will be able to help small business and farms develop a less expensive way to implement and take advantage of renewable energy.

The group already has its first client, a small wind turbine producer in Austin, Texas called Viryd Technologies.  In addition, Culver is expected to introduce partners to the business.  In addition to focusing efforts on marketing, small businesses, and public policy, Culver plans to use the group for advocacy of renewable energy.

Contact the Des Moines business formation lawyers of LaMarca Law Group, P.C. at (877) 327-2600 today, if you or someone you know is considering starting a business or franchise.



Iowa and Illinois health systems to affiliate

Des Moines-based Iowa Health System and Peoria, Illinois-based Methodist Health Services Corp. recently entered into an agreement to form a strategic partnership.  The two currently have a non-binding letter of intent to form the partnership.

After due diligence and other subsequent processes have been completed, Methodist Health Services Corp. will become the 8th senior affiliate under Iowa Health System.

IHS officials said that they became interested in Methodist Health because they feel that they share a similar vision and values and are passionate about providing quality healthcare.  IHS uses a decentralized control system that will keep Methodist Health with its own local board of directors.

If you or someone you know has questions about due diligence in business transactions, contact the Des Moines due diligence in business transactions attorneys of LaMarca Law Group, P.C. at (877) 327-2600 to speak with one of our lawyers today.



USDA to develop Iowa agribusiness

Bill Menner, state director of the U.S. Department of Agriculture Rural Development, will be traveling all over the state to promote his Rural Issues Listening Post project.  Menner will visit several small towns in Iowa to meet with community leaders, economic development officials, and city residents to discuss ways to develop agribusiness and make rural Iowa into thriving part of the state.

According to the department, more than half of Iowa’s 950 cities have fewer than 500 residents.  The USDA Rural Development manages more than 40 loan and grant programs to help rural economic development through housing, business, and other community programs.  Last year, about 180,000 acres in Iowa were used for agribusiness and planting, an increase from the 145,000 acres utilized in 2007.

To discuss agribusiness litigation with an experienced agribusiness attorney in Des Moines, contact LaMarca Law Group, P.C. today at (877) 327-2600 and learn more about how we can help you.



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