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Date: 05-11-2023
Case Style:
Case Number: 2:23-CV-496
Judge: R. DAvid Proctor
Court: United States District Court for the Northern District of Alabama (Jefferson County)
Plaintiff's Attorney:
Defendant's Attorney: No Appearance
Description: Birmingham, Alabama civil litigation lawyer represented Plaintiff, who sued Defendant on a breach of contract theory.
n Alabama, a breach of contract occurs when one of the parties to a contract fails to fulfill their obligations under the agreement. This can happen in a number of ways, such as by failing to deliver goods or services, failing to pay money, or failing to perform a specific act.
If you believe that someone has breached a contract with you, you may be able to sue them for damages. In order to win your case, you will need to prove that the contract existed, that the other party breached the contract, and that you suffered damages as a result of the breach.
The amount of damages that you can recover will depend on the specific facts of your case. However, you may be able to recover for your actual losses, as well as for any incidental or consequential damages.
If you are considering filing a breach of contract lawsuit, it is important to speak with an experienced attorney as soon as possible. An attorney can help you to understand your legal rights and options, and can represent you in court if necessary.
Here are some of the key elements of breach of contract law in Alabama:
Existence of a contract: In order to sue for breach of contract, you must first prove that a contract existed. This means that there must have been an offer, an acceptance, and consideration. Consideration is something of value that each party gives to the other in exchange for their promises.
Breach of the contract: Once you have proven that a contract existed, you must then prove that the other party breached the contract. This means that they failed to fulfill their obligations under the agreement.
Damages: In order to recover damages for breach of contract, you must prove that you suffered actual losses as a result of the breach. These losses can be either economic or non-economic. Economic losses include things like lost profits or the cost of repairing or replacing damaged property. Non-economic losses include things like pain and suffering or emotional distress.
The statute of limitations for breach of contract in Alabama is six years. This means that you have six years from the date of the breach to file a lawsuit. If you do not file your lawsuit within six years, you may be barred from recovering damages.
If you believe that you have been the victim of a breach of contract, you should contact an experienced attorney as soon as possible. An attorney can help you to understand your legal rights and options, and can represent you in court if necessary.
Google Bard
Outcome: 05/11/2023 5 NOTICE of Voluntary Dismissal by Verlon L Davis (Holmes, Jeffrey) (Entered: 05/11/2023)
05/11/2023 6 ORDER OF DISMISSAL In accordance with the Notice of Dismissal, the court ORDERS that this action is DISMISSED WITH PREJUDICE. The parties are to bear their own costs, expenses, and attorney's fees. Signed by Judge R David Proctor on 5/11/2023. (KSS) (Entered: 05/11/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: