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Case Number: 3:21-cv-00123
Judge: Joshua M. Kindred
Court: United States District Court for the District of Alaska (Anchorage Borough)y)
Plaintiff's Attorney: Kevin Fitzgerald
Defendant's Attorney: Brent Cole
Description: Anchorage, Alaska civil litigation lawyer represented Plaintiff who sued Defendants on beach of contract theories claiming $1.4 million in damages.
This case was filed in the Superior Court for the SOA - Third Judicial Dist, 3AN-21-04564-CI and was removed to federal courts by the Defendants.
"A breach of contract occurs when one party to a contract fails to fulfill their obligations under the contract. In Alaska, there are four elements that must be present in order for a breach of contract to occur:
There must be a valid contract.
One party must have breached the contract.
The breach must have caused the other party damages.
The other party must have not waived their right to sue for breach of contract.
A valid contract is one that is formed by two or more parties who agree to the terms of the contract. The terms of the contract must be clear and unambiguous, and both parties must have the capacity to enter into a contract.
A breach of contract occurs when one party fails to fulfill their obligations under the contract. This can happen in a number of ways, such as by failing to perform the promised act, failing to pay the agreed-upon price, or delivering defective goods.
The breach must have caused the other party damages in order for a breach of contract claim to succeed. Damages are the losses that the other party has suffered as a result of the breach. These damages can be either economic or non-economic. Economic damages include things like lost profits and medical expenses. Non-economic damages include things like pain and suffering.
The other party must not have waived their right to sue for breach of contract. This means that they must not have agreed to release the breaching party from their obligations under the contract.
If all four elements of a breach of contract are present, the non-breaching party may be entitled to sue the breaching party for damages. The amount of damages that the non-breaching party can recover will depend on the specific facts of the case.
If you believe that you have been the victim of a breach of contract, you should speak with an attorney to discuss your legal options. An attorney can help you understand the law and determine whether you have a case.
Here are some additional things to keep in mind about breach of contract law in Alaska:
The statute of limitations for a breach of contract claim in Alaska is three years. This means that you must file your lawsuit within three years of the date of the breach.
Alaska follows the common law doctrine of mitigation of damages. This means that you are obligated to take reasonable steps to minimize your damages after the breach. If you fail to mitigate your damages, the court may reduce the amount of damages that you are awarded.
Alaska courts may award punitive damages in breach of contract cases, but only in limited circumstances. Punitive damages are designed to punish the breaching party and deter future breaches.
Outcome: 08/18/2023 109 RESPONSE in Opposition re 108 MOTION for Attorney Fees filed by John Madsen. (Attachments: # 1 Proposed Order)(Fitzgerald, Kevin) (Entered: 08/18/2023)
08/18/2023 110 RESPONSE in Opposition re 107 MOTION for Fees and Costs filed by Jacob Lee Jacoby, Kaylee Lamae Jacoby, Laura Mae Jacoby, Russell Lee Jacoby, Dana Michelle Morrison, Shawn Damien Morrison. (Attachments: # 1 Exhibit)(Warner, Daniel) (Entered: 08/18/2023)
08/18/2023 111 MOTION for New Trial by Jacob Lee Jacoby, Kaylee Lamae Jacoby, Laura Mae Jacoby, Russell Lee Jacoby, Dana Michelle Morrison, Shawn Damien Morrison. (Attachments: # 1 Proposed Order)(Warner, Daniel) (Entered: 08/18/2023)
08/18/2023 112 MOTION for Judgment NOV Pursuant to Rule 50b by Jacob Lee Jacoby, Kaylee Lamae Jacoby, Laura Mae Jacoby, Russell Lee Jacoby, Dana Michelle Morrison, Shawn Damien Morrison. (Attachments: # 1 Proposed Order)(Warner, Daniel) (Entered: 08/18/2023)