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Case Number: 4:21-cv-01811
Judge: Andrew S. Hanen
Court: United States District Court for the Southern District of Texas (Harris County)
Defendant's Attorney: Andrew J Sarne, Kathryn Grace Laflin, Marcy Lynn Rothman, Thomas Kelly McKee
Description: Houston, Texas civil litigation lawyers represented Plaintiff who sued Defendant on a breach of contract theory.
This case was filed in the 295th District Court of Harris County, TX, 21-28221 and was removed to federal court by the Defendant.
"Under Texas law, a breach of contract occurs when a party to a contract fails to perform an act that it has expressly or impliedly promised to perform. A breach of contract can be either "material" or "minor." A material breach is a breach that goes to the heart of the contract and substantially deprives the other party of the benefit of the contract. A minor breach is a breach that does not go to the heart of the contract and does not substantially deprive the other party of the benefit of the contract.
If a party breaches a contract, the other party may be able to sue for breach of contract. In order to win a breach of contract lawsuit, the plaintiff must prove the following elements:
There was a valid contract between the parties.
The plaintiff performed or tendered performance as required by the contract.
The defendant breached the contract by failing to perform or tender performance as required by the contract.
The plaintiff suffered damages as a result of the breach.
The damages that a plaintiff can recover for a breach of contract will vary depending on the facts of the case. However, some common types of damages that may be recoverable include:
The cost of repairing or replacing the goods or services that were not provided under the contract.
The loss of profits that the plaintiff would have earned if the contract had been performed.
The cost of getting someone else to perform the contract.
If you believe that you have been the victim of a breach of contract, you should contact an attorney to discuss your legal options.
In addition to the above, here are some other things to keep in mind about breach of contract law in Texas:
The statute of limitations for filing a breach of contract lawsuit in Texas is four years. This means that you must file your lawsuit within four years of the date of the breach, or you may lose your right to sue.
If you are successful in your breach of contract lawsuit, the court may award you damages, injunctive relief, or both. Damages are designed to compensate you for your losses, while injunctive relief is designed to prevent the defendant from continuing to breach the contract.
If you are sued for breach of contract, it is important to contact an attorney as soon as possible. An attorney can help you defend your case and protect your rights.
Outcome: 04/27/2023 29 ORDER OF DISMISSAL. Case terminated on 4/27/2023 (Signed by Judge Andrew S Hanen) Parties notified.(rhawkins) (Entered: 04/27/2023)