FindLaw Opinion Summaries - Contracts

In re: Smith

Fri, 6 Nov 2009 20:00:02 PDT

(U.S. 1st Cir., Bankruptcy Law, Contracts, Debt Collection, Family Law, Government Law) Order of the Bankruptcy Appellate Panel reversing an order of the Bankruptcy Court is affirmed as a late alimony payment penalty was not a domestic support obligation, and as such, the ex-wife's claim was a general unsecured claim not entitled to priority status and consequently dischargeable.

Ferro Corp. v. Cookson Group, PLC

Fri, 6 Nov 2009 20:00:02 PDT

(U.S. 6th Cir., Antitrust & Trade Regulation, Consumer Products, Contracts, Corporation & Enterprise Law) In plaintiff's suit against defendant for breach of its duty to defend and indemnify arising from antitrust lawsuits brought against plaintiff, summary judgment for defendants and dismissal of all of plaintiff's claims is affirmed as there are no allegations made against plaintiff in the antitrust complaints or amended complaints based on principles of successor liability, and the antitrust cases do not state claims that potentially or arguably fall within the purview of the asset purchase agreement duty to defend.

Solana v. GSF Dev. Driller I

Thu, 5 Nov 2009 20:00:02 PDT

(U.S. 5th Cir., Admiralty, Contracts, Oil & Gas Law) In an admiralty action for a percentage of the salvage value of a drilling unit, summary judgment for defendant is reversed where the record did not support the district court's conclusion that, as a matter of law, the parties agreed that the plaintiffs would be compensated in the same manner that they had previously been compensated by defendant.

General Star Nat. Ins. Co. v. Universal Fabricators, Inc.

Thu, 5 Nov 2009 20:00:02 PDT

(U.S. 2d Cir., Construction, Contracts, Insurance Law) In an action claiming that defendant insurer was bound by the terms of an excess insurance policy it had issued to contribute to the satisfaction of a state-court judgment of liability in a personal injury action against two entities for whom the insured had been a contractor, summary judgment for plaintiffs is reversed where the district court erred in deciding that the state-court judgment established legal liability against the insured.

Memphis Biofuels, LLC. v. Chicksaw Nation Indus., Inc.

Wed, 4 Nov 2009 20:00:02 PDT

(U.S. 6th Cir., Civil Procedure, Commercial Law, Contracts, Dispute Resolution & Arbitration, Indian Law, Oil & Gas Law) In plaintiff's case against the defendants for repudiating an agreement whereby defendant was to deliver diesel fuel and soybean oil to plaintiff's refinery facility, dismissal of the suit for lack of subject matter jurisdiction is affirmed as the defendant, a federally chartered tribal corporation, enjoys tribal-sovereign immunity.

DMA Int'l., Inc. v. Qwest Comms. Int'l., Inc.

Wed, 4 Nov 2009 20:00:02 PDT

(U.S. 10th Cir., Commercial Law, Communications Law, Contracts, Dispute Resolution & Arbitration) In an appeal from the district court's denial of petitioner's motion to vacate an arbitral award, the order is affirmed where the arbitrator's factual findings regarding the meaning of the contract at issue could not be overturned simply because the evidence was conflicting. In addition, attorney's fees are awarded to respondent because petitioner's appeal vexatiously multiplied the proceedings.

Imation Corp. v. Koninklijke Philips Elec. N.V.

Tue, 3 Nov 2009 20:00:02 PDT

(U.S. Fed. Cir., Commercial Law, Contracts, Intellectual Property, Patent) In plaintiff's case against defendants arising from a patent license agreement dispute, judgment on the pleadings in favor of defendants is reversed and remanded where: 1) the district court erred in finding that plaintiff's subsidiaries are not licensed under the parties' patent licensing Agreement; and 2) the unambiguous Agreement makes clear that the license grant includes subsidiaries of plaintiff and defendant that meet the Agreement's Subsidiary definition.

T Street Dev., LLC v. Dereje & Dereje

Tue, 3 Nov 2009 20:00:02 PDT

(U.S. D.C. Cir., Contracts, Property Law & Real Estate) In an appeal from the denial of plaintiff's action to enforce a settlement agreement it claimed the parties reached during the pendency of its suit for specific performance of a real estate transaction, the district court's order is affirmed where the parties had failed to reach agreement on a material element of the case.

Applied Med. Dist. Corp. v. Surgical Co. BV

Tue, 3 Nov 2009 20:00:02 PDT

(U.S. 9th Cir., Civil Procedure, Commercial Law, Contracts, International Law, International Trade, Remedies) In an appeal from the district court's denial of an injunction barring defendant from pursuing an action against plaintiff in Belgium, the order is reversed where: 1) the district court applied the wrong legal standard by requiring that the claims in the domestic and foreign action be identical, instead of engaging in the required functional inquiry concerning dispositiveness; and 2) the district court relied on the clearly erroneous factual determination that defendant's Belgian claims, other than goodwill indemnities, were available apart from termination.

Sec'y of U.S. Air Force v. Commemorative Air Force

Mon, 2 Nov 2009 20:00:02 PDT

(U.S. 6th Cir., Aerospace & Defense, Contracts, Government Contracts) In United States Air Force's (USAF) suit against Commemorative Air Force (CAF) for breach of contract, replevin, and a declaratory judgment that it violated the terms of a 1996 donation certificate concerning an F-82 aircraft, district court's order granting summary judgment in favor of plaintiff and denying CAF's motion for summary judgment is affirmed, as there is no genuine issue of material fact that CAF's attempt to trade the F-82 violated the terms of the 1996 donation certificate, which called for title to revest in the USAF if CAF no longer desired to return the aircraft.

Norfolk Southern Rwy. Co. v. Groves

Mon, 2 Nov 2009 20:00:02 PDT

(U.S. 11th Cir., Contracts, Transportation) In an action by a rail carrier against a warehouseman for penalties assessed for the undue detention of rail cars, summary judgment for defendant is affirmed where a freight re-loader cannot, without notice, be made a consignee by the unilateral action of a third party.

Schachter v. Citigroup, Inc.

Mon, 2 Nov 2009 20:00:02 PDT

(Cal., Class Actions, Contracts, Labor & Employment Law) In a putative class action against Citigroup by its former employees challenging the company's forfeiture provision of a voluntary employee incentive compensation plan (Plan) upon termination in violation of Labor Code section 201 and 202, the judgment of the court of appeals granting Citigroup's motion for summary judgment is affirmed as the company Plan's forfeiture provision does not run afoul of sections 201 or 202 because no earned wages remain unpaid upon termination for cause or resignation.

World Harvest Church, Inc. v. GuideOne Mut. Ins. Co.

Fri, 30 Oct 2009 21:00:02 PDT

(U.S. 11th Cir., Contracts, Insurance Law) In an action against an insurer claiming that the insurer was estopped from contesting that a judgment against plaintiff was covered by the policy, the court of appeals certified the following questions to the Georgia Supreme Court: 1) does an insurer effectively reserve its right to deny coverage if it informs the insured that it does "not see coverage," after the insured had received a written reservation of rights from the insurer's sister company in a similar lawsuit in another jurisdiction, or is a written or more unequivocal reservation of rights required?; 2) when an insurer assumes and conducts an initial defense without notifying the insured that it is doing so with a reservation of rights, is the insurer estopped from asserting the defense of noncoverage only if the insured can show prejudice, or is prejudice conclusively presumed?; and 3) if the insured must show prejudice, do the facts and circumstances of this case show it?

Toal v. Tardif

Fri, 30 Oct 2009 21:00:02 PDT

(Cal. App., Civil Procedure, Contracts, Dispute Resolution & Arbitration, Evidence) In plaintiffs' petition for confirmation of an arbitration award against defendants, trial court's grant of plaintiff's petition is reversed as plaintiffs failed to prove a basic prerequisite of private arbitration, the existence of a valid arbitration agreement, and the signature of defendants' attorney on the arbitration stipulation, standing alone, did not constitute substantial evidence that defendants agreed to arbitrate the dispute.

Lake Almanor Assoc., LLP. v. Huffman-Broadway Group, Inc.

Fri, 30 Oct 2009 21:00:02 PDT

(Cal. App., Construction, Contracts, Environmental Law, Injury And Tort Law) In plaintiff-developer's breach of contract and negligence case against a consultant hired by a county to prepare an environmental impact report (EIR), district court's sustaining of defendant's demurrer to plaintiff's complaint is affirmed as the balance of the factors militates against a conclusion that a consultant owes a duty of care to a project applicant in the timely completion of a draft EIR.