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Fireman's Fund Insurance Co. v. Sizzler USA Real Property Inc.
Failure to obtain full amount of insurance specified in lease did not void subrogation waiver. 		Contracts Dec. 22, 2008
Cardinal Health 301 Inc. v. Tyco Electronics Corp.
'Future performance' exception under UCC Section 2725 only applies when warranty refers to specific future time period. 		Contracts Dec. 16, 2008
Brown v. Wells Fargo Bank NA
Trial court's failure to adjudicate plaintiffs' constructive fraud defense to motion to compel arbitration is improper. 		Contracts Nov. 28, 2008
Rogers v. Royal Caribbean Cruise Line
Seamen's employment contracts containing arbitration provisions are not exempt from Federal Arbitration Act. 		Contracts Nov. 7, 2008
Orix Financial Services Inc. v. Kovacs
Unsecured judgment creditor who does not collude with debtor is 'transferee' who may take deposit account funds free of security interest. 		Contracts Oct. 20, 2008
California Coastal Commission v. Allen
Couple that acknowledges assignment of judgment from original creditor has standing to levy on property of debtor not entitled to homestead exemption. 		Contracts Oct. 3, 2008
Orix Financial Services Inc. v. Kovacs
Unsecured judgment creditor who does not collude with debtor is 'transferee' who may take deposit account funds free of security interest. 		Contracts Oct. 2, 2008
White v. Mayflower Transit
State law claims against interstate carriers are preempted by Carmack Amendment where amount in controversy exceeds $10,000. 		Contracts Sep. 15, 2008
Winter v. Window Fashions Professionals Inc.
Arbitration clause is unenforceable where there is no meeting of the minds with respect to clause. 		Contracts Sep. 12, 2008
Great Western Drywall Inc. v. Roel Construction Co. Inc.
Prejudgment interest is not due where offsetting claim exceeds liquidated contract claims. 		Contracts Sep. 8, 2008
Local Joint Executive Board of Las Vegas v. NLRB
Union dues-checkoff provision falls within 'Katz' unilateral change doctrine, requiring waiver. 		Contracts Aug. 28, 2008
County of Santa Clara v. Astra USA Inc.
Covered entities deemed intended beneficiaries of pharmaceutical pricing agreement may enforce manufacturers' ceiling price obligations. 		Contracts Aug. 28, 2008
Western Filter Corp. v. Argan Inc.
Ambiguous provision allowing claims to survive closing date for one year is not contractual statute of limitations reducing limitations period under California law. 		Contracts Aug. 26, 2008
Carr Business Enterprises Inc. v. City of Chowchilla
Stipulated judicial reference agreement to equally split referee's fees precludes prevailing party from recovering half of referee's fees as costs. 		Contracts Aug. 21, 2008
Carr Business Enterprises Inc. v. City of Chowchilla
Attorney fee request is properly denied where prevailing party relies on standard indemnity clause applying only to third-party claims. 		Contracts Aug. 21, 2008
Golden West Refining Co. v. SunTrust Bank
Company does not waive right to seek remedy for wrongful dishonor of 'non-perpetual' letter of credit. 		Contracts Aug. 19, 2008
Oltman v. Holland America Line Inc.
Equitable tolling is allowed when claim was filed in improper venue despite contractual limitations to the contrary. 		Contracts Aug. 19, 2008
RN Solution Inc. v. Catholic Healthcare West
Court improperly denies arbitration of interrelated contract, tort, and battery claims where all parties are direct signatories bound by arbitration agreement. 		Contracts Aug. 17, 2008
Thompson v. Toll Dublin
Arbitration agreement is unenforceable against condominium buyers where provisions did not apply to fraud-related claims and were unconscionable. 		Contracts Aug. 14, 2008
Madden v. Summit View Inc.
Subcontractor's employee fails to prove causal relationship between his injury and general contractor's purported failure to perform nondelegable duty. 		Contracts Aug. 13, 2008
Edwards v. Arthur Andersen LLP
Noncompetition agreement is deemed void where it restricted tax accountant from engaging in lawful business. 		Contracts Aug. 8, 2008
Grenall v. United of Omaha Life Insurance Co.
Estate cannot rescind annuity based on mistake of fact where decedent was unaware of terminal illness at time of contract. 		Contracts Jul. 29, 2008
Union Oil Company of California v. Greka Energy Corp.
Specific performance is properly granted where defendant failed to plug and abandon idle oil wells as required in land sale contract. 		Contracts Jul. 25, 2008
Crawford v. Weather Shield Mfg. Inc.
Subcontractor must defend project's developer-builder in construction defect lawsuit regardless of subcontractor's actual negligence. 		Contracts Jul. 22, 2008
Brack v. Omni Loan Company
Choice of Nevada law in loan contract is not enforceable where California has greater interest in parties' transaction. 		Contracts Jul. 18, 2008
Wall Street Network Ltd. v. New York Times Company
Summary judgment is granted where pop-up ad solicitor fails to adhere to Internet marketing agreement with newspaper. 		Contracts Jul. 17, 2008
Goldstein v. Barak Construction
Claims brought under Contractor's State License Law against unlicensed contractors may appropriately form basis for right to attach orders. 		Contracts Jul. 10, 2008
Ontiveros v. DHL Express (USA) Inc.
Arbitration agreement is deemed unconscionable where provision provides arbitrator exclusive authority to decide on enforceability issues. 		Contracts Jul. 2, 2008
United States v. FMC Corp.
Tribe that is incidental third-party beneficiary lacks standing to enforce consent decree between mining company and government. 		Contracts Jun. 30, 2008
California Physicians' Service v. Aoki Diabetes Research Institute
Health care provider is entitled to reimbursement from health care service plan for medical services provided to plan members. 		Contracts Jun. 19, 2008
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