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Cronus Investments Inc. v. Colman
Parties' agreement not to preclude application of Federal Arbitration Act does not preempt application of state law.
Contracts Aug. 1, 2005
Grosso v. Miramax Films Corp.
Court erred in holding that plaintiff's breach of implied contract claim was preempted by Copyright Act.
Contracts Jul. 31, 2005
Nagrampa v. MailCoups Inc.
Plaintiff's failure to read arbitration clause in contract did not excuse compliance with its terms.
Contracts Jul. 25, 2005
Jones v. Humanscale Corp.
New Jersey arbitration award enforcing non-compete agreement did not violate California's public policy.
Contracts Jun. 21, 2005
Central Building LLC v. Cooper
Irrevocable continuing guaranty agreement referring to property lease is subject to extended term of lease amendment.
Contracts Jun. 20, 2005
Power Standards Lab Inc. v. Federal Express Corp.
Air carrier that paid contractual limit for damaged cargo cannot be liable for additional damages.
Contracts Jun. 20, 2005
Parrish v. Cingular Wireless LLC
Contractual ban on class-wide arbitration is not unconscionable.
Contracts Jun. 20, 2005
Versaci v. Superior Court (Palomar Community College District)
Performance goals mentioned in school superintendent's employment contract were not subject to public disclosure.
Contracts Jun. 19, 2005
Jones v. Humanscale Corp.
New Jersey arbitration award enforcing non-compete agreement did not violate California's public policy.
Contracts Jun. 17, 2005
Frei v. Davey
Contract provision that denies a prevailing party attorney fees for refusing to mediate is enforceable.
Contracts Apr. 12, 2005
Dream Theater Inc. v. Dream Theater
Incorporation of arbitration rules into agreement indicates clear intent to have arbitrator decide whether dispute is subject to arbitration.
Contracts Apr. 12, 2005
Dream Theater Inc. v. Dream Theater
Incorporation of arbitration rules into agreement indicates clear intent to have arbitrator decide whether dispute is subject to arbitration.
Contracts Mar. 17, 2005
Toscano v. Green Music
Lost wages may be awarded under promissory estoppel theory when amount is supported by substantial evidence and not speculative.
Contracts Feb. 15, 2005
Tesco Controls Inc. v. Monterey Mechanical Co.
Prompt payment statutes begin to run only when general contractor has actually received progress payment, not when it should have received one.
Contracts Feb. 15, 2005
Lewis Jorge Construction Management v. Pomona Unified School District
Lost profits resulting from breach of construction contract involving bonding are unavailable as general or special damages.
Contracts Feb. 14, 2005
Diede Construction Inc. v. Monterey Mechanical Co.
General contractor who reasonably relies on a subcontractor's erroneous bid may recover damages on theory of promissory estoppel.
Contracts Feb. 14, 2005
Andrews v. Mobile Aire Estates
Mobile home owner can sue park for failing to take action against troublesome neighbor.
Contracts Feb. 13, 2005
USA v. $4,224,958.57
Defrauded parties have standing to assert that money recovered by United States from fraudster is held in constructive trust.
Contracts Feb. 11, 2005
Gil v. Mansano
Party who prevailed in tort claim was not entitled to attorney fees under provision in contract.
Contracts Feb. 8, 2005
City of Hope Nat'l Medical Center v. Genentech Inc.
Jury's interpretation of royalty agreement between parties was reasonable in light of evidence.
Contracts Feb. 6, 2005
Baxter v. Salutary Sportsclubs Inc.
Court rejects plaintiff's motion for attorney fees because litigation conferred miniscule benefit on public.
Contracts Jan. 14, 2005
City of Hope Nat'l Medical Center v. Genentech Inc.
Jury's interpretation of royalty agreement between parties was reasonable in light of evidence.
Contracts Jan. 12, 2005
Hartford Casualty Insurance Company v. Mt. Hawley Insurance Company
Insurer of general contractor is not liable for contribution to subcontractor's insurer when general contractor is not liable.
Contracts Jan. 10, 2005
Grace v. Ebay
Written release in eBay's user agreement relieves eBay of liability for failure to remove defamatory material.
Contracts Dec. 14, 2004
Grace v. eBay Inc.
Written release in eBay's user agreement relieves eBay of liability for failure to remove defamatory material.
Contracts Dec. 8, 2004
Building Permit Consultants v. Mazur
Company that lacked license as public insurance adjuster cannot enforce contract to provide insurance litigation support.
Contracts Nov. 30, 2004
Norfolk Southern Railway Co. v. Kirby Pty Ltd.
Liability clause in maritime contract between manufacturer and cargo transporter extends to railway carrier.
Contracts Nov. 16, 2004
Grosso v. Miramax Film Corp.
Court erred in holding that plaintiff's breach of implied contract claim was preempted by Copyright Act.
Contracts Nov. 9, 2004
Nyulassy v. Lockheed Martin Corp.
Arbitration clause in employment agreement is unconscionable for lack of mutuality and for limitation in demand time.
Contracts Oct. 7, 2004
Yuen v. Superior Court (Gemstar-TV Guide Int'l Inc.)
Arbitrator should decide whether parties' arbitration agreement permits consolidation of two proceedings.
Contracts Oct. 7, 2004