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Theo H. Davies & Co. v. Republic of the Marshall Development Authority Islands
Marshall Islands government agencies loose sovereign immunity when they repeatedly purchased equipment in United States.
Contracts Jun. 14, 2000
Filet Menu Inc. v. C.C.L. & G. Inc. (LeVine)
Contract, induced by fraud, is voidable regardless of whether it is divisible.
Contracts Jun. 1, 2000
Zee Medical Distributor Association Inc. v. Zee Medical Inc.
Contract, which contains language that relationship between parties shall continue until grounds arise for termination, is valid.
Contracts Jun. 1, 2000
Mitchell v. Blue Bird Body Co.
Buyer of new motor vehicle may recover paid finance charges from manufacturer when electing refund remedy under Song-Beverly Consumer Warranty Act.
Contracts Jun. 1, 2000
Prudential Real Estate Affiliates Inc. v. PPR Realty Inc.
Franchise agreement may reserve right of first refusal in franchisor to purchase shares of closely held franchisee.
Contracts May 5, 2000
Castellanos v. Coastal Providers of San Luis Obispo
Doctor may not be dismissed from physician's panel without notice of reasons for dismissal.
Contracts May 5, 2000
U.S. v. Davis
Order
Contracts May 2, 2000
Miller v. Rowtech, LLC
Plaintiffs to file a certificate of review is not jurisdictional.
Contracts May 2, 2000
Centex Golden Construction Co. v. Dale Tile Co.
Under agreement, general contractor is entitled to indemnification for claims filed regarding subcontractor's work, even though there was no negligence on subcontractor's part.
Contracts Apr. 28, 2000
Insurance Co. of North America v. NNR Aircargo Service
When shipping contract is silent as to carrier's liability for lost or damaged goods, invoice terms and conditions may supplement agreement.
Contracts Mar. 30, 2000
Arya Group Inc. v. Cher
Designer's failure to secure signed, written contract for residence construction doesn't preclude breach of contract claim.
Contracts Mar. 3, 2000
The Home-Stake Oil & Gas Co. v. Home-Stake Acquisition Corp.
Order
Contracts Mar. 2, 2000
Denver Parents Association v. Denver Board of Education
Breach of contract claim cannot be maintained against public school district.
Contracts Feb. 9, 2000
Hunger United States Special Hydraulics Cylinders Corp. v. Hardie-Tynes Manufacturing Co.
Order
Contracts Feb. 9, 2000
Johnson v. GC Services Inc.
Dishonored check is considered a 'debt' under Fair Debt Collection Practices Act.
Contracts Feb. 8, 2000
Horton v. Massie
Order
Contracts Feb. 8, 2000
Qualls v. Lake Berryessa Enterprises Inc.
Mobilehome owner is licensee, not tenant, and can sue park owner under breach of contract theory.
Contracts Feb. 3, 2000
Questar Pipeline Co. v. Grynberg
Court may not reduce jury award in case involving take-or-pay gas purchase agreements, where evidence supports jury's calculation of damages.
Contracts Feb. 2, 2000
Valley Casework Inc. v. Comfort Construction Inc.
Non-party to arbitration agreement lacks standing to enforce contract, especially where dispute isn't within scope of contractual arbitration agreement.
Contracts Jan. 28, 2000
Scott System Inc. v. Scott
Dismissal of contract claims improper when issues of material fact were in dispute.
Contracts Jan. 25, 2000
Conner v. Conner
Party's conduct as creditor in bankruptcy proceeding doesn't relieve debtor of performance on promissory note.
Contracts Dec. 30, 1999
Brinton v. Bankers Pension Services Inc.
Settlement agreement's broad release barred pending action against unnamed third-party beneficiary.
Contracts Dec. 30, 1999
Larkin v. Williams, Woolley, Cogswell, Nakazawa & Russell
Partnership agreement's arbitration clause, requiring arbitration of any claim arising out of the partnership agreement, encompasses claim for dissolution of partnership.
Contracts Dec. 30, 1999
Royal Insurance Co. of America v. Southwest Marine
Exculpatory clause in maritime contract can't shield party from liability for gross negligence.
Contracts Dec. 30, 1999
Laxmi Investments LLC v. Golf USA
California Franchise Relations Act, not franchise agreement, governs where venue is proper, especially without parties' meeting of the minds on forum selection.
Contracts Dec. 30, 1999
Smith Barney Inc. v. Harridge
Order
Contracts Dec. 22, 1999
K N Gas Supply Services Inc. v. American Production Partnership-V
Order
Contracts Dec. 10, 1999
International Business Machines Corp. v. Bajorek
Covenant not to compete clause in stock options is valid if scope of covenant is limited.
Contracts Dec. 3, 1999
County of Solano v. Vallejo Redevelopment Agency
Redevelopment Agency's anticipatory breach of contract between agency and county to fund improvements in blighted neighborhood excuses county's performance of conditions precedent.
Contracts Dec. 2, 1999
East Texas Seismic Data v. Seitel Data Inc.
Order
Contracts Dec. 1, 1999