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Name Category Published
DVD Copy Control Association Inc. v. Kaleidescape Inc.
DVD equipment manufacturer is required to adhere to mandatory technical specifications disclosed after license agreement was signed. 		Contracts Aug. 13, 2009
People v. Shetty
Home Equity Sales Contract Act violation subject to four year statute of limitations where offense was alternate misdemeanor felony charge involving fraud. 		Contracts Jun. 22, 2009
Fagelbaum & Heller LLP v. Smylie
Client waives right to nonbinding mandatory fee arbitration where cross-demand requested damages recoverable only upon finding of malpractice. 		Contracts Jun. 18, 2009
Gilbert Street Developers, LLC v. La Quinta Homes LLC
Arbitrators may not decide jurisdiction where arbitration agreement was executed prior to adoption of rule granting such authority. 		Contracts Jun. 15, 2009
Jazayeri v. Mao
Records of 'dead on arrival' chickens in poultry condemnation certificates improperly excluded as hearsay. 		Contracts May 28, 2009
El Centro Mall LLC v. Payless Shoesource Inc.
Tenant fails to show that liquidated damages clause was unenforceable where lessor estimated damages from loss of patronage. 		Contracts May 21, 2009
First National Insurance Co. v. Cam Painting Inc.
Loss may not be allocated to obligee's bond where obligee was principal on another one of surety's bonds. 		Contracts May 18, 2009
321 Henderson Receivables Origination LLC v. Sioteco
Anti-assignment provisions in settlement agreements do not bar transactions between factoring company and structured settlement payees. 		Contracts May 6, 2009
Goldman v. KPMG LLP
Equitable estoppel not applicable where contractual obligation to arbitrate is unrelated to claims against nonsignatory party. 		Contracts Apr. 23, 2009
Millenkamp v. Davisco Foods International Inc.
Court errs in instructing jury that violation of Idaho's milk permeate labeling laws amounted to breach of warranties. 		Contracts Apr. 15, 2009
Roman v. Superior Court (Flo-Kem Inc.)
Arbitration provision is not unconscionable where mutual obligation existed to arbitrate all claims arising out of applicant's employment. 		Contracts Apr. 14, 2009
Chalk v. T-Mobile USA Inc.
Dismissal of action improper where unseverable class action waiver deemed substantively unconscionable under Oregon law. 		Contracts Mar. 30, 2009
Schatz v. Allen Matkins Leck Gamble & Mallory
MFAA's right to trial de novo does not trump contractual obligation to arbitrate disputes pursuant to CAA. 		Contracts Mar. 13, 2009
Spinks v. Equity Residential Briarwood Apartments
Summary judgment improper where triable issue exists regarding third-party beneficiary status of apartment resident. 		Contracts Mar. 6, 2009
Roodenburg v. Pavestone Co.
Prejudgment interest provision in contract allows for recovery despite uncertainty in amount of damages. 		Contracts Feb. 19, 2009
Mundi v. Union Security Life Insurance Co.
Where signatory to agreement bought insurance to pay amounts under agreement, non-signatory insurer may not compel arbitration. 		Contracts Feb. 12, 2009
Comedy Club Inc. v. Improv West Associates
Arbitrator's manifest disregard of law is valid ground to vacate arbitration award. 		Contracts Jan. 30, 2009
Schatz v. Allen Matkins Leck Gamble & Mallory
MFAA's right to trial de novo does not trump contractual obligation to arbitrate disputes pursuant to CAA. 		Contracts Jan. 26, 2009
Taco Bell Corp. v. TBWA Chiat/Day Inc.
Judgment against Taco Bell involving use of Chihuahua character does not obligate advertising agency to indemnify. 		Contracts Jan. 25, 2009
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
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