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Name Category Published
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
Prouty v. Gores Technology Group
Employees of purchased company are third-party beneficiaries to provision requiring purchaser to continue employment despite provision limiting third-party beneficiaries. 		Contracts Oct. 7, 2004
Brasher's Cascade Auto Auction v. Valley Auto Sales and Leasing
Merchant buyer must adhere to reasonable commercial standards to be buyer in ordinary course under 2000 California Uniform Commercial Code. 		Contracts Oct. 6, 2004
Keystone Land & Development Co. v. Xerox Corp.
Plaintiff presented insufficient evidence of formation of contract under Washington law. 		Contracts Oct. 5, 2004
Assurance Co. of America v. Wall & Associates LLC of Olympia
Washington insurance policy that covers direct physical loss of collapse caused by hidden decay also covers imminent collapse. 		Contracts Sep. 28, 2004
Yuen v. Superior Court (Gemstar-TV Guide International Inc.)
Arbitrator should decide whether parties' arbitration agreement permits consolidation of two proceedings. 		Contracts Sep. 3, 2004
United States 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 Aug. 26, 2004
Gil v. Mansano
Party who prevailed in tort claim was not entitled to attorney fees under provision in contract. 		Contracts Aug. 24, 2004
Agosta v. Astor
Defendant induced plaintiff into entering employment contract by misrepresenting terms of agreement. 		Contracts Aug. 24, 2004
The Lundin/Weber Co. LLC. v. Brea Oil Co. Inc.
Court did not err in deciding covenants for further exploration should not be implied in oil and gas leases. 		Contracts Aug. 15, 2004
Televisa S.A. De C.V. v. DTVLA WC Inc.
Parties are bound by arbitration clause in principal agreement despite fact that claim arose out of different agreement. 		Contracts Aug. 10, 2004
Superior Gunite v. Mitzel
Court's decision based on plaintiff's contract claim against defendant was incorrect for want of privity between parties. 		Contracts Aug. 8, 2004
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