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Neptune Orient Lines Ltd. v. FMS Burlington Northern and Santa Fe Railway Co.
Carriers of foreign goods lost or stolen in transport are liable for property's market value at destination had it arrived safely.
Contracts Aug. 5, 2000
Berman v. Health Net
Health Maintenance Organization waives right to compel arbitration where extensive discovery prejudices opposing party
Contracts Aug. 4, 2000
Rakestraw v. California Physicians' Service
Private health care contract requiring copayment for inpatient pregnancy services doesn't violate statute prohibiting use of copayments because of sex.
Contracts Aug. 4, 2000
Duggal v. Future Telcom Inc.
Contract is unenforceable under filed-rate doctrine if terms deviate from schedule filed with FCC.
Contracts Aug. 4, 2000
Collins Development Company v. D.J. Plastering, Inc.
Subcontractor sued for indemnity has right for jury to hear portion of claim allocating liability between itself and other subcontractors.
Contracts Aug. 4, 2000
Cerritos Valley Bank v. Stirling
Guarantor's predefault waiver of notice of collateral sale is void.
Contracts Aug. 4, 2000
Maule v. Sooner Truck Sales
Order
Contracts Aug. 2, 2000
Portland General Electric Company v. HA U.S. Bank Trust National Association
Oregon law, not Federal Arbitration Act, governs challenge to final appraisal decision issued pursuant to commercial contract which specified state law as controlling.
Contracts Jul. 24, 2000
Mobil Oil Exploration & Producing Southeast Inc. v. United States
Party contracting with the government is entitled to restitution if the government substantially breaches contract or communicates intent to do so.
Contracts Jul. 5, 2000
Mobil Oil Exploration v. United States
Passage of federal legislation effectively delaying regulatory approval of exploration operations is not material breach of federal offshore oil and gas lease.
Contracts Jul. 5, 2000
Maggio v. Windward Capital Management Co.
Party to contract may not seek arbitration through association other than one specified in agreement.
Contracts Jun. 30, 2000
Milner v. Colonial Trust Co.
Transfer of livestock not ineffective without bill of sale.
Contracts Jun. 30, 2000
Toth v. Gates Rubber Co.
Order
Contracts Jun. 29, 2000
Toth v. Gates Rubber Co.
Order
Contracts Jun. 29, 2000
Pegram v. Herdrich
Mixed treatment and eligibility decisions by HMO physicians are not fiduciary decisions under ERISA.
Contracts Jun. 21, 2000
Harris Trust and Savings Bank v. Salomon Smith Barney Inc.
Civil actions to redress ERISA Title I violations are not limited to fiduciary defendants.
Contracts Jun. 21, 2000
U.S. v. Donneville Distributing
Order
Contracts Jun. 21, 2000
Barlow & Haun Inc. v. McPeek
Order
Contracts Jun. 15, 2000
Theo H. Davies & Co. Ltd. v. Republic of the Marshall Islands
Marshall Islands government agencies loose sovereign immunity when they repeatedly purchased equipment in United States.
Contracts Jun. 14, 2000
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