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Walsh v. West Valley Mission Community College District
Defendant doesn't lose right to present evidence in its defense by dismissing counterclaim in settlement agreement.
Contracts Mar. 11, 1999
Major Clients Agency v. Diemer
Suit for indemnity alleged for professional negligence against attorney fails under equitable indemnity exception.
Contracts Mar. 8, 1999
Edwards v. Macfarlane
Order
Contracts Mar. 5, 1999
Turner v. Superior Court (Kaiser Foundation Health Plan Inc.)
Party must demonstrate economic hardship on the record before cost shifting request will be considered.
Contracts Mar. 2, 1999
R.J. Land and Associates Construction Co. v. Kiewit-Shea
When prime contractor lists two subcontractors for same work, substituted subcontractor can sue.
Contracts Feb. 26, 1999
Winograd v. American Broadcasting Co.
Trial court's interpretation of an agreement stands even when multiple inferences can be drawn.
Contracts Feb. 26, 1999
Oliver v. Bradshaw
Attorney's fees aren't statutorily barred when provision is included in agreement separate from dismissed, underlying action.
Contracts Feb. 19, 1999
M & B Construction v. Yuba County Water Agency
Requiring contractors to have specific license class in order to bid on public contracts isn't an abuse of discretion.
Contracts Feb. 19, 1999
Kibbee v. Blue Ridge Insurance Company
Children spending time with both divorced parents are 'residents' if there is frequency and regular return.
Contracts Feb. 16, 1999
Kibbee v. Blue Ridge Insurance Co.
Children spending time with both divorced parents are 'residents' if there is frequency and regular return.
Contracts Feb. 16, 1999
Southern Colorado MRI LTD. v. Med-Alliance Inc.
Court decision to award expectancy damages and retention of post-breach profits to plaintiff doesn't constitute double recovery.
Contracts Jan. 29, 1999
Ahwatukee Custom Estates Management Association Inc. v. Bach
Successful party in contract action can't recover non-taxable costs as attorney fees under Arizona Revised Statutes.
Contracts Jan. 29, 1999
Electrical Distributors Inc. v. SFR Inc.
Purchase contract with corporation, containing covenant not to compete, is binding on shareholders.
Contracts Jan. 28, 1999
PNL Asset Management Company v. Brendgen & Taylor Partnership
Acknowledgment and partial payment of a debt is sufficient to restart the statute of limitations.
Contracts Jan. 4, 1999
Judiscak v. Digital Equipment Corporation
Order
Contracts Dec. 31, 1998
Finn v. Cook
Order
Contracts Dec. 31, 1998
U.S. v. International Fidelity Ins. Co.
Order
Contracts Dec. 23, 1998
Deasy v. Nations Bank
Order
Contracts Dec. 8, 1998
Welch v. Credit Adjustment
Order
Contracts Dec. 3, 1998
Johnson v. Lynn Hickey Dodge Inc.
Order
Contracts Dec. 2, 1998
Cherry Creek Aviation Inc. v. City of Steamboat Springs
Award of attorney fees under state law inappropriate where claims for willful and wanton conduct brought pursuant to federal law.
Contracts Nov. 26, 1998
Asia Srategic Investment Alliances v. General Electric Capital Services Inc.
Order
Contracts Nov. 24, 1998
U.S. Energy Corp. v. Nukem Inc.
Order
Contracts Oct. 23, 1998
American Pride Co-op v. Seewald
Burden of proving "merchant exception" to statute of frauds lies with party asserting the exception.
Contracts Oct. 16, 1998
Samaritan Health System v. Superior Court (Schwartz)
Doctor's breach of contract claims against hospital are barred by statute.
Contracts Sep. 25, 1998
Riley Manufacturing Co. v. Anchor Glass Container Corp.
Arbitration clause enforceable when superseding merger clause was limited to specific topics.
Contracts Sep. 25, 1998
DCB Construction Co. v. The Central City Development Co.
Commercial landlord isn't liable under unjust enrichment theory to contractor who performed work for tenant.
Contracts Sep. 14, 1998
R.A.S. Builders Inc. v. Euclid & Commonwealth Associates
Commercial landlord isn't liable under unjust enrichment theory to contractor who performed work for tenant.
Contracts Sep. 14, 1998
Ratner v. MRC Partnership
Order
Contracts Sep. 4, 1998
Colorado Interstate Gas Co. v. Chemco Inc.
Payment of judgment does not constitute satisfaction of contract such that refund provisions of contract become operative.
Contracts Sep. 3, 1998