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Smith v. JEM Group Inc.
Debt-relief company must face claims in federal court, rather than arbitration, even if consumer failed to initially attack arbitration clause in her complaint.
Contracts Dec. 12, 2013
Avidity Partners LLC v. State of California
Commercial lumber producer cannot force California to guarantee forestland harvest level when state never agreed to do so in historic Headwaters Agreement.
Contracts Dec. 4, 2013
Powerhouse Motorsports Group Inc. v. Yamaha Motor Corp. U.S.A.
Yamaha Motor Corp. unreasonably withholds its consent to sale of motorcycle dealership and franchise to another dealer.
Contracts Nov. 26, 2013
Moncada v. West Coast Quartz Corp.
Defunct company’s employees may pursue contract claim against former owners, who promised to pay them hefty bonuses if they stayed until sale of company.
Contracts Nov. 24, 2013
McGuire v. More-Gas Investments LLC
Real estate seller must pay $80,000 back to buyer due to failure to ensure neighbors would not be allowed to build around road leading up to property.
Contracts Oct. 16, 2013
Eden Township Healthcare District v. Eden Medical Center
Nonprofit corporation is entitled to attorney fees because it successfully enforced agreement with public healthcare agency regarding sale of hospital.
Contracts Oct. 10, 2013
HM DG Inc. v. Amini
Homeowner and remodeling company must arbitrate dispute over quality of work regardless of whether their agreement identified an arbitrator.
Contracts Sep. 23, 2013
Brown Bark III LP v. Haver
New company recovers some of its attorney fees after proving that it was not formed just to avoid debts of its founder's former company.
Contracts Sep. 16, 2013
Little v. Pullman
Co-owner of rights to royalty stream from bankruptcy estate of deceased actor from The Jeffersons may not arbitrate dispute with other co-owner.
Contracts Sep. 10, 2013
Hebberd-Kulow Enterprises Inc. v. Kelomar Inc.
In dispute where company refused to pay for shipments of agricultural supplies, court must view all evidence before interpreting parties’ contracts.
Contracts Jul. 26, 2013
United States for the Use and Benefit of Air Control Technologies Inc. v. Pre Con Industries Inc.
Subcontractor’s complaint to recover on payment bond for federal construction project under Miller Act survives dismissal despite one-year limitations period.
Contracts Jul. 1, 2013
Alaska Rent-A-Car Inc. v. Avis Budget Group Inc.
Rental car company licensee may sue rental car company licensor for violating settlement agreement by operating rival company within licensed territory.
Contracts Jun. 20, 2013
Series AGI West Linn of Appian Group Investors DE LLC v. Eves
Although surety specifically excluded house in Italy from guaranty, proceeds from sale of house are not excluded when surety answers for guaranty.
Contracts Jun. 17, 2013
Maynard v. BTI Group Inc.
Under listing agreement, business owner is entitled to attorney fees after court found that broker was negligent, but did not breach contract.
Contracts May 30, 2013
Rajagopalan v. NoteWorld LLC
Debtor does not have to arbitrate claims against payment processor under contract with debt settlement company because processor was not a contract beneficiary.
Contracts May 21, 2013
Sargon Enterprises Inc. v. University of Southern California
Dental implant manufacturer is not entitled to new trial on lost profits after California Supreme Court agreed that trial court properly excluded its expert's testimony on that issue.
Contracts May 3, 2013
Petersen v. Boeing Co.
Flight instructor may not have to sue former employer in Saudi Arabia when he had legitimate concerns about enforceability of clause requiring litigation there.
Contracts Apr. 29, 2013
Serpa v. California Surety Investigations Inc.
Company’s ability to revise employee handbook at its sole discretion without notice does not render arbitration agreement illusory or unenforceable.
Contracts Apr. 29, 2013
Vasquez v. Greene Motors Inc.
Arbitration clause in sales contract for purchase of used car is enforceable because there was only minimal degree of procedural unconscionability.
Contracts Apr. 25, 2013
Serpa v. California Surety Investigations Inc.
Company’s ability to revise employee handbook at its sole discretion without notice does not render arbitration agreement illusory or unenforceable.
Contracts Apr. 22, 2013
Kilgore v. KeyBank National Association
Former students of failed flight-training school must arbitrate their claims against bank that originated their student loans based on promissory notes.
Contracts Apr. 12, 2013
Vasquez v. Greene Motors Inc.
Arbitration clause in sales contract for purchase of used car is enforceable because there was only minimal degree of procedural unconscionability.
Contracts Mar. 29, 2013
Compton v. Superior Court (American Management Service LLC)
Former employee does not have to arbitrate class action when arbitration agreement signed as condition of employment was unconscionable.
Contracts Mar. 20, 2013
Vivian v. Labrucherie
Ex-husband's claim alleging ex-wife's statements to his employer breached their settlement agreement fails because they were made during internal investigation.
Contracts Mar. 8, 2013
Alaska Rent-A-Car Inc. v. Avis Budget Group Inc.
Rental car company licensee may sue rental car company licensor for violating settlement agreement by operating rival company within licensed territory.
Contracts Mar. 7, 2013
Lafferty v. Wells Fargo Bank
Buyers of allegedly defective motor home may assert claims against lender bank that they otherwise had against dealership under installment contract.
Contracts Feb. 28, 2013
Natalini v. Import Motors Inc.
Car dealer may not compel arbitration of dispute with car buyer because arbitration provision in sales contract was oppressive and one-sided.
Contracts Feb. 6, 2013
Lafferty v. Wells Fargo Bank
Buyers of allegedly defective motor home may assert claims against lender bank that they otherwise had against dealership under installment contract.
Contracts Feb. 5, 2013
Bell v. Feibush
Lender who was induced into loan under false pretenses may recover triple the amount she lent, even if perpetrator was never criminally convicted.
Contracts Jan. 15, 2013
Riverisland Cold Storage Inc. v. Fresno-Madera Production Credit Association
Limitation on fraud exception to parol evidence rule is invalid because it fails to account for fraud undermining validity of agreements.
Contracts Jan. 14, 2013