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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
Cussler v. Crusader Entertainment LLC
Author is entitled to restitution after film producer collected on flawed judgment finding author acted in bad faith regarding film rights contract.
Contracts Jan. 9, 2013
Cussler v. Crusader Entertainment LLC
Author is entitled to restitution after film producer collected on flawed judgment finding author acted in bad faith regarding film rights contract.
Contracts Dec. 23, 2012
Nitro-Lift Technologies L.L.C. v. Howard
Oklahoma Supreme Court improperly ignores Federal Arbitration Act’s substantive arbitration law by deciding whether non-competition agreement is invalid.
Contracts Nov. 27, 2012
Sargon Enterprises Inc. v. University of Southern California
In contractual dispute between dental implant company and university, expert witness testimony regarding lost profits is too speculative to be allowed.
Contracts Nov. 27, 2012
Douglas E. Barnhart Inc. v. CMC Fabricators Inc.
Subcontractor may recover attorney fees from contractor after proving they never entered into contract following submission of bid.
Contracts Nov. 21, 2012
Kyablue v. Watkins
Professional gambler, who agreed to fund his friend’s legal gambling, may sue to recover funds because he reserved the right to terminate agreement.
Contracts Nov. 7, 2012
Wanke, Industrial, Commercial, Residential Inc. v. Superior Court (Keck)
Under valid settlement agreement, former employee may not solicit company’s customers, who were specified on list contained in agreement.
Contracts Oct. 30, 2012
Fink v. Shemtov
In debt collection case where creditor assigned its claims, agreement to split proceeds of lawsuit with assignee does not invalidate assignment.
Contracts Oct. 25, 2012