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Goldman v. KPMG LLP
Equitable estoppel not applicable where contractual obligation to arbitrate is unrelated to claims against nonsignatory party.
Contracts Apr. 23, 2009
Millenkamp v. Davisco Foods International Inc.
Court errs in instructing jury that violation of Idaho's milk permeate labeling laws amounted to breach of warranties.
Contracts Apr. 15, 2009
Roman v. Superior Court (Flo-Kem Inc.)
Arbitration provision is not unconscionable where mutual obligation existed to arbitrate all claims arising out of applicant's employment.
Contracts Apr. 14, 2009
Chalk v. T-Mobile USA Inc.
Dismissal of action improper where unseverable class action waiver deemed substantively unconscionable under Oregon law.
Contracts Mar. 30, 2009
Schatz v. Allen Matkins Leck Gamble & Mallory
MFAA's right to trial de novo does not trump contractual obligation to arbitrate disputes pursuant to CAA.
Contracts Mar. 13, 2009
Spinks v. Equity Residential Briarwood Apartments
Summary judgment improper where triable issue exists regarding third-party beneficiary status of apartment resident.
Contracts Mar. 6, 2009
Roodenburg v. Pavestone Co.
Prejudgment interest provision in contract allows for recovery despite uncertainty in amount of damages.
Contracts Feb. 19, 2009
Mundi v. Union Security Life Insurance Co.
Where signatory to agreement bought insurance to pay amounts under agreement, non-signatory insurer may not compel arbitration.
Contracts Feb. 12, 2009
Comedy Club Inc. v. Improv West Associates
Arbitrator's manifest disregard of law is valid ground to vacate arbitration award.
Contracts Jan. 30, 2009
Schatz v. Allen Matkins Leck Gamble & Mallory
MFAA's right to trial de novo does not trump contractual obligation to arbitrate disputes pursuant to CAA.
Contracts Jan. 26, 2009
Taco Bell Corp. v. TBWA Chiat/Day Inc.
Judgment against Taco Bell involving use of Chihuahua character does not obligate advertising agency to indemnify.
Contracts Jan. 25, 2009
Fireman's Fund Insurance Co. v. Sizzler USA Real Property Inc.
Failure to obtain full amount of insurance specified in lease did not void subrogation waiver.
Contracts Dec. 22, 2008
Cardinal Health 301 Inc. v. Tyco Electronics Corp.
'Future performance' exception under UCC Section 2725 only applies when warranty refers to specific future time period.
Contracts Dec. 16, 2008
Brown v. Wells Fargo Bank NA
Trial court's failure to adjudicate plaintiffs' constructive fraud defense to motion to compel arbitration is improper.
Contracts Nov. 28, 2008
Rogers v. Royal Caribbean Cruise Line
Seamen's employment contracts containing arbitration provisions are not exempt from Federal Arbitration Act.
Contracts Nov. 7, 2008
Orix Financial Services Inc. v. Kovacs
Unsecured judgment creditor who does not collude with debtor is 'transferee' who may take deposit account funds free of security interest.
Contracts Oct. 20, 2008
California Coastal Commission v. Allen
Couple that acknowledges assignment of judgment from original creditor has standing to levy on property of debtor not entitled to homestead exemption.
Contracts Oct. 3, 2008
Orix Financial Services Inc. v. Kovacs
Unsecured judgment creditor who does not collude with debtor is 'transferee' who may take deposit account funds free of security interest.
Contracts Oct. 2, 2008
White v. Mayflower Transit
State law claims against interstate carriers are preempted by Carmack Amendment where amount in controversy exceeds $10,000.
Contracts Sep. 15, 2008
Winter v. Window Fashions Professionals Inc.
Arbitration clause is unenforceable where there is no meeting of the minds with respect to clause.
Contracts Sep. 12, 2008
Great Western Drywall Inc. v. Roel Construction Co. Inc.
Prejudgment interest is not due where offsetting claim exceeds liquidated contract claims.
Contracts Sep. 8, 2008
Local Joint Executive Board of Las Vegas v. NLRB
Union dues-checkoff provision falls within 'Katz' unilateral change doctrine, requiring waiver.
Contracts Aug. 28, 2008
County of Santa Clara v. Astra USA Inc.
Covered entities deemed intended beneficiaries of pharmaceutical pricing agreement may enforce manufacturers' ceiling price obligations.
Contracts Aug. 28, 2008
Western Filter Corp. v. Argan Inc.
Ambiguous provision allowing claims to survive closing date for one year is not contractual statute of limitations reducing limitations period under California law.
Contracts Aug. 26, 2008
Carr Business Enterprises Inc. v. City of Chowchilla
Stipulated judicial reference agreement to equally split referee's fees precludes prevailing party from recovering half of referee's fees as costs.
Contracts Aug. 21, 2008
Carr Business Enterprises Inc. v. City of Chowchilla
Attorney fee request is properly denied where prevailing party relies on standard indemnity clause applying only to third-party claims.
Contracts Aug. 21, 2008
Golden West Refining Co. v. SunTrust Bank
Company does not waive right to seek remedy for wrongful dishonor of 'non-perpetual' letter of credit.
Contracts Aug. 19, 2008
Oltman v. Holland America Line Inc.
Equitable tolling is allowed when claim was filed in improper venue despite contractual limitations to the contrary.
Contracts Aug. 19, 2008
RN Solution Inc. v. Catholic Healthcare West
Court improperly denies arbitration of interrelated contract, tort, and battery claims where all parties are direct signatories bound by arbitration agreement.
Contracts Aug. 17, 2008
Thompson v. Toll Dublin
Arbitration agreement is unenforceable against condominium buyers where provisions did not apply to fraud-related claims and were unconscionable.
Contracts Aug. 14, 2008