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Franz v. Rice (Estate of Nelson)
Recession or reformation of sale contract not required when party assumed risk of mistake.
Contracts Nov. 6, 2000
Kotlar v. Hartford Fire Insurance Co.
Commercial insurer is required to notify all insureds of policy cancellation or continue coverage even in absence of premium payments.
Contracts Nov. 2, 2000
Coast Plaza Doctors Hospital v. Blue Cross of California
Hospital must submit to arbitration with insurance company as required by service agreement even though dispute involves tort claims.
Contracts Oct. 26, 2000
US Energy Corp. v. Nukem Inc.
Order
Contracts Oct. 24, 2000
Dunlop Tire Corp. v. I.M.E. of Miami Inc.
Order
Contracts Oct. 17, 2000
Childress Buick Co. v. O'Connell
Buyer who possessed vehicle but failed to obtain credit approval was not owner of vehicle at time of accident.
Contracts Oct. 8, 2000
Cariveau v. Halferty
Nondisclosure clause violating public policy and 1934 Securities and Exchange Act is unenforceable.
Contracts Oct. 3, 2000
R.P. Richards Inc. v. Chartered Construction Corp.
Subcontractor entitled to attorney fees in cause of action against contractor's surety released by settlement agreement between contractor and subcontractor.
Contracts Oct. 3, 2000
State v. Honorable Michael O. Wilkinson
Unlicensed contractor is not obligated to pay restitution to homeowners because losses were attributable to shoddy work, not failure to obtain license.
Contracts Sep. 26, 2000
Ridgley v. Topa Thrift and Loan Association
Penalty triggered by prepayment on a loan is not an invalid late charge or forfeiture.
Contracts Sep. 21, 2000
Moore v. First Bank of San Luis Obispo
Arbitrators don't exceed their power, even when their decisions erroneously ignore contractually agreed upon terms.
Contracts Sep. 21, 2000
Oakland Raiders v. National Football League
Arbitration for trademark dilution action isn't available where remedy sought is injunctive relief.
Contracts Sep. 21, 2000
Atlantic Richfield Co. v. Farm Credit Bank of Wichita
Language of contracts may allow oil company to deduct costs of transporting gas from royalty payments.
Contracts Sep. 20, 2000
Moore v. First Bank
Arbitrators do not exceed their power, even when their decisions erroneously ignore contractually agreed upon terms.
Contracts Sep. 20, 2000
Oakland Raiders v. National Football League
Arbitration for trademark dilution action isn't available where remedy sought is injunctive relief.
Contracts Sep. 20, 2000
State v. Honorable Michael O. Wilkinson
Unlicensed contractor is not obligated to pay restitution to homeowners because losses were attributable to shoddy work, not failure to obtain license.
Contracts Sep. 19, 2000
Ad Two Inc. v. City and County of Denver
Court upholds hearing officer's interpretation of contract and refuses to use hypertechnical reading that would defeat parties' intent.
Contracts Sep. 19, 2000
Cable & Computer Technology Inc. v. Lockheed Sanders Inc.
Summary judgment is not proper when genuine issue of material fact exists as to whether there is enforceable oral agreement between parties.
Contracts Aug. 25, 2000
Dunkin v. Boskey
Unmarried father's parental rights to child born out of artificial insemination cannot be terminated by mother on grounds of promissory estoppel.
Contracts Aug. 18, 2000
Thrifty Rent-A-Car System v. Best Leasing, Inc.
Order
Contracts Aug. 15, 2000
Heuser v. Kephart
City attorney's offer to recommend city council approve a contract not sufficient consideration to bind consumers to a settlement agreement.
Contracts Aug. 8, 2000
Mimaco v. Maison Faurie Antiquities
Order
Contracts Aug. 8, 2000
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