all - Opinion Summaries

Jensen v. Quik Int'l

Civil Procedure, Contracts, Dispute Resolution & Arbitration
In a suit for recission of an arbitration clause in a franchise agreement, judgement for plaintiff is reversed where the requirement under the...

MASON v. CENTRAL SUFFOLK HOSP.

Contracts, Health Law, Injury & Tort Law, Remedies
An action for damages may not be based on a violation of medical staff by-laws, unless clear language in the by-laws creates a right to that relief.

PARDI v. KAISER PERMANENTE HOSP.

Contracts, Labor & Employment Law
The California state law litigation privilege does not bar an ADA claim for retaliation based on post-settlement conduct.

NORFOLK SOUTHERN RY. CO. v. KIRBY

Admiralty, Contracts, Injury & Tort Law, International Trade
In a maritime case involving a train wreck, plaintiff-railroad company is protected by the Himalaya Clause in the bill of lading, which extends the...

DELL COMPUTER CORP. v. RODRIGUEZ

Contracts, Labor & Employment Law
In a suit for breach of an employment agreement, judgment in favor of defendant-employer is reversed where the trial court incorrectly ruled that the...

MILLENNIUM PETROCHEMICALS, INC. v. BROWN & ROOT, INC.

Contracts, Injury & Tort Law
In a dispute over an indemnity obligation, judgment in favor of defendant is reversed where the disputed indemnity provision unambiguously provides...

NATIONAL TAX INST., INC. v. TOPNOTCH

Contracts
In a contract provision dispute, summary judgment in favor of defendant is affirmed where the provision was unambiguous and defendant's position was...

KERGOSIEN v. OCEAN ENERGY, INC.

Contracts, Dispute Resolution & Arbitration, Labor & Employment Law
In a dispute over severance benefits, the district court erred in vacating an arbitration award to plaintiffs where the award is rationally inferable...

ENGLAND v. THE SHERMAN R. SMOOT CORP.

Construction, Contracts, Government Contracts, Military Law
The award of compensation to defendant for a delay in the completion of a construction contract is reversed where Armed Services Board of Contract...

O'TOOL v. GENMAR HOLDINGS, INC.

Contracts, Labor & Employment Law, M&A
In a dispute concerning an employment contract, judgment in favor of plaintiffs is affirmed where defendant violated the implied covenant of good...