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FIT TECH, INC. v. BALLY TOTAL FITNESS HOLDING CORP.

United States First Circuit
Contracts, Dispute Resolution & Arbitration
In a dispute arising out of the sale of a business, the court found that arbitration should not have priority over litigation of common disputed...
07/01/2004 03-2622

MULTIMEDIA 2000 INC. v. ATTARD

United States Sixth Circuit
Contracts
Defendants had not unconditionally assigned their stock and were therefore personally liable for the balance of the corporation's debt pursuant to the...
07/01/2004 03-5033

OBLIX, INC. v. WINIECKI

United States Seventh Circuit
Contracts, Dispute Resolution & Arbitration
Court upheld a form contract arbitration provision in relation to plaintiff's employment and Title VII suit, because a party who is challenging the...
06/30/2004 03-2794

DEAN WITTER REYNOLDS INC. v. THE VARIABLE ANNUITY LIFE INS. CO.

United States Tenth Circuit
Contracts, Injury & Tort Law
In a case where a check was stolen from the mail by an unknown party before it was received by the proper recipient, the court found summary judgment...
06/29/2004 02-1418

AOZORA BANK, LTD. v. 1333 NORTH CALIFORNIA BOULEVARD

California Court of Appeal
Attorney's Fees, Contracts, Environmental Law, Property Law & Real Estate
A real estate lender cannot recover attorney's fees for prevailing in a bad faith waste action against the borrower where the loan documents provide...
06/29/2004 A101382

BRENNAN'S INC. v. DICKIE BRENNAN & CO. INC.

United States Fifth Circuit
Contracts, Intellectual Property, Trademark
Court affirmed plaintiff's damages recovery on its contract claim, and ruled plaintiff was not barred from pursuing a trademark claim in a dispute...
06/29/2004 03-30470

CASTELLANO v. WAL-MART STORES, INC.

United States Seventh Circuit
Contracts, Property Law & Real Estate
Court rejected plaintiff's breach of contract, breach of fair dealing, and fraud claims in connection with her attempt to settle a dispute arising out...
06/24/2004 03-2953

BFGC ARCHITECTS PLANNERS, INC. v. FORCUM/MACKEY CONSTR., INC

California Court of Appeal
Construction, Contracts
In a construction contract dispute, the lower court did not err by holding that plaintiff's claims for implied indemnity required a predicate tort.
06/22/2004 G032543

MCWAYNE INC. v. FIDELITY & DEPOSIT CO. OF MARYLAND

United States Sixth Circuit
Construction, Contracts
In a construction contract dispute, the district court erred in determining that plaintiff impaired a party's suretyship status when it endorsed...
06/22/2004 02-4152, -4225

NETWORK TWO COMMUNICATIONS GROUP v. SPRING VALLEY MARKETING

United States Sixth Circuit
Contracts, Cyberspace Law
In a contract dispute between a web hosting company and an internet service provider, the court found the contract's damage limitation provisions...
06/18/2004 03-1283

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