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VALMONT ENERGY STEEL, INC. v. COMMERCIAL UNION INS. CO.

United States Fifth Circuit
Contracts, Insurance Law
The "your product" exclusion in defendants' policies with Continental Manufacturing plainly excluded coverage of the damages suffered by plaintiff as...
02/10/2004 03-40650

THE HOUSTON EXPLORATION CO. v. HALLIBURTON ENERGY SERVS., INC.

United States Fifth Circuit
Contracts, Injury & Tort Law, Oil and Gas Law
Because plaintiff's agent had the implied authority to consent to the release and indemnity provision on defendant's work order, plaintiff is...
02/10/2004 02-30978

ABRAMSON v. JUNIPER NETWORKS, INC.

California Court of Appeal
Contracts, Dispute Resolution & Arbitration, Labor & Employment Law
The arbitration agreement in plaintiff's employment contract is illegal because of its cost-sharing provision. It is procedurally unconscionable...
02/06/2004 H025840

GRAFTON PARTNERS LP v. THE SUPERIOR COURT OF ALAMEDA COUNTY (PRICEWATERHOUSECOOPERS LLP)

California Court of Appeal
Civil Procedure, Contracts, Professional Malpractice
Only the Legislature may prescribe the method for waiving a civil jury; since neither Code of Civil Procedure section 631 nor any other statute...
02/06/2004 A102790

REDONDO CONSTR. CORP. v. PUERTO RICO HIGHWAY & TRANSP. AUTH.

United States First Circuit
Constitutional Law, Construction, Contracts
Defendant's statutory structure indicates that Puerto Rico did not intend it to be treated as an arm of the state, thus it is not entitled to immunity...
02/06/2004 03-1587

GMAC COMMERCIAL CREDIT LLC v. DILLARD DEP'T STORES, INC.

United States Eighth Circuit
Civil Procedure, Contracts
An LLC's citizenship is that of its members for diversity jurisdiction purposes. Remanded for proceedings to determine the parties' citizenship and...
02/06/2004 03-2514, 03-2850

MCIVER v. ST. JOE CORP.

Supreme Court of Florida
Contracts, Property Law & Real Estate, Property Law & Real Estate
Voluntary condemnation can constitute a sale for purposes of a real estate brokerage commission. General contract principles should apply to determine...
02/05/2004 SC02-2491

COLONIAL LIFE & ACCIDENT INS. CO. v. HARTFORD FIRE INS. CO.

United States Eleventh Circuit
Contracts, Injury & Tort Law, Insurance Law
Breach of the enhanced duty of good faith sounds in contract under Alabama law, and Alabama applies the doctrine of lex loci contractus. Plaintiff's...
02/05/2004 03-11688

HI-SHEAR TECH. CORP. v. US

United States Federal Circuit
Contracts, Government Contracts, Remedies
Court of Federal Claims employed a reasonable method of calculating damages arising from the Army's negligent overestimation of its spare parts...
02/02/2004 03-5077

CASA HERRERA, INC. v. BEYDOUN

Supreme Court of California
Contracts, Injury & Tort Law
Terminations based on the parol evidence rule are favorable for malicious prosecution purposes.
02/02/2004 S111998

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