all - Opinion Summaries

S. WALLACE EDWARDS & SONS, INC. v. THE CINCINNATI INS. CO.

Contracts, Insurance Law
District court was correct in its construction of the insurance policy and in its view of the evidence; no duty of minimizing damages would require...

COLON v. R.K. GRACE & CO.

Contracts, Corporation & Enterprise Law, Dispute Resolution & Arbitration
Defendant unsuccessfully appeals district court's refusal to recognize any of three arbitration provisions it allegedly entered into with the...

VLIW TECH., LLC v. HEWLETT-PACKARD CO.

Contracts, Intellectual Property, Trade Secrets
Court of Chancery erred in granting two 12(b)(6) motions to dismiss plaintiff's breach of contract complaint. Contract provisions regarding...

KNOTT v. PROVIDENT LIFE AND ACCIDENT INS. CO.

Contracts, Insurance Law, Labor & Employment Law
Because plaintiff was able to perform some of the important and usual duties of his occupation as a physician, he was not "totally disabled" under the...

DALLAS AEROSPACE, INC. v. CIS AIR CORP.

Commercial Law, Contracts
Summary judgment was properly granted to defendant on claims of breach of contract, fraudulent misrepresentation, and negligent misrepresentation. The...

ALEXANDER v. SUPERIOR COURT OF SANTA CLARA COUNTY (THE BRIX GROUP, INC.)

Civil Procedure, Contracts
To the extent a venue selection clause disrupts statutory venue provisions it is void as against the legislatively declared public policy fixing the...

SAINT AGNES MED. CTR. v. PACIFICARE OF CALIFORNIA

Contracts, Dispute Resolution & Arbitration, Health Law
Bertero v. Superior Court (1963) 216 Cal.App.2d 213 is outdated and should be disapproved to the extent it holds that a party's repudiation of a...

NATIONWIDE MUT. INS. CO. v. RILEY

Contracts, Insurance Law
Summary judgment was properly entered for plaintiff, who had no obligation to pay underinsured motorist benefits to defendant under her father's...

MILLER v. MILLS CONSTR., INC.

Construction, Contracts, Remedies
District court properly awarded damages and prejudgment interest to plaintiff. Defendant materially breached the contract by providing defective...

WARD GENERAL INS. SERVICES, INC. v. THE EMPLOYERS FIRE INS. CO.

Contracts, Cyberspace Law, Insurance Law
Plaintiff's loss of stored computer data, resulting in economic loss but no loss or damage to tangible property, was not a "direct physical loss" and...