all - Opinion Summaries

MCCORMICK v. AIRCRAFT MECHS. FRATERNAL ASS'N

Contracts, Labor & Employment Law, Transportation
Plaintiffs' former union owed them no duty of fair representation; breach-of-contract claim against employer was preempted by the Railway Labor Act.

KEENER v. CONVERGYS CORP.

Civil Procedure, Contracts, Labor & Employment Law
Upon certification from the Supreme Court of Georgia, the district court abused its discretion when it enjoined defendant from seeking to enforce a...

OWNER-OPERATOR INDEP. DRIVERS ASS'N, INC. v. NEW PRIME, INC.

Commercial Law, Consumer Protection Law, Contracts
The Interstate Commerce Commission Termination Act of 1995 is not retroactive, and does not grant a private right of action to parties to leases...

WESTCHESTER FIRE INS. CO. v. HASPEL-KANSAS INV. P'SHIP

Contracts, Injury & Tort Law, Landlord Tenant Law, Property Law & Real Estate
In an insurer's subrogation action, the district court did not err in its "cause in fact" analysis under Louisiana law, finding that a shopping center...

BENCHMARK ELECS., INC. v. J.M. HUBER CORP.

Civil Procedure, Contracts, Corporation & Enterprise Law, Injury & Tort Law
While New York law governs a breach of contract claim brought by the purchaser of a subsidiary pursuant to the parties' contractual choice, Texas law...

J.D. COUSINS & SONS, INC. v. HARTFORD STEAM BOILER INSPECTION & INS. CO.

Admiralty, Contracts
Summary judgment dismissal of a complaint for breach of contract to provide inspection services is affirmed, even where the inspector's satisfaction...

M. PEREZ CO., INC. v. BASE CAMP CONDO. ASS'N NO. ONE

Attorney's Fees, Construction, Contracts, Property Law & Real Estate
In cases where attorneys' fees are sought for the cost of underlying contract litigation, a prevailing party is entitled to attorneys' fees only if it...

TRAVELERS INDEM. CO. v. ACCURATE AUTOBODY, INC.

Civil Procedure, Contracts, Insurance Law
The failure of appellant and cross-appellant to include a disputed insurance policy in the record on appeal deprives them of the right to challenge...

ALEXANDER v. ANTHONY INT'L, L.P.

Contracts, Dispute Resolution & Arbitration, Labor & Employment Law
An arbitration agreement contained in an hourly employment contract was unenforceable due to procedural and substantive unconscionability under Virgin...

JARAMILLO v. JH REAL ESTATE PARTNERS, INC.

Contracts, Dispute Resolution & Arbitration, Injury & Tort Law, Landlord Tenant Law, Property Law & Real Estate
In a negligence action alleging failure to remove toxic mold and breach of the implied warranty of habitability, the arbitration clause within the...