all - Opinion Summaries

ROCHESTER FORD SALES, INC. v. FORD MOTOR CO.

Contracts, Consumer Protection Law
A general release provision in a sales-and-service agreement between an automobile manufacturer and its licensed dealer was supported by sufficient...

MICHIGAN S. R.R. CO. v. BRANCH & ST. JOSEPH COUNTIES RAIL USERS ASS'N, INC.

Civil Procedure, Contracts, Transportation
No federal question subject matter jurisdiction exists where plaintiff essentially seeks specific performance of an agreement for use and maintenance...

VOEST-ALPINE TRADING USA CORP. v. BANK OF CHINA

Banking Law, Civil Procedure, Contracts
In a diversity suit regarding the validity of a letter of credit, defendant's notice of refusal was improper where rejection was ambiguous and not...

SZETELA v. DISCOVER BANK

Banking Law, Class Actions, Contracts, Consumer Protection Law, Dispute Resolution & Arbitration
The arbitration agreement in a credit cardholder agreement is unconscionable and unenforceable, to the extent it prohibits class treatment of small...

ORCA YACHTS, LLC v. MOLLICAM, INC.

Civil Procedure, Contracts
Res judicata will bar an appeal from summary judgment in a contract action brought by appellant in Virginia district court, after a default judgment...

SEABURY CONSTR. v JEFFREY CHAIN CORP.

Contracts
Dismissal of a contract breach action was improper where the district court's interpretation of testing protocol incorporated into a purchase order...

BERRY v. EXCEL GROUP, INC.

Contracts, Labor & Employment Law
In a suit against a sub-contractor by its employee seeking to have a "per diem" counted as regular pay rather than reimbursement, thus raising his...

R.C. BIGELOW, INC. v. LIBERTY MUT. INS. CO.

Commercial Law, Contracts, Insurance Law, Intellectual Property, Trade Dress
Under Connecticut law, the "advertising injury" provision of liability insurance policy obligated insurer to defend a claim that its insured infringed...

GANNETT CO., INC. v. THE CLARK CONSTR. GROUP, INC.

Civil Procedure, Contracts
Despite the existence of parallel proceedings in state and federal court, "exceptional circumstances" did not exist to warrant district court's...

RIDGE RUNNER FORESTRY v. VENEMAN

Agriculture, Contracts
Where a Tender Agreement between the government and a fire protection company contained only illusory promises, no contract had actually been formed,...