all - Opinion Summaries

FULLER v. HARTFORD LIFE INS. CO.

Civil Procedure, Contracts, Injury & Tort Law, Insurance Law
Where decedent was a lifelong resident of Arkansas, and received credit card insurance application and billing statements there, Arkansas law applied...

SHEEHAN v. MOREHEAD

Bankruptcy Law, Contracts, Insurance Law
Payments made to a Chapter 7 debtor under a privately purchased disability insurance policy are partially exempt from the bankruptcy estate under West...

BLASLAND, BOUCK & LEE, INC. v. CITY OF N. MIAMI

Contracts, Environmental Law
A pay-when-paid clause in a contract between an environmental clean-up company and a city is not enforceable under CERCLA to bar the clean-up company...

CALIFORNIA WHOLESALE MATERIAL SUPPLY, INC. v. NORM WILSON & SONS, INC.

Attorney's Fees, Commercial Law, Contracts
Where a collection action arises out of a construction subcontract, the prevailing party may recover attorney fees if the general construction...

AM-PRO PROTECTIVE AGENCY, INC. v. US

Contracts, Government Contracts
Because the only evidence plaintiff relied on in opposition to summary judgment was an uncorroborated affidavit executed 6 years after the...

NAT'L CITY BANK, N.W. v. COLUMBIAN MUT. LIFE INS. CO.

Banking Law, Contracts, Insurance Law
Where defendant insurance company had a contractual right of recoupment or setoff for unearned premiums advanced to its agent, and the agent also gave...

HAGWOOD v. NEWTON

Contracts, ERISA, Family Law
Because a Premarital Agreement did not comport with ERISA's formal requirements, under 29 U.S.C. section 1055(a), for waiver of spousal rights in a...

ORION FIN. CORP. OF S. DAKOTA v. AMERICAN FOODS GROUP, INC.

Commercial Law, Contracts
Where plaintiff agreed to procure grants and loans for the benefit of defendant in exchange for "flat rate" fees and "success" fees, the plain meaning...

US CELLULAR INVESTMENT CO. OF LOS ANGELES v. GTE MOBILNET, INC.

Communications Law, Contracts, Corporation & Enterprise Law
If the plain language of a partnership agreement's anti-transfer provisions clearly does not restrict the legitimate sale of the stock of a corporate...

SOVAK v. CHIGAI PHARMACEUTICAL CO.

Contracts, Dispute Resolution & Arbitration, Health Law
When an underlying Stock Redemption Agreement contains only a general state choice-of-law, federal law governs the right to compel arbitration, while...