all - Opinion Summaries

CLEARLY CANADIAN BEVERAGE CORP. v. AM. WINERY, INC.

Contracts
Contract that stated beverage company would have bottler fill orders "according to business projections" did not guarantee volume in the amount...

DONOVAN v. RRL CORP.

Contracts
A typographical error in a newspaper advertisement for the price of a car may constitute a valid contract under Vehicle Code section 11713.1(e), but a...

LANDMARK LAND CO., INC. v. FED. DEPOSIT INS. CORP.

Banking Law, Contracts, Remedies
Determining the amount of government restitution using the value of the benefits received by the government due to the plaintiff's performance is an...

GLASS v. US

Contracts
Intent of the parties to the contract is not sufficient to make them third party beneficiaries because in order to prove third party beneficiary...

OPERATING ENG'RS LOCAL 139 HEALTH BENEFIT FUND v. GUSTAFSON CONSTR. CORP.

Contracts, ERISA
Where a party acts in conformance with the terms of a successor contract, the fact that it never executed the successor contract does not necessarily...

IMPERIAL HOTELS, CORP. v. DORE

Commercial Law, Contracts
Michigan law on novations looks to the subjective intent of all the parties and a creditor's agreement to have a third party assume debt does not...

EINHORN v. FLEMING FOODS OF PENNSYLVANIA, INC.

Contracts, ERISA
Although a literal interpretation of a provision in a collective bargaining agreement may be reasonable, if another interpretation is also reasonable,...

NAT'L ENVTL. SERV. CO. v. RONAN ENG'G CO.

Contracts, Evidence
In a breach of contract case, evidence that defendant's internal policy required consultation with its engineering department before entering into a...

RED SAGE LTD. P'SHIP v. DESPA DEUTSCHE SPARKASSEN

Contracts, Property Law & Real Estate
A 50% rent abatement for breach of an exclusive covenant, in a lease negotiated by sophisticated parties, is not an unreasonable estimate of damages...

SULZER CARBOMEDICS, INC. v. OREGON CARDIO-DEVICES, INC.

Contracts, Injury & Tort Law
Where defendant knew about plaintiff's contracts and defendant's lawyers drafted an agreement that explicitly contemplated a violation of covenants...