all - Opinion Summaries

ST. JUDE MED., INC. v. LIFECARE INT'L, INC.

Civil Procedure, Contracts
If a case is transferred, the transferee court only has jurisdiction to review the propriety of the transfer if a motion for retransfer or remand is...

SIREN, INC. v. ESTES EXPRESS LINES

Contracts
Where the shipper drafted the bill of lading and incorporated industry-specific terminology which undisputably includes a limitation of liability then...

FISHMAN v. LASALLE NAT'L BANK

Contracts, Evidence
The judge construes contracts, even in close cases, if only the words need be considered, and the jury does the job under instructions if evidentiary...

BREHM COMMUNITIES v. SUPERIOR COURT (CALDWELL)

Civil Procedure, Contracts
Settling parties must present competent evidence of the value of non-monetary consideration to be transferred by them and that the value of this...

ALLIED ERECTING & DISMANTLING, CO., INC. v. USX CORP.

Contracts
Where a clause in a settlement agreement allows one party the right to review and match the final bids of others, but does not involve collusive price...

ST. PAUL FIRE & MARINE INS. CO. v. GREEN TREE FIN. CORP.-TEXAS

Contracts, Insurance Law
Alleging unlawful debt collection practices potentially states a cause of action covered under commercial insurance policies that do not limit...

WORLDWIDE SEC. SERVICES CORP. v. S. FIN. BANK

Contracts, Injury & Tort Law
Appellant's assertion of claims to funds in which it had no legal interest does not constitute "improper conduct" necessary to support either a...

THE RATCLIFF ARCHITECTS v. VANIR CONSTR. MGMT., INC.

Contracts, Injury & Tort Law
There is no duty of care from the construction manager to the project architect regarding work on construction project and architect is not an "agent"...

TELECOM ITALIA, SPA v. WHOLESALE TELECOM CORP.

Communications Law, Contracts, Dispute Resolution & Arbitration
An arbitration clause does not apply to a claim alleging that defendant tortiously interfered with another contract with a third party, even if the...

WMTC, INC. v. GA BRAUN, INC.

Contracts, Corporation & Enterprise Law
A manufacturer can exercise business judgment, that is neither arbitrary nor malicious, to terminate an implied distributorship agreement under South...