Latest News

by

RSS FindLaw Opinion Summaries – Contracts

  • Soarus LLC v. Bolson Materials International Corp. October 1, 2018
    (United States Seventh Circuit) - Held that a company did not violate a nondisclosure agreement by including particular information in a patent application for a 3D printing process. Affirmed summary judgment against a breach-of-contract claim brought by the other party to the nondisclosure agreement, a distributor of specialty polymers.
  • Sumner v. Simpson University September 25, 2018
    (California Court of Appeal) - Held that a fired theological seminary dean's claim for breach of contract was not barred by the ministerial exception, a doctrine that prevents ministers from bringing certain types of claims against their employers, because there was no evidence that the claim would excessively entangle the court in religious matters. Reversed […]
  • Fuentes v TMCSF, Inc. August 23, 2018
    (California Court of Appeal) - Affirmed. Plaintiff entered into a written agreement to purchase a motorcycle at the same time he entered into an agreement with a bank to finance the purchase of the motorcycle. The agreement with the bank had an arbitration clause, but the agreement to purchase the motorcycle did not. In affirming, […]
  • Yei Sun v Advanced China Healthcare August 22, 2018
    (United States Ninth Circuit) - Affirmed the district court's dismissal of a diversity action filed in Washington based on a forum-selection clause in the share purchase agreements that required adjudication in California. The Ninth Circuit reasoned that plaintiffs had not met their burden of exceptional circumstances to overcome the forum selection clause.
  • Labatte v. US August 16, 2018
    (United States Federal Circuit) - Reversed and remanded where the plaintiff appealed from a judgment of the Court of Federal Claims which had dismissed his complaint for lack of subject-matter jurisdiction. In reversing and remanding, the Federal Circuit held that the court erred in concluding that it lacked jurisdiction.
  • Packsys, S.A. de C.V. v. Exportadora De Sal, S.A. de C.V. August 15, 2018
    (United States Ninth Circuit) - Affirmed dismissal of a breach-of-contract suit against a Mexican-government-owned salt production company (ESSA) on sovereign immunity grounds. The plaintiff corporation alleged that ESSA breached a long-term, multimillion-dollar contract to sell the briny residue of its salt production process. Agreeing with the district court, the Ninth Circuit held that ESSA was […]
  • Monster Energy Co. v. Schechter August 13, 2018
    (California Court of Appeal) - Held that plaintiff's counsel was not liable for breaching a provision in a settlement agreement requiring him to keep the settlement confidential. Upon being sued by the other settling party for speaking with the online news media about this product liability case, the plaintiff's counsel filed a SLAPP motion. On […]
  • Colaco v. Cavotec SA August 10, 2018
    (California Court of Appeal) - Held that two merging companies both breached an asset purchase agreement. The buyer and seller each argued that the other party had breached their agreement. On appeal, the Fourth Appellate District held that the seller's breach of certain post-closing obligations did not excuse the buyer from its obligation to pay […]
  • Rojas-Buscaglia v. Taburno-Vasarhelyi July 24, 2018
    (United States First Circuit) - Affirmed a judgment in a contract dispute between two art dealers who were business partners. Following a bench trial, the district court entered judgment for the defendant on several of her counterclaims against her former business partner, awarded her over $400,000 in damages, and ordered her to provide him certificates […]
  • Conte v. Emmons July 10, 2018
    (United States Second Circuit) - Reversed the denial of a post-trial JMOL motion. In overturning a $1.3 million jury verdict, the appeals court held that a business owner failed to prove that two prosecutors and an investigator in the Nassau County District Attorney's Office tortiously interfered with his contracts in violation of New York law […]