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RSS FindLaw Opinion Summaries – Contracts

  • Quidel Corporation v. Super. Ct August 29, 2019
    (California Court of Appeal) - Granted writ of mandate and directed trial court to vacate order granting summary adjudication motion. The appeals court held that the trial court’s per se application of Business and Professions Code section 16600 to the contract in question was incorrect.
  • McClain v. Kissler August 29, 2019
    (California Court of Appeal) - Affirmed. Plaintiff filed suit alleging that Defendant failed to pay them for their work growing marijuana as agreed under a contract. Defendant failed to file a responsive pleading. The trial court ordered Plaintiff to take the Defendant’s default by a specified date. The default was taken. Defendant then sought to […]
  • Pitzer College v. Indian Harbor Ins. Co. August 29, 2019
    (Supreme Court of California) - Remanded. The Plaintiff purchased an insurance policy from Defendant that covered pollution conditions. The policy required notice of any pollution condition and written consent before incurring obligations. Defendant denied coverage for pollution conditions that were found at a dormitory construction site because the policy notice and consent provisions were violated. […]
  • Moore v. Wells Fargo Bank, N.A. August 28, 2019
    (California Court of Appeal) - Reversed judgment and reinstated jury verdict in favor of Plaintiff. The trial court granted Defendant, Wells Fargo’s motions including a motion for judgment notwithstanding the jury verdict that found Wells Fargo committed fraud in a Home Affordable Mortgage Program case. The appeals court reversed the rulings and the judgment that […]
  • MultiPlan, Inc. v. Holland August 28, 2019
    (United States Fifth Circuit) - Partially vacated, otherwise affirmed, and remanded. The dismissal of breach of contract claims were vacated, but judgments dismissing civil conspiracy claims and refusal to submit punitive damages claims to a jury were affirmed in a case involving disputes over discounts to charges for physical therapy patients covered by workers' compensation […]
  • Brock Services LLC v. Rogillo August 27, 2019
    (United States Fifth Circuit) - Affirmed. A company sued a former employee who went to work for a direct competitor. The Court of Appeals affirmed the district court's grant of a preliminary injunction because there was an employment agreement with a non-compete provision.
  • Driveline Systems LLC v. Arctic Cat, Inc. August 23, 2019
    (United States Seventh Circuit) - Vacated and remanded. The summary judgment in a contract lawsuit over a supply contract for manufactured goods was improper because there were genuine issues of material fact.
  • Voris v. Lampert August 15, 2019
    (Supreme Court of California) - Affirmed. Plaintiff successfully brought an action against Defendant for contract-based and statutory remedies for nonpayment of wages. On appeal Plaintiff sought to hold Defendant personally liable under a theory of common law conversion. The appeals court held that such a conversion claim is not the appropriate remedy.
  • Doctor’s Associates, Inc. v. Alemayehu August 14, 2019
    (United States Second Circuit) - Vacated and remanded. Finding the promise to arbitrate in the franchise application was supported by adequate consideration, the panel vacates the district court’s denial of DAI’s motion to compel arbitration and remands for further proceedings.
  • Archer and White Sales, Inc. v. Henry Schein, Inc. August 14, 2019
    (United States Fifth Circuit) - Affirmed. On remand from the Supreme Court the panel determined that the parties to an arbitration clause did not clearly and unmistakably delegate the question of arbitrability to an arbitrator and that the district court had the power to make this determination.