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RSS FindLaw Opinion Summaries – Contracts

  • Sharp Image Gaming Inc v. Shingle Springs Band of Miwok Indians September 15, 2017
    (California Court of Appeal) - Reversing a decision for the plaintiff after trial in a breach of contract action relating to a deal to develop a casino on tribal lands because the contractual claims were preempted by the Indian Gaming Regulatory Act and the trial court lacked subject matter jurisdiction.
  • Dowling v. Pension Plan for Salaried Employees of Union Pacific Corporation and Affiliates September 15, 2017
    (United States Third Circuit) - Affirming the decision of a retirement plan administrator, affirmed by the district court, interpreting an ambiguous retirement plan who provided the plaintiff with a lower monthly retirement payment than was expected because the ambiguousness of the document granted the administrator the discretion to interpret its terms and the existence of […]
  • In Re: CWS Enterprises September 14, 2017
    (United States Ninth Circuit) - Affirming the judgment of the state court confirming the arbitration award of contingency fees in the case of a party who sought to avoid the judgment by creating spinoff companies and entering into bankruptcy proceedings where the bankruptcy court's use of the lodestar method to determine the reasonableness of the […]
  • In Re: J.T. Thorpe September 14, 2017
    (United States Ninth Circuit) - Vacating and remanding the district court's decision to enforce a settlement agreement between a Trust whose agents sought to have an attorney debarred and the attorney when, after executing the settlement agreement, the lawyer decided that it was unlawful and refused to comply with its terms because contractual clauses involving […]
  • Campidoglio LLC v. Wells Fargo and Company September 12, 2017
    (United States Ninth Circuit) - In a case alleging the miscalculation of interest on loans the court determined that the Home Owners' Loan Act (HOLA) does not preempt common law breach of contract claims, affirmed that summary judgment for the defendant loan provider was appropriate as it related to the use of unapproved indexes because […]
  • Zuber v. Boscov's September 11, 2017
    (United States Third Circuit) - Reversing and remanding the district court's decision that a Compromise and Release Agreement during the settlement of workers' compensation claims resulted in a waiver of the right to assert claims under the Family and Medical Leave Act and Pennsylvania common law because the plain meaning of the language used in […]
  • City of Anaheim v. Cohen August 30, 2017
    (California Court of Appeal) - Reversing the trial court's denial of a writ petition and declaratory and injunctive relief in the case of a city project because the trial court's dismantling of agreements entered into by an earlier administration and agency unconstitutionally impaired a private developer's contractual rights.
  • BRE DDR BR Whittwood CA LLC v. Farmers and Merchants Bank of Long Beach August 29, 2017
    (California Court of Appeal) - Reversing a trial court summary judgement for the landlord in an action to recover rents from a lender that had received the interest in property held by a tenant in foreclosure that argued it should only pay the amount owed for the period in which they were in possession and […]
  • Los Angeles Lakers Inc. v. Federal Insurance Company August 23, 2017
    (United States Ninth Circuit) - Affirming the district court dismissal of an action brought under diversity jurisdiction by the LA Lakers against an insurer when it denied coverage and declined to defend them in a lawsuit alleging violations of the Telephone Consumer Protection Act because the court agreed that the lawsuit was an invasion of […]
  • Cal Sierra Development, Inc. v. George Reed, Inc. August 22, 2017
    (California Court of Appeal) - Affirming that an arbitration award serves as a res judicata bar to subsequent lawsuits between the parties in a case involving contracts and licensing disputes between mining companies digging for gold.