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RSS FindLaw Opinion Summaries – Contracts

  • 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.
  • 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.
  • 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.
  • Doe v. Columbia College Chicago August 13, 2019
    (United States Seventh Circuit) - Affirmed. Claims of breach of contract, emotional distress, negligence, and promissory estoppel arising from disciplinary action taken by a school against a student accused of sexual assault after extensive proceedings were defective and the case was properly dismissed.
  • Liberty Mutual Fire Insurance v. Fowlkes Plumbing August 12, 2019
    (United States Fifth Circuit) - Certified. The state Supreme Court was asked how they would interpret the subrogation waiver in common form contracting agreements, a question that has split courts nationwide.
  • Capsco Industries, Inc. v. Ground Control, LLC August 12, 2019
    (United States Fifth Circuit) - Affirmed. A subcontractor did not owe a duty to indemnify a company for its expenditures in labor and materials in a construction project.
  • ADI Worldlink, LLC v. RSUI Indemnity Company August 2, 2019
    (United States Fifth Circuit) - Affirmed. All insurance claims were properly denied because while the insured gave timely notice of later claims they failed to give notice of an initial claim within the policy's one year coverage limitation.
  • Winding Creek Solar LLC v. Peterman July 29, 2019
    (United States Ninth Circuit) - Affirmed. Plaintiff filed suit against the Commissioners of the California Public Utilities commission alleging that the California Renewable Market Adjust Tariff (Re-MAT) program violated the Public Utility Regulatory Policies Act (PURPA). The district court granted summary judgment in favor of the Plaintiff, but declined to grant Plaintiff a contract with […]
  • Smith v. Travelers Casualty Ins. Co. July 26, 2019
    (United States Fifth Circuit) - Affirmed. An insurer was not liable for contractual and statutory violations arising from the denial of a commercial property insurance claim. The suit was untimely because re-investigation by the insurer did not toll the accrual of the cause of action.
  • Gemini Tech. Inc. v. Smith & Wesson Corp. July 24, 2019
    (United States Ninth Circuit) - Reversed the district court’s dismissal of an action based on the forum selection clause in the parties’ contract. Held that the district court abused its discretion in overriding the strong public policy in Idaho Code section 29-110(1).