Friday, March 25, 2011

FindLaw Contracts Summaries - March 21-March 25, 2011

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Contracts

March 21-25, 2011 FindLaw.com Weekly Contracts Newsletter
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Contracts

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Contracts

United States First Circuit, 03/23/2011
FleetBoston Financial Corp. v. Alt, No. 10-1035
In an employment dispute arising out of an arbitral award, summary in favor of defendant based on the recognition and entry of award by district court is affirmed because the arbitral award decided the essence of dispute. Read more...

United States Second Circuit, 03/22/2011
Bechtel Do Brasil Construcoes Ltda., et al. v. UEG Araucaria Ltda., No. 10-034
In an action seeking a permanent stay of arbitration on the grounds that claims by defendant were time-barred under both New York and Brazilian law, judgment by district court is reversed where court erred in taking the timeliness issue from the arbitrator. Read more...

United States Second Circuit, 03/23/2011
Cacchillo v. Insmed, Inc., No. 10-4630
In a section 1983 and breach of agreement dispute arising from the refusal of defendant to support an FDA compassion application, denial of motion for a preliminary injunction is affirmed where plaintiff has standing to sue on a ripe claim, but has not shown the requisite likelihood of success on the merits. Read more...





United States Ninth Circuit, 03/22/2011
Young v. Honolulu, No. 09-16034
In a constitutional dispute on whether a city repeal ordinace violated the Contracts Clause of the United States Constitution, summary judgment is affirmed where ordinance did not breach any of preexisting contractual obligation. Read more...

United States Ninth Circuit, 03/22/2011
Wapato Heritage LLC V. US, No. 09-36150
In a dispute involving the effective exercise of an option to renew a lease agreement, summary judgment in favor of defendant is affirmed where factual findings by district court were not erroneous. Read more...

California Court of Appeal, 03/22/2011
Cal. Retail Portfolio v. Hopkins Real Estate, No. B224000
In a dispute over the validity of a writ of attachment issued by trial court, writ order is affirmed because there was substantial evidence that an award for plaintiff might be rendered ineffectual without a writ of attachment. Read more...

California Court of Appeal, 03/23/2011
Leung v. Verdugo Hills Hosp., No. B204908
In a tort action for the wrongful death of a new-born, judgment against the defendant holding it jointly and severally liable is affirmed in part and reversed in part because common law release rule, not CCP sections 877 and 877.6, applied as a release of the joint and several liability of the defendant. Read more...

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