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Contracts |  | | April 11-15, 2011 FindLaw.com Weekly Contracts Newsletter | | You may forward this e-mail in its entirety.
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Contracts United States Fourth Circuit, 04/13/2011
Central W. Virginia Energy Co., Inc. v. Mountain State Carbon, LLC, No. 10-1486
In a dispute over the scope of federal diversity jurisdiction as applied to corporations and involving an action for breach of contract, dismissal by district court on the ground that adverse parties were not diverse, is reversed where seven of eight officers of defendant substantially operated from a single forum making the forum the principal place of business of defendant such that dismissal was erroneous under the U.S. Supreme Court decision in Hertz Corp. v. Friend, 130 S. Ct. 1181, 1186 (2010). Read more... United States Ninth Circuit, 04/11/2011
The Facebook, Inc. v. Connectu, Inc., No. 08-16873
In a dispute arising from the validity of a settlement agreement where plaintiffs claimed that the omission of several stock transfer documents and a lower-than-expected post-settlement disclosure of common stock value rendered settlement agreement uneforceable, judgment of the district court is affirmed where such omissions were an only important term that affects the value of the bargain, and the parties were on equal bargaining footing such that the subsequent discovery of stock value did not make agreement uneforceable. Read more... California Court of Appeal, 04/12/2011
R.S. v. Pacificare Life and Health Ins. Co., No. B223723
In a dispute arising from an action for breach of insurance policy and state application of the full faith and credit clause of the United States Constitution, judgment of the trial court dismissing action is affirmed where under sister-state laws, claims were counterclaims that should have been raised in preceding, sister-state action. Read more...
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