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Contracts United States Supreme Court, 05/31/2011
Global-Tech Appliances, Inc. v. SEB S. A., No. 10-6
In a patent dispute involving the scope of 35 U. S. C. section 271(b), judgment of the appeals court is affirmed where an induced infringement action under section 271(b) requires knowledge that the induced acts constitute patent infringement. Read more... United States Second Circuit, 06/01/2011
L-7 Designs, Inc. v. Old Navy, LLC, No. 10-573
In a multi-count, breach of contract dispute arising from a creative services agreement between well-known designer Todd Oldham and retailer Old Navy, summary judgment of the district court in favor of the defendant is affirmed in part and reversed in part where court erred in dismissing two of the plaintiff's counts outright, because plaintiff plausibly alleged three bases for breach of contract for failure to negotiate in good faith and wrongful termination. Read more... United States Ninth Circuit, 06/02/2011
Jackson v. Tate, No. 10-35355
In an action involving a claim by the plaintiff that National Guard recruiters forged his signature on re-enlistment papers, judgment of the district court dismissing complaint for lack of subject matter jurisdiction is reversed because the Feres doctrine does not bar a discharged serviceman, who remains in the Individual Ready Reserve, from suing active duty National Guard recruiters and where the recruiters meet the prima facie test as federal employees under the Westfall Act. Read more...
California Court of Appeal, 05/31/2011
Creature Ventures v. Jim Ward & Assoc., No. H034883
In a dispute arising from a real estate finance transaction and involving causes of action for usury and breach of contract, judgment of the trial court is reversed where the evidence is sufficient to support usury but insufficient to prove fraud. Read more... California Court of Appeal, 05/31/2011
Investors Equity Life Holding Company v. Schmidt, No. G042806
In a dispute arising from several repurchase and hedging transactions, judgment of the trial court is affirmed where court properly stayed action on the ground of forum non conveniens because Hawaii is a suitable alternative forum and the relevant public and private interests weighed heavily in favor of having action litigated in that state. Read more... California Court of Appeal, 06/01/2011
Hamilton v. Greenwich Investors XXVI, LLC, No. B224896
In an action for breach of contract and fraud arising from defendant's foreclosure on a mortgage loan, judgment of the trial court dismissing complaint is affirmed where plaintiff's failure to disclose, in earlier bankruptcy proceedings, the existence of his breach of contract and fraud claims against the defendant bars the plaintiff from litigating the claim. Read more... California Court of Appeal, 06/01/2011
Ferguson v. Avelo Mortgage, LLC, No. B223447
In an action to quiet title arising from a foreclosure sale, judgment of the trial court dismissing action is affirmed where plaintiff must plead tender of the full amount due on an original purchase loan before seeking to vacate the foreclosure sale. Read more... Court of Appeals of New York, 06/02/2011
In the Matter of Rachel Cohn, No. 101, 102
In an Article 78 proceedings against the Board of Education seeking to compel the Board to expunge letters of reprimand from the personnel files of petitioners pursuant to Education Law section 3020-a, judgment of the appellate division denying petitions is affirmed where the letters at issue are not subject to 3020-a procedures. Read more... Court of Appeals of New York, 06/02/2011
Marraccini v. Ryan, No. 115
In a dispute arising from a home improvement agreement, judgment of the trial court denying defendant's motion for summary judgment is affirmed where a licensed home improvement contractor who enters into a contract using a name other than the one on his license is not barred from enforcing the contract unless the other party is deceived or otherwise prejudiced by the misnomer. Read more...
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