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April 03-07, 2006 Weekly Opinion Summaries
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* Charlesbank Equity v. Blinds To Go, Inc.
* Massachusetts Mut. Life Ins. Co. v. Fraidowitz
* Adorno v. Crowley Towing and Transp. Co.
* Teragram Corp. v. Marketwatch.com, Inc.
* Minges Creek, L.L.C. v. Royal Ins. Co. of Am.
* Employers Ins. Co. of Wausau v. Century Indem. Co.
* US v. Transfiguracion
* Semitool, Inc. v. Dynamic Micro Sys. Semiconduct Equip. GMBH
* Breckenridge Pharm., Inc. v. Metabolite Labs., Inc.
* Minnesota Life Ins. Co. v. Vasquez
U.S. 1st Circuit Court of Appeals
Charlesbank Equity v. Blinds To Go, Inc. (04/03/06 - No. 05-2029, 05-2030)
Partial summary judgment for plaintiffs in an action involving a right of first refusal in a stock purchase is affirmed where the defendants did not qualify as affiliates under the terms of the agreement creating the right, and where the court did not commit legal error by selecting the equitable remedy of rescission over that of specific performance.
http://laws.lp.findlaw.com/1st/052029.html
Massachusetts Mut. Life Ins. Co. v. Fraidowitz (04/04/06 - No. 05-1578)
Summary judgment for defendant insurer is affirmed in a suit claiming supplemental disability coverage where the insured failed to meet a condition precedent for obtaining additional disability coverage since he was disabled at the time of his application for the additional coverage.
http://laws.lp.findlaw.com/1st/051578.html
Adorno v. Crowley Towing and Transp. Co. (04/04/06 - No. 05-1839)
Denial of plaintiffs' motions to amend and for further discovery is affirmed in a suit alleging the violation of a collective bargaining agreement where the additional plaintiffs included in the amended complaint were time-barred, and where plaintiffs did not show how additional discovery would influence the outcome of a motion for summary judgment.
http://laws.lp.findlaw.com/1st/051839.html
Teragram Corp. v. Marketwatch.com, Inc. (04/05/06 - No. 05-1635, 05-1636)
Partial grant of summary judgment for both plaintiff and defendant in a software licensing dispute is affirmed where: 1) the defendant's failure to deliver any payment was a material breach as to a single product; 2) plaintiff had timely notice of a material defect that triggered an obligation to cure; and 3) plaintiff was entitled to only one year's licensing fees.
http://laws.lp.findlaw.com/1st/051635.html
U.S. 6th Circuit Court of Appeals
Minges Creek, L.L.C. v. Royal Ins. Co. of Am. (04/06/06 - No. 05-1313)
Summary judgment for plaintiff, the owner of a shopping center, in a suit against an insurer for indemnification of an underlying slip-and-fall lawsuit is reversed where: 1) the policy at issue covered premises inside a store, and not the common areas where the accident occurred; and 2) defendant had no duty to defend against the injured's claims.
http://caselaw.lp.findlaw.com/data2/circs/6th/051313p.pdf
U.S. 7th Circuit Court of Appeals
Employers Ins. Co. of Wausau v. Century Indem. Co. (04/04/06 - No. 05-3437)
Order sending plaintiff's request for separate arbitrations to a single arbitration for determination is affirmed where the question of whether an arbitration agreement forbids consolidated arbitration is a procedural question that the arbitrator should resolve.
http://caselaw.lp.findlaw.com/data2/circs/7th/053437p.pdf
U.S. 9th Circuit Court of Appeals
US v. Transfiguracion (04/05/06 - No. 04-10457, 04-10458)
Decisions dismissing an indictment for drug-related offenses against defendants on the grounds that the terms of their plea agreements prohibited the government from prosecuting them for the offenses covered by the indictment is affirmed where the district court properly interpreted the plea agreements at issue.
http://caselaw.lp.findlaw.com/data2/circs/9th/0410457p.pdf
U.S. Court of Appeals for the Federal Circuit
Semitool, Inc. v. Dynamic Micro Sys. Semiconduct Equip. GMBH (04/06/06 - No. 05-1299)
Grant of defendant's motion for summary judgment of non-infringement and denial of plaintiff's motion to enforce an earlier permanent injunction and settlement agreement is affirmed in a dispute between manufacturers and sellers of competing semiconductor wafer carrier cleaning systems.
http://caselaw.lp.findlaw.com/data2/circs/fed/051299p.pdf
Breckenridge Pharm., Inc. v. Metabolite Labs., Inc. (04/07/06 - No. 05-1221, 05-1428)
Dismissal of claims of tortious interference, unfair competition, and declaratory judgment of non-infringement against defendant-patent holder, and grant of summary judgment in favor of defendant-exclusive licensee for a vitamin product are reversed where the district court erroneously concluded that it lacked personal jurisdiction over the patent holder, and there were genuine disputes of material fact with respect to the state law claims.
http://caselaw.lp.findlaw.com/data2/circs/fed/051221p.pdf
Supreme Court of Texas
Minnesota Life Ins. Co. v. Vasquez (04/07/06 - No. 04-0477)
An award of extra-contractual damages on top of payments made by a mortgage insurer after a bad-faith suit was filed against it is reversed where there was no evidence that the insurer knew its actions were false, deceptive, or unfair.
http://caselaw.lp.findlaw.com/data2/texasstatecases/sc/040477.pdf
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