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U.S. 5th Circuit Court of Appeals

 

Halliburton Co. Benefits Comm. v. Graves (08/30/06 - No. 06-20632)

In a class action brought under the Employee Retirement Income Security Act (ERISA) involving the retiree program of a company that merged into a wholly owned subsidiary of Halliburton, a district court's conclusions, that the merger agreement modified the retiree program and that Halliburton had to maintain the program for eligible participants and could amend or terminate the program only if it made the same changes to programs for its similarly situated active employees, is affirmed.

http://caselaw.lp.findlaw.com/data2/circs/5th/0620632cv0p.pdf

 

Oscar Renda Contracting, Inc. v. City of Lubbock Texas (08/31/06 - No. 05-10836)

Dismissal of a contractor's First Amendment retaliation claim against a city is vacated where: 1) the district court erred in concluding that plaintiff failed to allege that a prior lawsuit was a matter of "public concern in the community" due to the lawsuit's location relative to that of the retaliation; 2) plaintiff's petition was sufficient to put the city on notice that its prior suit involved matters of public concern; and 3) a contractor is not required to have a prior relationship with a governmental entity before being able to assert a First Amendment claim.

http://caselaw.lp.findlaw.com/data2/circs/5th/0510836cv0p.pdf

 

Fordoche, Inc. v. Texaco Inc. (08/31/06 - No. 05-30857)

In a case involving the performance of obligations under right of first refusal (ROFR) clauses in joint operating agreements to which defendant-Texaco and plaintiffs were parties, summary judgment for defendant is reversed where defendant failed to prove that there was no genuine issue as to any material fact or that it was entitled to a judgment as a matter of law regarding whether it performed its obligations in good faith as required by the clauses.

http://caselaw.lp.findlaw.com/data2/circs/5th/0530857cv0p.pdf

 

U.S. 6th Circuit Court of Appeals

 

Bellsouth Telecomms., Inc. v. Southeast Tel., Inc. (08/28/06 - No. 05-6657)

In a dispute arising from a competing local exchange carrier's (CLEC) attempt to modify the terms of its contract with an incumbent local exchange carriers (ILEC), a judgment for the CLEC is reversed where the district court erred in concluding that application of the FCC's "all-or-nothing rule" to the CLEC's request would have had an impermissible retroactive effect.

http://caselaw.lp.findlaw.com/data2/circs/6th/056657p.pdf

 

Everett v. Verizon Wireless, Inc. (08/28/06 - No. 05-3557)

Denial of plaintiffs' motion to remand their class action challenging certain cell phone billing to state court following removal is reversed where each individual claim fell below the amount-in-controversy requirement, and defendant-cellular telephone service provider could not overcome the defect by aggregating plaintiffs' disgorgement claims or by aggregating their punitive-damages claims and it failed to show that the cost of complying with an injunction claim would meet the $75,000 requirement.

http://caselaw.lp.findlaw.com/data2/circs/6th/053557p.pdf

 

Rawe v. Liberty Mut. Fire Ins. Co. (09/01/06 - No. 05-5485)

Grant of defendants' motion for judgment on the pleadings, in a suit arising from defendant-insurer's refusal to pay an insurance claim from a car accident, is reversed in part as to certain first-party bad faith claims based upon post-complaint conduct which were not barred by claim preclusion, and also as to third-party claims under state law.

http://caselaw.lp.findlaw.com/data2/circs/6th/055485p.pdf

 

U.S. 7th Circuit Court of Appeals

 

Deere & Co. v. Ohio Gear (08/29/06 - No. 05-1990)

Summary judgment for defendant in a contractual suit by a tractor manufacturer over the supply of tractor parts is reversed where the court abused its discretion by invoking a local court rule to treat a delay in plaintiff's response to the summary judgment motion as an admission.

http://caselaw.lp.findlaw.com/data2/circs/7th/051990p.pdf

 

Shaw v. Hyatt Int'l Corp. (08/29/06 - No. 05-4625)

Dismissal of a suit by a hotel guest against the hotel operator alleging unjust enrichment and violation of the Illinois Consumer Fraud Act as the result of an incorrect rate quote over the Internet for an international hotel room is affirmed where the existence of an express contract between the parties precluded recovery on either of the plaintiff's claims.

http://caselaw.lp.findlaw.com/data2/circs/7th/054625p.pdf

 

U.S. 8th Circuit Court of Appeals

 

Continental Cas. Co. v. Advance Terrazo & Tile Co. (08/30/06 - No. 05-3594)

A declaratory judgment in favor of insurers is affirmed where: 1) there was no abuse of discretion in denying a motion to certify an issue regarding an absolute pollution exclusion or in deciding not to abstain from the action; and 2) an "absolute" pollution exclusion provision was unambiguous and precluded a subcontractor from coverage under insurance policies for an independent contractor and his wife's negligence claims.

http://caselaw.lp.findlaw.com/data2/circs/8th/053594p.pdf

 

P & O Nedlloyd, Ltd. v. Sanderson Farms, Inc. (08/30/06 - No. 05-3766)

Summary judgment for an insurer on a third-party claim by a frozen poultry wholesaler for recovery of lost cargo under an open cargo insurance policy is affirmed where the wholesaler had no insurable interest in the cargo under the terms of policy at issue.

http://caselaw.lp.findlaw.com/data2/circs/8th/053766p.pdf

 

U.S. 9th Circuit Court of Appeals

 

New Edge Networks, Inc. v. Fed. Communications Comm'n (08/29/06 - No. 04-73800)

Petitions for review arising from the Federal Communications Commission's (FCC) report and order changing its interpretation of a provision of the Telecommunications Act involving interconnection agreements between ILECs and CLECs are denied where: 1) the provision at issue is ambiguous and the FCC's "all-or-nothing" interpretation, which replaced its "pick-and-choose" interpretation, is reasonable; and 2) the FCC did not abuse its discretion by adopting the new rule.

http://caselaw.lp.findlaw.com/data2/circs/9th/0473800p.pdf

 

Syverson v. Int'l Bus. Machs. Corp. (08/31/06 - No. 04-16449)

Dismissal with prejudice of a putative class action alleging age discrimination claims against IBM is reversed and an award for IBM vacated where a waiver form used by IBM in connection with a severance benefit package was not "written in a manner calculated to be understood" by the average employee eligible to participate in the agreement, for purposes of being "knowing and voluntary" under the Older Workers Benefit Protection Act (OWBPA).

http://caselaw.lp.findlaw.com/data2/circs/9th/0416449p.pdf

 

Johnston v. Comm'r of Internal Revenue (09/01/06 - No. 04-73833)

When a taxpayer offered to pay the IRS a sum certain to "fully resolve all adjustments at issue" for certain tax years, and the Commissioner accepted his offer, the taxpayer could not then apply net operating losses (NOLs) from his real estate business to reduce his agreed payments under the settlement where the taxpayer did not reserve the right to use NOLs in the settlement agreement, nor raised the issue of using the NOLs before the Commissioner accepted his settlement offer.

http://caselaw.lp.findlaw.com/data2/circs/9th/0473833p.pdf

 

U.S. 10th Circuit Court of Appeals

 

LB&B & Assocs., Inc. v. Int'l Bhd. of Elec. Workers (08/30/06 - No. 05-1110)

When a collective bargaining agreement includes a "just cause" termination provision and does not explicitly provide that an enumerated offense is such cause, the "profound deference" owed to an arbitrator's decision, coupled with the fact that the parties have bargained for the arbitrator, not the courts, to decide their dispute, compels affirmance of an arbitrator's interpretation requiring both the enumerated offense and circumstances amounting to just cause in order to justify termination.

http://laws.lp.findlaw.com/10th/051110.html

 

U.S. Court of Appeals for the Federal Circuit

 

Wynne v. United Techs. Corp. (08/28/06 - No. s126412.doc)

A reconsideration decision of the Armed Services Board of Contract Appeals denying the Air Force's claim for a contract price reduction under the Truth in Negotiations Act (TINA) for a six-year, multi-billion dollar contract with defendant is affirmed where the Air Force did not establish that it relied upon the defective cost or pricing data to its detriment.

http://caselaw.lp.findlaw.com/data2/circs/fed/051393p.pdf

 

Metro. Area Transit, Inc. v. Nicholson (08/28/06 - No. 05-1541)

A decision of the Department of Veterans Affairs Board of Contract Appeals denying plaintiff's breach of contract claim involving a contract to provide transportation services for certain VA medical facilities is affirmed where the contract did not require the VA to utilize plaintiff to transport all taxi and litter patients, as well as wheelchair patients.

http://caselaw.lp.findlaw.com/data2/circs/fed/051541p.pdf

 

Cities of Burbank, Glendale, and Pasadena v. Bodman (08/30/06 - No. 05-1512)

Denial of claims brought by the cities of Burbank, Glendale, and Pasadena, California asserting that the Bonneville Power Administration (BPA) miscalculated the rate it charged them for power under various contracts is affirmed where the Department of Energy Board of Contract Appeals correctly interpreted the disputed contractual provision.

http://caselaw.lp.findlaw.com/data2/circs/fed/051512p.pdf

 

California Appellate Districts

 

CAZA Drilling (Cal.) Inc. v. TEG Oil & Gas U.S.A., Inc. (08/29/06 - No. B182892)

Summary judgment in favor of cross-defendant is affirmed as the contractual provisions -- limitations precluding recovery of compensation for economic loss and physical harm to equipment and facilities -- represented a valid limitation on liability rather than a complete exemption from responsibility, and that, in any event, cross-complainants have failed to identify a specific law or regulation potentially violated by cross-defendant.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/b182892.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/b182892.pdf

 

Allstate Ins. v. Superior Ct. (Jessel) (08/29/06 - No. B188620)

In an action arising out of property damages from the 1994 Northridge earthquake, trial court's vacation of arbitration award and order of further proceedings before the same arbitrator is vacated as the court only had the option of denying the petition to vacate the award, or grant it and order a rehearing before a new arbitrator.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/b188620.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/b188620.pdf

 

Edwards v. Arthur Andersen LLP (08/30/06 - No. B178246)

Except for dismissal of Cartwright Act claim, judgment in favor of defendant is reversed as: 1) noncompetition agreement prohibiting employee from performing services for former clients is invalid under Business and Professions Code section 16000 unless it falls within statutory or "trade secret" exceptions to statute; 2) requiring plaintiff to execute Termination of Non-Compete Agreement as consideration for release from noncompetition agreement was an independently wrongful act; and 3) requiring plaintiff to waive Labor Code section 2802 indemnity rights as a condition of continued employment violated public policy and was also an independently wrongful act.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/b178246.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/b178246.pdf

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U.S. 1st Circuit Court of Appeals

 

Epstein v. C.R. Bard, Inc. (08/25/06 - No. 06-1023)

Dismissal of action requesting damages arising from defendant's alleged breach of contract and infringement of plaintiff's intellectual property rights in medical devices is affirmed where: 1) the suit was time-barred since the claim accrued on the date of plaintiff's inquiry letter; 2) the doctrine of fraudulent concealment did not toll the statute of limitations; and 3) the district court did not abuse its discretion by not giving plaintiff the opportunity to amend his complaint.

http://laws.lp.findlaw.com/1st/061023.html

 

U.S. 2nd Circuit Court of Appeals

 

Thyroff v. Nationwide Mut. Ins. Co, (08/21/06 - No. 05-4005)

Summary judgment for defendants on breach-of-contract claim is affirmed where plaintiff has failed to satisfy the burden necessary to bring this claim to trial, however, conversion claim prompts certification of the following question to the New York Court of Appeals: Is a claim of conversion cognizable for electronic data?

http://caselaw.lp.findlaw.com/data2/circs/2nd/054005p.pdf

 

U.S. 3rd Circuit Court of Appeals

 

Atkinson v. Lafayette College (08/21/06 - No. 03-3426)

Grant of defendants' motion for partial dismissal as to a former director of athletics' retaliation claims under Title IX is vacated pursuant to the Supreme Court's holding that Title IX's private right of action encompasses claims of retaliation against an individual because he or she has complained about sex discrimination. Summary judgment for defendants on claims of breach of contract, retaliation, and gender discrimination is affirmed, however.

http://caselaw.lp.findlaw.com/data2/circs/3rd/033426p.pdf

 

Wise v. Am. Gen. Life Ins. Co. (08/21/06 - No. 05-2715)

In a coverage dispute over a life insurance policy, dismissal of plaintiff's complaint is affirmed where the life insurance policy at issue was not in effect at the time of the insured's death because as of the date of his death, he had not accepted the insurance contract by paying the premium, despite the fact that he died on the same day that he received the policy in the mail and one week after the "date of issue" of the policy, and his wife mailed the first premium to the insurer on the next day.

http://caselaw.lp.findlaw.com/data2/circs/3rd/052715p.pdf

 

U.S. 5th Circuit Court of Appeals

 

Brown v. Pac. Life Ins. Co. (08/23/06 - No. 05-30090)

An order staying proceedings and compelling arbitration of investors' claims against defendants alleging fraud, negligence, and breach of various duties in connection with defendants' management of their investments is affirmed over claims that the district court erred by: 1) exercising jurisdiction over federal actions; 2) refusing to abstain from exercising jurisdiction; 3) ruling that an arbitration agreement was valid and binding; and 4) ruling that plaintiff's claims against certain parties were arbitrable.

http://caselaw.lp.findlaw.com/data2/circs/5th/0530090cv0p.pdf

 

Overstreet v. Contigroup Cos., Inc. (08/23/06 - No. 05-60953)

Denial of defendants' motion for stay and to compel arbitration of an action brought by a chicken farmer who raised chickens for defendants under contractual agreement is reversed and remanded where the district court erred in relying on Mississippi law in addressing the issue of unconscionability, and, under Georgia law, the district court erred in finding the arbitration clause unconscionable.

http://caselaw.lp.findlaw.com/data2/circs/5th/0560953cv0p.pdf

 

Peace v. Am. Gen. Life Ins. Co. (08/24/06 - No. 05-20195)

Summary judgment for Halliburton on a United Kingdom citizen's breach of contract claim is vacated where the district court erred in holding that a plan existed for purposes of the Employee Retirement Income Security Act (ERISA), and thus, plaintiff's claim is not preempted by ERISA.

http://caselaw.lp.findlaw.com/data2/circs/5th/0520195cv0p.pdf

 

U.S. 6th Circuit Court of Appeals

 

Int'l Bhd. of Elec. Workers v. Trafftech, Inc. (08/23/06 - No. 05-4392)

In a dispute arising from a union's objection to sharing work at a company with another union, summary judgment to a union permitting it to enforce an arbitration clause in a collective bargaining agreement is affirmed, over the company's claim that the dispute was a representational matter outside of federal courts' jurisdiction, because section 301 of the Labor Management Relations Act gives federal courts concurrent jurisdiction to enforce an arbitration clause like the one at hand.

http://caselaw.lp.findlaw.com/data2/circs/6th/054392p.pdf

 

U.S. 7th Circuit Court of Appeals

 

Grey Direct, Inc. v. Erie Ins. Exch. (08/21/06 - No. 05-4514)

Summary judgment for defendant-insurer is affirmed where: 1) plaintiff did not purchase the relevant coverage until well after the incident occurred and the loss was established; and 2) nothing in the dealings between the parties supported the notion that plaintiff agreed after the fact to cover this large known loss.

http://caselaw.lp.findlaw.com/data2/circs/7th/054514p.pdf

 

U.S. 8th Circuit Court of Appeals

 

Forest Prods. Indus., Inc. v. ConAgra Foods, Inc. (08/22/06 - No. 05-4459)

Summary judgment for defendant in a suit brought by a broker of food packaging materials, claiming tortious interference with a brokerage agreement, is affirmed where an agreement with a supplier discharged all contractual obligations between the parties, and thus, there could be no breach of contract for purposes of the tortious interference claim.

http://caselaw.lp.findlaw.com/data2/circs/8th/054459p.pdf

 

Source Food Tech., Inc. v. US Fid. & Guar. Co. (08/22/06 - No. 06-1166)

Summary judgment for an insurer on plaintiff's claim for coverage under a business interruption policy is reversed where a Canadian beef ban by the U.S. government, due to the threat of Mad Cow disease, resulted in a "direct physical loss" under the policy.

http://caselaw.lp.findlaw.com/data2/circs/8th/061166p.pdf

 

Slidell, Inc. v. Millennium Inorganic Chems., Inc. (08/23/06 - No. 05-3434)

A judgment on a jury verdict in favor of defendant on a breach of contract claim brought by a manufacturer of automated packaging equipment is affirmed over claims that: 1) the district court's jury instruction on waiver was deficient in numerous respects; 2) that an equitable estoppel defense should not have been submitted to the jury; 3) a jury instruction improperly permitted defendant to assert a new prior breach theory during closing argument; 4) the district court erred in failing to instruct the jury regarding inequitable conduct; and 5) the district court wrongfully enjoined it from selling and returning parts and components of partially completed machines for value.

http://caselaw.lp.findlaw.com/data2/circs/8th/053434p.pdf

 

Littrell v. City of Kansas City (08/25/06 - No. 06-1223)

In a suit brought by a firefighter against a city and fire chief alleging violations of his constitutional rights and unlawful employment discrimination and retaliation under Title VII, summary judgment for defendants is affirmed where a release plaintiff signed in resolving disciplinary proceedings barred claims relating to the agreement, and he failed to make a prima facie case on claims arising after the release.

http://caselaw.lp.findlaw.com/data2/circs/8th/061223p.pdf

 

U.S. 10th Circuit Court of Appeals

 

1mage Software, Inc. v. Reynolds & Reynolds Co. (08/24/06 - No. 04-1533)

In order to distinguish between state-law claims alleging breach of a contract involving copyrighted matters and those asserting an actual controversy under the federal Copyright Act for purposes of federal jurisdiction, the court adopts the Second Circuit's analysis. A suit "arises under" the Copyright Act if, on the face of the complaint: 1) the complaint is for a remedy expressly granted by the Act, e.g., a suit for infringement...; or, 2) the complaint asserts a claim requiring construction of the Act.

http://laws.lp.findlaw.com/10th/041533.html

 

U.S. Court of Appeals for the Federal Circuit

 

LaSalle Talman Bank, F.S.B. v. US (08/25/06 - No. 05-5164)

In a Winstar-related case, a decision of the U.S. Court of Federal Claims awarding a bank $146.7 million in "cost-of-replacement-capital" damages is affirmed where there was no clear error as to the decision, and a decision to upwardly adjust the damages award to reflect the bank's effective tax rate is also affirmed.

http://caselaw.lp.findlaw.com/data2/circs/fed/055164p.pdf

 

California Appellate Districts

 

Atkinson v. Elk Corp. of Texas (08/23/06 - No. H028933)

Summary adjudication for defendant is reversed as to plaintiff's cause of action for breach of written warranty where roofing materials plaintiff purchased as part of a re-roofing contract are consumer goods under the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act, however, summary adjudication on breach of implied warranty of merchantability cause of action is time-barred.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/h028933.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/h028933.pdf

 

California Corr. Peace Officers Ass'n v. State of California (08/23/06 - No. A112311)

Denial of plaintiff union's petition to compel arbitration of alleged right to have rank-and-file observers sit in as observers during labor negotiations between defendant and supervisory employees is reversed where there is no authority for finding that arbitrators are not permitted to interpret statutes.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/a112311.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/a112311.pdf

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U.S. 1st Circuit Court of Appeals

 

Commercial Union Ins. Co. v. Pesante (08/09/06 - No. 05-2151)

Entry of judgment for defendant and denial of plaintiff's motion for summary judgment in an action seeking a declaration that insurer was not liable under a marine insurance policy is reversed where the insurance policy was voidable as a matter of Rhode Island law because of misrepresentations in the application.

http://laws.lp.findlaw.com/1st/052151.html

 

U.S. 2nd Circuit Court of Appeals

 

Long Island Head Start Child Developmental Servs., Inc. vs National Labor Relations Bd. (08/09/06 - No. 05-5723)

Respondent's order concluding that petitioner violated its obligation to bargain in good faith when it unilaterally changed its employees' health insurance carrier is vacated where respondent provided no reasoned basis for its decision.

http://caselaw.lp.findlaw.com/data2/circs/2nd/055723p.pdf

 

U.S. 3rd Circuit Court of Appeals

 

Admart AG v. Stephen & Mary Birch Found., Inc. (08/08/06 - No. 04-4014)

In a dispute involving a contract for the purchase of an art exhibit, a judgment confirming a foreign arbitral award under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards is affirmed with modifications where, although the judgment confirming the award was consistent with its substance in that defendant was required to pay for the art and plaintiff was required to transfer possession, certain terms of execution varied too much from those set forth by the arbitrators.

http://caselaw.lp.findlaw.com/data2/circs/3rd/044014p.pdf

 

Elliott & Frantz, Inc. v. Ingersoll-Rand Co. (08/11/06 - No. 05-2403)

Orders granting summary judgment for defendant on an industrial construction equipment sales and service provider's contract claims arising out of defendant's termination of the parties' Distributor Selling Agreement are affirmed except to the extent that they entered judgment for defendant on a claim that defendant failed to provide certain services and support required by the agreement.

http://caselaw.lp.findlaw.com/data2/circs/3rd/052403p.pdf

 

Colliers Lanard & Axilbund v. Lloyds of London (08/11/06 - No. 05-3497)

In a dispute over retroactive coverage for a claim, a judgment for insured concluding that an insurer's policy did not exclude a disputed claim is vacated where the district court erred as a matter of law by applying an objective test to the first part of its inquiry -- whether insured had knowledge of a suit, act, error, or omission -- and a subjective test to the second part of its inquiry -- whether the suit, act, error, or omission might reasonably be expected to result in a claim or suit.

http://caselaw.lp.findlaw.com/data2/circs/3rd/053497p.pdf

 

U.S. 4th Circuit Court of Appeals

 

Cowan Sys., Inc v. Harleysville Mut. Ins. Co. (08/08/06 - No. 05-2253)

Defendant insurer had a contractual duty to provide plaintiff with a defense in an action commenced against plaintiff by defendant in underlying action, who, facing a claim for premises liability, sought indemnity from plaintiff based on an indemnification provision in a commercial contract between them.

http://caselaw.lp.findlaw.com/data2/circs/4th/052253p.pdf

 

Denny v. Elizabeth Arden Salons, Inc. (08/09/06 - No. 05-1228)

Summary judgment in favor of defendant salon is affirmed to the extent the district court properly dismissed plaintiffs' state law claim and its Title II claim, because the salon is not a "place of public accommodation," however, summary judgment is reversed to the extent the district court erred in dismissing plaintiffs' section 1981 claim, because plaintiffs have presented sufficient evidence to create a triable dispute of fact over whether the salon engaged in the form of discrimination that section 1981 expressly prohibits.

http://caselaw.lp.findlaw.com/data2/circs/4th/051228p.pdf

 

U.S. 6th Circuit Court of Appeals

 

Moore v. Lafayette Life Ins. Co. (08/07/06 - No. 04-1146, 04-1942, 04-1945, 05-1109)

Judgment for defendants, an insurer and employer, on plaintiff’s ERISA claims, an award of partial attorney's fees and costs, and the imposition of sanctions against plaintiff's attorney are affirmed where: 1) the district court correctly dismissed certain subclaims of plaintiff’s breach of fiduciary duty count and correctly dismissed a promissory estoppel count; 2) the scope of discovery for other claims was properly limited; 3) summary judgment on a breach of fiduciary duty and statutory monetary penalties claims was correct; 4) summary judgment on a claim for benefits was proper; and 5) there was no abuse of discretion in the fee award or sanctions.

http://caselaw.lp.findlaw.com/data2/circs/6th/041146p.pdf

 

NicSand, Inc. v. 3M Co. (08/08/06 - No. 05-3431)

In an antitrust action brought by a marketer of automotive abrasives against a competitor, 3M, involving its exclusive dealing contracts with distributors of such abrasives, a grant of defendant's motion to dismiss is reversed where the complaint alleged conduct that violates section 2 of the Sherman Act and antitrust injury sufficient to support standing for plaintiff's claims.

http://caselaw.lp.findlaw.com/data2/circs/6th/053431p.pdf

 

U.S. 7th Circuit Court of Appeals

 

Dick v. Conseco, Inc. (08/11/06 - No. 05-4352)

Summary judgment for employer in an action over the effects of bankruptcy on employee benefits for a senior officer is affirmed where the employment contract was not executory for the purposes of 11 U.S.C. section 365(e)(1), thus the early termination clause in the contract was not invalidated and ended employer's obligations upon filing for bankruptcy.

http://caselaw.lp.findlaw.com/data2/circs/7th/054352p.pdf

 

U.S. 8th Circuit Court of Appeals

 

Hope v. Klabal (08/07/06 - No. 05-1972)

Summary judgment to defendants on plaintiff's tort and contract claims arising out of a series of art transactions is affirmed where: 1) voluntary dismissal of certain claims made earlier summary judgment orders final for purposes of appeal; 2) the district court did not err in finding as a matter of law that claims were barred by the statute of limitations, 3) the continuing tort doctrine did not toll the statute of limitations; and 4) there was no error in applying the law of the case doctrine when granting summary judgment.

http://caselaw.lp.findlaw.com/data2/circs/8th/051972p.pdf

 

Gas Aggregation Servs., Inc. v. Howard Avista Energy, LLC (08/10/06 - No. 05-3833, 06-1596)

An order confirming an attorney's lien and ordering plaintiff to pay attorney's fees incurred by the attorney in perfecting the lien, and a related enforcement order, are affirmed over claims that the district court: 1) erred in affording a Minnesota state court judgment full faith and credit; 2) erred in basing the attorney's lien on the amount of the judgment instead of the settlement; 3) erred in awarding attorney's fees; 4) had no jurisdiction to consider a motion for entry of judgment; and 5) should have delayed ruling on that motion pending the outcome of a state court legal malpractice action.

http://caselaw.lp.findlaw.com/data2/circs/8th/053833p.pdf

 

Atl. Research Corp. v. US (08/11/06 - No. 05-3152)

A private party which voluntarily undertakes a cleanup for which it may be held liable, thus barring it from contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) section 113, may pursue an action for direct recovery or contribution under section 107, against another liable party.

http://caselaw.lp.findlaw.com/data2/circs/8th/053152p.pdf

 

Conolly v. Clark (08/11/06 - No. 05-3558)

Summary judgment for defendant in a contract suit claiming that defendant breached an oral agreement to allow plaintiff to purchase all of the common stock of a company is affirmed where the district court committed no error in concluding as a matter of law that there was no issue of material fact concerning whether the parties intended to be bound by the oral agreement.

http://caselaw.lp.findlaw.com/data2/circs/8th/053558p.pdf

 

Abdel v. US Bancorp (08/11/06 - No. 05-3572)

Summary judgment dismissing an action to recover long-term disability (LTD) benefits under the Employee Retirement Income Security Act (ERISA) is affirmed where even assuming that the ERISA claim was not covered by a release, the action was barred by the statute of limitations.

http://caselaw.lp.findlaw.com/data2/circs/8th/053572p.pdf

 

U.S. 9th Circuit Court of Appeals

 

US v. Johnson Controls, Inc. (08/09/06 - No. 04-55536)

The statutory provisions relating to the "public disclosure" bar and the "original source" exception to that bar in the Federal False Claims Act (FCA) and the California False Claims Act (CFCA) do not require that an individual report relevant information to the government prior to the "public disclosure" at issue to qualify as an "original source."

http://caselaw.lp.findlaw.com/data2/circs/9th/0455536p.pdf

 

Reddam v. KPMG LLP (08/10/06 - No. 05-56664)

In a dispute involving failed tax-reduction programs, a remand order issued pursuant to a finding that an arbitration agreement had become unenforceable and that federal jurisdiction was lost is reversed where the refusal of the NASD to conduct an arbitration neither rendered the district court powerless to require arbitration to proceed nor deprived it of jurisdiction.

http://caselaw.lp.findlaw.com/data2/circs/9th/0556664p.pdf

 

U.S. 11th Circuit Court of Appeals

 

Altadis USA, Inc. v. Sea Star Line, LLC (08/07/06 - No. 05-14988)

Holding that Carmack Amendment, and its two-year statute of limitations, was inapplicable, is affirmed where bill of lading incorporated COGSA and its one-year statute of limitaitons; denial of summary judgment on one cross-claim is affirmed, while denial of summary jugdment on another cross-claim, for breach of contract, is vacated and remanded.

http://caselaw.lp.findlaw.com/data2/circs/11th/0514988p.pdf

 

U.S. District of Columbia Circuit Court of Appeals

 

Soc'y of Lloyd's v. Siemon-Netto (08/08/06 - No. 04-7214)

Summary judgment for plaintiff-insurer in a suit to enforce money judgments previously entered in a foreign suit for nonpayment of reinsurance premiums is affirmed where the district court properly struck defendants' affirmative defenses, correctly dismissed their counterclaims since defendants had contractually agreed that only English courts could hear such claims, and no evidence of tribunal bias was presented.

http://caselaw.lp.findlaw.com/data2/circs/dc/047214p.pdf

 

California Appellate Districts

 

Parkwoods Cmty. Ass'n v. California Ins. Guarantee Ass'n (08/07/06 - No. A111726)

Declaratory judgment that excess insurance policy covering liability of subcontractor defendants does not constitute "other insurance," making claim of plaintiff a covered claim and requiring defendant CIGA to pay disputed amount on behalf of insurer in liquidation, is reversed where it was stipulated that the excess insurer did in fact assume liability for the uncovered amount of the claim against the developer and the contractor, and that there was sufficient additional coverage under that policy to cover the amount for which the parties agreed the subcontractor defendants were liable.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/a111726.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/a111726.pdf

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U.S. 3rd Circuit Court of Appeals

 

In re: Nazi Era Cases Against German Defendants Litig. (08/02/06 - No. 04-3934)

In a case involving allegations that defendants, German companies, had cooperated with the Nazi regime in causing plaintiff's sterilization, dismissal of a complaint for failure to state a claim is affirmed where plaintiff's claims were nonjusticiable under the political question doctrine.

http://caselaw.lp.findlaw.com/data2/circs/3rd/043934p.pdf

 

Gross v. German Found. Indus. Initiative (08/03/06 - No. 04-2744, 04-2745)

In a World War II reparations case, dismissal of a claim contending that German companies owe "interest" on their payments to a reparations fund, created with substantial involvement of the U.S. and German governments for the benefit of Nazi victims and their descendants, is reversed where adjudicating the "interest" dispute would not present a nonjusticiable political question.

http://caselaw.lp.findlaw.com/data2/circs/3rd/042744p.pdf

 

U.S. 7th Circuit Court of Appeals

 

Keystone Consol. Indus., Inc. v. Employers Ins. Co. of Wausau (08/03/06 - No. 05-3412)

Under Illinois law, the duty to indemnify may arise even in absence of a lawsuit triggering the duty to defend, thus summary judgment for defendant-insurer in a suit for indemnification arising out of environmental clean-up costs is reversed and remanded for further proceedings.

http://caselaw.lp.findlaw.com/data2/circs/7th/053412p.pdf

 

U.S. 8th Circuit Court of Appeals

 

Cagin v. McFarland Clinic, P.C. (07/31/06 - No. 05-3592)

Summary judgment for defendant-clinic in a breach of contract action is affirmed over claims that the district court erred in: 1) finding no material fact questions existed regarding the clinic's alleged breach of an employment contract; and 2) concluding that extrinsic evidence should not be admitted to aid in interpreting the employment contract.

http://caselaw.lp.findlaw.com/data2/circs/8th/053592p.pdf

 

Great Am. Ins. Co. v. Dover, Dixon Horne, P.L.L.C. (07/31/06 - No. 05-3622)

Summary judgment for defendant-law firm in a legal malpractice suit is affirmed where: 1) plaintiffs-insurers' suit was barred by a state law barring malpractice suits by parties without a privity relationship with the attorneys; 2) a third party beneficiary exception did not apply; and 3) permitting plaintiffs to proceed, under principles of equitable subrogation, against the defendants would directly contravene relevant state law and public policy.

http://caselaw.lp.findlaw.com/data2/circs/8th/053622p.pdf

 

Lipton-U. City, LLC v. Shurgard Storage Ctrs. (07/31/06 - No. 06-1282)

Grant of plaintiff's motion to compel arbitration pursuant to the parties' lease agreement involving a large self-storage facility is reversed where the parties' arbitration agreement did not cover the matter in dispute, a contract price term which had been previously invalidated in court.

http://caselaw.lp.findlaw.com/data2/circs/8th/061282p.pdf

 

St. Paul Fire & Marine Ins. Co. v. Compaq Computer Corp. (08/04/06 - No. 05-3224)

Summary judgment to an insurer in its action to recover payments made in defending Compaq from a class-action lawsuit and on a counterclaim for additional costs of defending that lawsuit is affirmed where the district court did not err in granting summary judgment: 1) on the counterclaim on the basis of res judicata; or 2) to the insurer on its action to recover defense costs, as provided in a letter which contained a reservation of rights.

http://caselaw.lp.findlaw.com/data2/circs/8th/053224p.pdf

 

Watt v. GMAC Mortgage Corp. (08/04/06 - No. 05-3707)

Under the Real Estate Settlement Procedures Act (RESPA), mortgage servicers are allowed to charge a fee for information provided in response to qualified written requests. Dismissal, for failure to state a claim, of a class action brought by plaintiffs on their behalf and that of other homeowners whose mortgages are serviced by defendant is affirmed where RESPA did not prohibit defendant from requesting a fee for information regarding loan payouts, and an issue regarding the reasonableness of the fees had not been properly raised.

http://caselaw.lp.findlaw.com/data2/circs/8th/053707p.pdf

 

U.S. 10th Circuit Court of Appeals

 

US v. Scott (08/01/06 - No. 05-6082)

A sentence pursuant to a guilty plea to transportation of a juvenile in interstate commerce for the purpose of prostitution is reversed and remanded for resentencing where the government breached the plea agreement at issue by arguing for additional sentence enhancements.

http://caselaw.lp.findlaw.com/data2/circs/10th/056082p.pdf

 

Kaiser v. Bowlen (08/02/06 - No. 05-1050, 05-1079)

In a contract dispute arising out of the sale of a National Football League franchise, a jury verdict dismissing a breach of warranty claim is affirmed where jury instructions were proper and defendants were not judicially estopped from offering their defense. However, denial of judgment as a matter of law for defendants is reversed where a verdict that defendants breached a right of first refusal was contrary to governing Colorado law.

http://laws.lp.findlaw.com/10th/051050.html

 

U.S. 11th Circuit Court of Appeals

 

Jones v. LMR Int'l (07/31/06 - No. 05-13682)

Orders granting motions to dismiss, where plaintiffs' state law claims were defensively preempted, and dismissing all claims apart from ERISA claims in one count, and striking plaintiffs' jury demand for ERISA claim, are affirmed over claims that: 1) the district court erred in denying plaintiffs' motion to remand as the relevant ERISA plan had been terminated by the time their claims accrued and that, therefore, their claims cannot be preempted by ERISA; and 2) plaintiffs' state law claims should be remanded as they are not completely preempted by ERISA.

http://caselaw.lp.findlaw.com/data2/circs/11th/0513682p.pdf

 

Bridge Capital Investors v. Susquehanna Radio Corp. (08/01/06 - No. 05-11052)

Summary judgment in favor of plaintiff in breach of contract action relating to the relocation of FM radio stations is affirmed over claim that the district court erred when it held defendant's construction permit unambiguously became a Final Order as defined in the parties' Asset Purchase Agreement, before May 23, 2003, thus requiring defendant to pay plaintiff a $10 million additional payment set forth in another section of the agreement.

http://caselaw.lp.findlaw.com/data2/circs/11th/0511052p.pdf

 

Supreme Court of California

 

S. B. Beach Props. v. Berti (07/31/06 - No. S127513)

Defendants who do not file a special motion to strike pursuant to the anti-SLAPP statute, before plaintiffs’ voluntary dismissal of their SLAPP suit, may not recover attorney fees and costs pursuant to Code of Civil Procedure section 425.16, subdivision (c).

http://caselaw.findlaw.com/data2/californiastatecases/s127513.doc

http://caselaw.lp.findlaw.com/data2/californiastatecases/s127513.pdf

 

Dore v. Arnold Worldwide, Inc. (08/03/06 - No. S124494)

A court of appeals' reversal of summary judgment for an employer on causes of action relating to plaintiff's termination is reversed where: 1) defendant-employer's offer letter contained no ambiguity, patent or latent, in its termination provisions, and extrinsic evidence proffered by plaintiff could not contradict the letter's plain meaning; and 2) there was no triable issue of fact with respect to a cause of action for fraud.

http://caselaw.findlaw.com/data2/californiastatecases/s124494.doc

http://caselaw.lp.findlaw.com/data2/californiastatecases/s124494.pdf

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