About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

Case Citations (March 2016 through June 2016) [i] (2016)

handle is hein.ali/seccontract0182 and id is 1 raw text is: CONTRACTS 2D Generally D.D.C.2015. Cit. generally in cases cit. and quot. in sup. In an action brought by trustee of failed thrift's securities against bank and Federal Deposit Insurance Corporation that had sold substantially all of thrift's assets and liabilities to bank, this court granted in part summary judgment for bank, holding that bank did not assume thrift's unbooked mortgage-repurchase liabilities. The court acknowledged that it looked to the Restatement Second of Contracts when analyzing questions of federal common law, and, applying principles from that Restatement here, determined that the agreement unambiguously transferred only booked liabilities. Deutsche Bank National Trust Company v. Federal Deposit Insurance Corporation, 109 F.Supp.3d 179, 197. D.Hawaii, 2015. Cit. generally in case quot. in sup. In a case where defendant contractor filed a third- party complaint against developer and developer counterclaimed for liquidated damages, this court held that there were genuine issues of material fact as to whether the liquidated-damages provision was reasonable. In making its decision, the court noted that Hawaii courts often looked to Restatement Second of Contracts for guidance and, in this case, the court interpreted state law as following § 356 in determining the reasonableness of liquidated damages by measuring them against both actual damages and anticipated damages. American Elec. Co., LLC v. Parsons RCI, Inc., 90 F.Supp.3d 1079, 1089. CHAPTER 1. MEANING OF TERMS § 1. Contract Defined D.Or.Bkrtcy.Ct.2015. Quot. in sup., cit. in cases cit. in sup. Creditor filed an objection to a proof of claim filed by Chapter 7 debtor's father for advances paid to debtor or on debtor's behalf, alleging that the advances were gifts, rather than loans, or that the claim was subordinate to plaintiff's claim based on debtor's and father's subordination agreement. This court allowed the claim as a general unsecured claim and subordinated it to allowed claims of other general unsecured creditors. Citing Restatement Second of Contracts § 1, the court concluded that the fact that debtor's and father's promissory notes were unenforceable because they were ineffectively recorded did not determine that the advances were not loans, given that there was sufficient evidence that there was an enforceable oral agreement that obligated debtor to repay the advances. In re Howland, 545 B.R. 653, 657, 659. Fla.App.2015. Cit. in sup. Security guard whose employer was hired to provide security at an air show brought a negligence action against show's operator, alleging that defendant was liable for the injuries she suffered when, during the show, a tornado struck the shack in which she was working. The trial court entered summary judgment for defendant, finding that the workers' compensation benefits plaintiff received from her employer were her exclusive remedy. This court reversed and remanded, holding that defendant was not entitled to immunity, because it was not a contractor for purposes of Florida's .AcLILJ For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most