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Case Citations [i] (2016)

handle is hein.ali/seccontract0183 and id is 1 raw text is: CONTRACTS 2D Generally C.A.9, 2016. Cit. generally in sup. In a dispute arising from a franchise agreement between prospective franchisees and franchisor, this court reversed the district court's grant of franchisor's motion to compel arbitration under the terms of the agreement, holding that the agreement was not binding under federal common law. The court explained that, because this action arose under the Federal Arbitration Act, the issue of whether the agreement was binding was governed by federal common law, which often looked to the general principles for interpreting contracts set forth in the Restatement Second of Contracts. Casa del Caffe Vergnano S.P.A. v. ItalFlavors, LLC, 816 F.3d 1208, 1212. C.A.9, Bkrtcy.App.2016. Cit. generally in ftn. In an adversary proceeding, this court vacated and remanded the bankruptcy court's determination that a retainer agreement between debtor and law firm that represented him did not constitute an executory contract, holding that, at the time of debtor's bankruptcy filing, both parties to the retainer agreement had contractual duties that were both material and not yet performed. In making its decision, the court relied on the Restatement Second of Contracts, noting that, absent contrary precedent, Arizona courts generally followed the Restatement. In re Boates, 551 B.R. 428, 435. D.Ariz.2010. Cit. generally in case quot. in sup. In a trademark dispute brought by car manufacturer against company that sold parts and services for preowned cars made by manufacturer, this court granted in part plaintiff's motion for summary judgment, holding that an enforceable settlement existed between the parties, and that questions of fact remained as to whether defendant was liable for breach of contract or breach of the implied duty of good faith and fair dealing in connection with the settlement. In making its decision, the court relied on provisions of the Restatement Second of Contracts and the Restatement Second of Agency, noting that, absent controlling law to the contrary, Arizona courts generally followed the Restatements of the Law. BMW of North America, LLC v. Mini Works, LLC, 166 F.Supp.3d 976, 982. S.D.Tex.2015. Cit. generally in cases cit. in sup. In a breach-of-contract action brought by oil-and-gas company against joint venture and joint venturers-a marine-services company, and a limited-liability company-this court denied marine-services company's motion for summary judgment, holding that marine-services company was liable under the parties' contract, because it signed individually, rather than solely on behalf of joint venture. In making its decision, the court noted that, in admiralty and federal common-law actions, it looked to the Restatement of Contracts and the Restatement Second of Contracts for guidance on contract issues. BP Exploration & Production Inc. v. Cashman Equipment Corp., 132 F.Supp.3d 876, 884. W.D.Va.2016. Cit. generally in case cit. in sup. In Chapter 13 proceedings for debtor husband and wife, this court affirmed the bankruptcy court's decision that credit union's prior judgment against husband for the balance due on a credit-card account issued to husband and wife did not extinguish wife's iAnw For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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