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Case Citations [1] (July 2018-August 2019)

handle is hein.ali/seccontract0188 and id is 1 raw text is: CONTRACTS 2D Generally D.D.C.2019. Cit. generally in disc. Public employee brought a lawsuit against the U.S. Department of State and the Secretary of State, alleging, inter alia, that he was subjected to a hostile work environment and was discriminated against on the basis of race. This court granted defendants' motion to dismiss, holding that plaintiff's claims were barred by a settlement agreement, in which plaintiff had agreed to withdraw all claims for defendants' alleged conduct that occurred prior to the agreement and defendants had agreed to take actions to facilitate plaintiff's career advancements. The court noted that, generally, it would look to the Restatement Second of Contracts for analyzing Title VII settlement contracts because the Restatement reflected the prevailing view among states and was consistent with the remedial policies of Title VII. Moore v. United States Department of State, 351 F.Supp.3d 76, 89. D.D.C.2018. Cit. generally in case quot. in disc. In a dispute arising from a landfill that the United States Navy created decades ago in a territory of the United States, this court denied the United States' motion to dismiss territory's claim seeking to recover costs related to the cleanup of the landfill under the Comprehensive Environmental Response, Compensation, and Liability Act, holding that territory was not precluded from maintaining such a claim against the United States based on its prior consent decree with the U.S. Environmental Protection Agency. In making its decision, the court noted that a consent decree between the federal government and another party had to be interpreted in light of the federal common law of contracts, which was typically derived from the Restatement Second of Contracts. Government of Guam v. United States, 341 F.Supp.3d 74, 86. CHAPTER 1. MEANING OF TERMS § 1. Contract Defined N.D.Ga.2017. Cit. in case cit. in disc. Structural-steel subcontractors brought a lawsuit against general contractor, alleging that defendant violated the parties' agreement to negotiate in good faith in order to enter into a subcontract, and instead entered into a subcontract with a competitor. This court denied defendant's motion to dismiss, holding, inter alia, that Georgia law recognized contracts under which the parties agreed to enter into a future agreement. The court cited Restatement Second of Contracts §§ 1 and 17 in explaining that, because the parties manifested their intent to be bound and provided consideration, the agreement to agree between the parties was a valid and enforceable contract. Crystal Steel Fabricators, Inc. v. AMEC Foster Wheeler Programs, Inc., 349 F.Supp.3d 1364, 1370- 1371. Mass.App.2018. Quot. in case quot. in disc. Real-estate developer brought a lawsuit against trustees, alleging that defendants unjustifiably terminated a sale-of-land contract in violation of a valid amendment to the contract; defendants argued that plaintiff had breached the contract first by failing to make its monthly payments, and that the modifications were invalid because the parties never agreed to COPYRIGHT 02019 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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