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Case Citations [1] (April 2023 - August 2023)

handle is hein.ali/seccontract0194 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2023 Citations CONTRACTS 2D Generally C.A.8, 2022. Cit. generally in sup. After a worker was injured in an iron ore mine and the Secretary of Labor obtained civil penalties against mine operator for, among other things, recklessly disregarding mandatory maintenance standards in violation of a federal statute, this court denied operator's petition for review. In making its decision, the court found that the Secretary of Labor's definition of recklessness, which was adopted from Restatement Second of Torts § 500, was reasonable and aligned with the purpose of the statute, noting that federal courts had previously looked to other sections of the Restatement Second, including the Restatement Second of Agency, the Restatement Second of Contracts, and the Restatement Second of Trusts. Northshore Mining Company v. Secretary of Labor, 46 F.4th 718, 731. D.N.M.2021. Cit. generally in ftn. Business-development consultant who was hired to increase the profitability of a cattle ranch in order to attract potential buyers sued owner of the ranch, alleging that owner breached his promise to pay a finder's fee to consultant upon the sale of the ranch. After a bench trial, this court granted judgment for consultant and awarded him damages against owner, holding that owner breached a valid contract between the parties by failing to pay consultant a percentage of the sale price of the ranch. The court reasoned, in part, that owner made a counteroffer to consultant via email, which became an offer within the meaning of Restatement Second of Contracts § 32, and that the New Mexico Supreme Court would likely rely on § 32, because it consistently cited and used the Restatement Second of Contracts. Tyler Group Partners, LLC v. Madera, 564 F.Supp.3d 944, 997, 999, 1001, 1019- 1021. Ill.App.2021. Cit. generally in treatise cit. in sup. Shareholders of limited-liability company sued former and current shareholders, alleging, inter alia, that defendants tortiously interfered with limited-liability company's prospective sale of shares to third-party purchaser, forcing company to sell the shares to current shareholders for a substantially lower amount. The trial court granted defendants' motion to compel arbitration. This court affirmed, holding that it reviewed the trial court's order to compel arbitration under the de novo standard, because the only inference a reasonable factfinder could draw from the record was that defendants did not waive their right to arbitration under limited-liability company's operating agreement. Citing the Restatement Second of Contracts, the court explained that, even if defendants impliedly waived their right to arbitration, they were entitled to retract that waiver, because the record did not indicate that the time for arbitration expired or that plaintiffs relied on defendants' waiver such that retraction would be unjust. Dustman v. Advocate Aurora Health, Inc., 192 N.E.3d 47, 55. COPYRIGHT C2023 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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