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Case Citations [1] (Spring 2024)

handle is hein.ali/seccontract0196 and id is 1 raw text is: * THE AMERICAN LAW INSTITUTE Spring 2024 Citations CONTRACTS 2D Generally S.D.Iowa.2022. Cit. in case cit. in sup. Professional boxer sued boxing promotional company that agreed to arrange boxing matches against suitable opponents on boxer's behalf, alleging, among other things, breach of contract based on company's failure to arrange the minimum number of matches each calendar year as required by the parties' agreement. This court denied in part boxer's partial motion for summary judgment, holding that questions of fact remained as to whether boxer unreasonably withheld approval of certain opponents. Noting that the Iowa Supreme Court had previously relied on principles of contract interpretation from the Restatement Second of Contracts, the court cited Restatement Second of Contracts § 229 in explaining that the term calendar year was unambiguous and referred to the period of time beginning January 1 through December 31, rejecting boxer's argument that it referred to a rolling year starting when boxer first signed the agreement. Miljas v. Greg Cohen Promotions, LLC, 621 F.Supp.3d 936, 944. W.D.Wis.2022. Cit. in ftn. In a dispute arising from easements that energy company had obtained from the Bureau of Indian Affairs to build and operate a pipeline over individually owned allotment parcels in Indian tribe's reservation, tribe, which later acquired total or partial ownership interests in the parcels, sued company, after the easements expired and company refused to remove the pipeline; defendant counterclaimed, alleging that plaintiff breached a separate contract in which it had granted defendant an easement over its property, by failing to extend that easement over the allotments once it acquired ownership of them. This court granted plaintiff's motion for summary judgment, holding that plaintiff was not obligated by the agreement to grant defendant easements on the allotment parcels. The court noted that, while federal law applied to plaintiff's trespass claims and defendant's contract claims, it also looked to state law and the Restatement Second of Contracts for guidance. Bad River Band of Lake Superior Tribe of Chippewa Indians of Bad River Reservation v. Enbridge Energy Company, Inc., 626 F.Supp.3d 1030, 1041. Ariz.2023. Cit. generally in case cit. in sup. Customer filed a class action in federal court against credit union, alleging that it used ambiguous and misleading language concerning its overdraft fees in violation of federal law. After credit union moved to compel customer to arbitrate pursuant to its updated terms and conditions, which customer had neither viewed nor affirmatively opted out of, the district court COPYRIGHT ©2024 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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