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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.

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