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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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