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Case Citations [1] (2017)

handle is hein.ali/seccontract0184 and id is 1 raw text is: 





                                CONTRACTS 2D





Generally

C.A.3, 2016. Cit. generally in sup. and in ftn., cit. generally in case cit. in ftn. Trucking company that
was assigned direct purchaser's antitrust claims filed a putative antitrust class action to represent Class 8
truck purchasers against, among others, manufacturers of transmissions for Class 8 heavy-duty trucks,
alleging that defendants engaged in a monopolization conspiracy. The district court granted defendants'
motion to dismiss. This court reversed and remanded, holding that an assignment of a federal antitrust
claim did not need to be supported by bargained-for consideration in order to confer standing on an
indirect purchaser. The court cited caselaw that relied on the Restatement of Contracts and the
Restatement Second  of Contracts in determining the contours of federal common law, and concluded
that the Restatement Second of Contracts supported its conclusion that consideration was not required to
give effect to an assignment. Wallach v. Eaton Corporation, 837 F.3d 356, 361, 366-368.

C.A.10, 2016. Cit. generally in case cit. in ftn. Cable-service subscribers who paid a monthly rental fee
for an accompanying set-top box filed a putative class action against cable company, alleging that
defendant violated antitrust laws by tying its premium cable service to rental of a set-top box. The
district court granted defendant's motion to compel arbitration pursuant to dispute-resolution provisions
contained in defendant's subscriber agreements. This court affirmed, holding that the arbitration order
was proper. The court determined that plaintiffs' argument that defendant's promises were illusory was
an issue for an arbitrator to decide, given that it could only prevail as an attack on the agreement as a
whole, and explained that plaintiffs failed to show that Arizona contract law would depart from the
Restatement Second  of Contracts and require an arbitration provision to be supported by consideration
independent of the consideration supporting the contract as a whole. In re Cox Enterprises, Inc. Set-top
Cable Television Box Antitrust Litigation, 835 F.3d 1195, 1213.

Tex.App.2016.  Cit. generally in case cit. in ftn. to diss. op. In an employment dispute, this court
reversed the trial court's determination that employer had breached an oral employment agreement with
employee, holding that employee failed to present legally sufficient evidence to overcome the strong
presumption of at-will employment. The dissent noted that the Texas Supreme Court frequently relied
on the Restatement Second of Contracts in the context of employment contracts, and cited the
Restatement in support of its argument that employer's words and conduct were conclusive evidence of
its intent to be bound by the terms of an oral employment contract. Queen v. RBG USA, Inc., 495
S.W.3d  316, 332.



                              CHAPTER 1. MEANING OF TERMS

§ 2. Promise; Promisor; Promisee;  Beneficiary





A wimme    For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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