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Case Citations [1] (July 2017 through April 2018)

handle is hein.ali/seccontract0185 and id is 1 raw text is: 





                                  CONTRACTS 2D





  Generally

  D.Ariz.2016. Cit. generally in disc. In an action brought against insured motorist's insurer by insured
  motorist and others involved in a multi-vehicle accident caused by insured motorist, this court granted
  insurer's motion for judgment on the pleadings, finding that no contract of insurance was in place at the
  time of the accident, because insured motorist's insurance policy had properly and legally lapsed under
  state law and the policy terms due to a failure to make premium payments. The court dismissed
  plaintiffs' argument to treat the notice of nonpayment cancellation as an offer/acceptance scenario,
  noting that Restatement Second of Contracts was inapplicable to this action in light of applicable
  Arizona law. Perry v. Peak Property and Cas. Ins., 225 F.Supp.3d 852, 858.

  D.N.M.2017.  Cit. generally in disc. Provider of emergency air-transportation services to employee who
  suffered a work-related injury, as assignee of employee's workers' compensation benefits, filed state-
  court contract claims against employer's workers' compensation insurer following its refusal to pay for
  services that plaintiff provided to employee. After defendant removed the action, this court remanded for
  lack of federal-question jurisdiction. The court did not reach and declined to resolve defendant's
  argument that, under Restatement Second of Contracts § 317(2)(a), employee could not assign his
  workers' compensation benefits to plaintiff, however, the court noted that New Mexico courts had
  favorably cited the Restatement Second of Contracts in other contexts. Gallup Med Flight, LLC v.
  Builders Trust of New Mexico, 240 F.Supp.3d 1161, 1224.

  S.D.N.Y.2017. Cit. generally in disc. In an ERISA and breach-of-contract action between employee who
  participated in a benefits plan described in his employment contract and plan administrator, among
  others, this court denied defendants' motion for summary judgment, holding that there was a genuine
  issue of material fact as to whether plaintiff s breach of a sales-goals provision in his employment
  contract was a material breach that excused defendants' performance with respect to the plan. The court
  noted that courts often looked to Restatement Second of Contracts when applying federal common law
  to contract issues, and relied on §§ 237 and 241 in examining defendants' argument that plaintiff's
  purported breach of the sales goals was a material breach of contract that excused their performance.
  Kuhbier v. McCartney, Verrino & Rosenberry Vested Producer Plan, 239 F.Supp.3d 710, 734.

  S.D.N.Y.2016. Cit. generally in case quot. in disc. In a multidistrict action brought by Virginia driver
  against successor corporation to the original manufacturer of her car, this court denied summary
  judgment to defendant on plaintiff s claims of negligent failure to warn and negligence per se, holding
  that there was sufficient evidence to impose a post-sale duty-to-warn relationship between plaintiff and
  defendant for dangerous defects, and granted summary judgment to defendant on plaintiff s failure-to-
  recall claim. In making its decision, the court discussed the influence of the Restatements in Virginia
  and other states, noting that the Pennsylvania Supreme Court generally adopted the principles of the
  Restatement Second of Contracts. In re: General Motors LLC Ignition Switch Litigation, 202 F.Supp.3d
  362, 368.




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

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