About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

Case Citations [1] (July 2018-August 2019)

handle is hein.ali/seccontract0188 and id is 1 raw text is: 





                                 CONTRACTS 2D



Generally

D.D.C.2019.  Cit. generally in disc. Public employee brought a lawsuit against the U.S. Department of
State and the Secretary of State, alleging, inter alia, that he was subjected to a hostile work environment
and was discriminated against on the basis of race. This court granted defendants' motion to dismiss,
holding that plaintiff's claims were barred by a settlement agreement, in which plaintiff had agreed to
withdraw  all claims for defendants' alleged conduct that occurred prior to the agreement and defendants
had agreed to take actions to facilitate plaintiff's career advancements. The court noted that, generally, it
would look to the Restatement Second of Contracts for analyzing Title VII settlement contracts because
the Restatement reflected the prevailing view among states and was consistent with the remedial policies
of Title VII. Moore v. United States Department of State, 351 F.Supp.3d 76, 89.

D.D.C.2018.  Cit. generally in case quot. in disc. In a dispute arising from a landfill that the United
States Navy created decades ago in a territory of the United States, this court denied the United States'
motion to dismiss territory's claim seeking to recover costs related to the cleanup of the landfill under
the Comprehensive  Environmental Response,  Compensation, and Liability Act, holding that territory
was not precluded from maintaining such a claim against the United States based on its prior consent
decree with the U.S. Environmental Protection Agency. In making its decision, the court noted that a
consent decree between the federal government and another party had to be interpreted in light of the
federal common  law of contracts, which was typically derived from the Restatement Second of
Contracts. Government  of Guam v. United States, 341 F.Supp.3d 74, 86.



                              CHAPTER 1. MEANING OF TERMS

§ 1. Contract Defined

N.D.Ga.2017.  Cit. in case cit. in disc. Structural-steel subcontractors brought a lawsuit against general
contractor, alleging that defendant violated the parties' agreement to negotiate in good faith in order to
enter into a subcontract, and instead entered into a subcontract with a competitor. This court denied
defendant's motion to dismiss, holding, inter alia, that Georgia law recognized contracts under which the
parties agreed to enter into a future agreement. The court cited Restatement Second of Contracts §§ 1
and 17 in explaining that, because the parties manifested their intent to be bound and provided
consideration, the agreement to agree between the parties was a valid and enforceable contract.
Crystal Steel Fabricators, Inc. v. AMEC Foster Wheeler Programs, Inc., 349 F.Supp.3d 1364, 1370-
1371.

Mass.App.2018.   Quot. in case quot. in disc. Real-estate developer brought a lawsuit against trustees,
alleging that defendants unjustifiably terminated a sale-of-land contract in violation of a valid
amendment   to the contract; defendants argued that plaintiff had breached the contract first by failing to
make  its monthly payments, and that the modifications were invalid because the parties never agreed to

                             COPYRIGHT 02019 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.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most