Recently in Contract Law Category

In an action by a rail carrier against a warehouseman for penalties assessed for the undue detention of rail cars, summary judgment for defendant is affirmed where a freight re-loader cannot, without notice, be made a consignee by the unilateral action of a third party.

Read Norfolk Southern Rwy. Co. v. Groves, No. 08-15418

Appellate Information

Filed November 2, 2009

Judges

Opinion by Judge Fay

In an action for breach of a lease agreement, summary judgment for plaintiff is reversed where, when an assignment contract gives the assignor "sole discretion" to withhold consent to the assignee's proposed sublease, the assignor's exercise of that discretion is not subject to a commercial reasonableness standard.

Read Mac East, LLC v. Shoney's, No. 07-11534

Appellate Information

Filed August 11, 2009

Judges

Per Curiam

In an indemnity action by a ship owner to recover sums paid to settle an underlying maritime personal injury action, judgment for defendants is: 1) affirmed in part where the parties' agreement precluded recovering consequential damages or other indirect damages; but 2) reversed in part, where plaintiffs could proceed under federal maritime law on either a strict liability or negligence basis.

Read Cooper v. Meridian Yachts, Ltd., No. 08-13830

Appellate Information

Filed July 21, 2009

Judges

Opinion by Judge Trager

In an action seeking an injunction prohibiting Defendant airline from terminating its regional connection agreement with Plaintiff airline, an injunction in favor of Plaintiff is affirmed where Plaintiff demonstrated a substantial likelihood of success on its claim that Defendant was equitably estopped from terminating the agreement.

Read Mesa Air Group, Inc. v. Delta Air Lines, Inc., No. 08-13733

Appellate Information

July 1, 2009

Judges

Opinion by Judge Cudahy

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In a personal injury action involving a slip and fall aboard Defendant cruise line, the District Court's order granting Defendant's motion to compel arbitration is reversed where, under the parties' agreement, the dispute at issue must have some actual relation to the agreement to arbitrate, irrespective of what ship the claims originated from and when suit was brought. 

Read Thomas v. Carnival Corp., No. 08-10613

Appellate Information

Filed July 1, 2009

Judges

Per Curiam

In an action claiming that Defendant fast food franchisor violated an implied covenant of good faith and fair dealing in failing to grant Plaintiffs an exception to a system-wide "value menu" program, summary judgment for Defendant is affirmed where Plaintiffs failed to properly request an exception.

Read Burger King Corp. v. E-Z Eating, 41 Corp., No. 08-15078

Appellate Information

Filed June 30, 2009

Judges

Opinion by Judge Fay