Recently in Contract Law Category

In an action seeking the proceeds of a maritime insurance policy, partial summary judgment for defendant, holding that the measure of indemnity was limited under the policy to the amount by which the payments to the holders of the priming liens for necessaries reduced plaintiff's recovery on its mortgages, is affirmed in part where the policy did not allow recovery of consequential damages.  However, the order is reversed in part where the difference in values was not to be determined solely by the proceeds recovered from the foreclosure sale at issue.

Read First Am. Bank v. First Am. Transp. Title Ins. Co., No. 07-31033

Appellate Information

Filed October 14, 2009

Judges

Opinion by Judge Owen

In an action to declare void a policy of marine insurance, the court of appeals answered a certified question in favor of plaintiff where, under federal maritime choice of law rules, contractual choice of law provisions were generally recognized as valid and enforceable, and the parties chose New York law in the policy.

Read Great Lakes Reinsurance (UK) PLC v. Durham Auctions Inc., No. 08-60898

Appellate Information

Filed October 9, 2009

Judges

Opinion by Judge Garwood

In an action for Hurricane Katrina-related insurance proceeds, summary judgment for defendant-insurer is affirmed where the parties' prior settlement agreement precluded plaintiff's claim because it unambiguously released all Katrina-related claims arising from insured damage known to plaintiff at the time of the settlement.

Read Wiley v. State Farm Fire & Cas. Co., No. 09-60191

Appellate Information

Filed October 9, 2009

Judges

Opinion by Judge Wiener

In a breach of contract action regarding the resale of trade claims and bank debt, summary judgment for Defendant is vacated, where 1) the agreement was ambiguous and required extrinsic evidence to be interpreted; and 2) Defendant did not produce sufficient evidence of industry standards to show that the agreement could not be definite enough to be enforceable.

Read APS Capital Corp. v. Mesa Air Grp. Inc., No. 08-50770

Appellate Information

Filed August 20, 2009

Judges

Opinion by Judge Higginbotham

In a breach of contract action concerning mold remediation, summary judgment for Defendant is affirmed, where Louisiana's rule of absolute nullity for a contracting agreement entered into without the benefit of a contractor's license limited Plaintiff's recovery to "the actual cost of materials, services and labor."

Read Tradewinds Env'tl. Restoration, Inc. v. St. Tammany Park LLC, No. 08-30729

Appellate Information

Filed August 4, 2009

Judges

Opinion by Judge Clement

In a breach of contract action regarding a public water utility, an injunction requiring defendant to change its main pipe interface with plaintiff and turn over certain customer information to plaintiff is: 1) affirmed in part where the risk of an overload to Plaintiff's water supply could harm the public interest; but 2) reversed in part, where plaintiff failed to show a threat of irreparable injury justifying its receipt of customer information.

Read Bluefield Water Assn. Inc. v. Starkville, No. 08-60648

Appellate Information

Filed July 21, 2009

Judges

Opinion by Judge Higginbotham

In an action by an insurer seeking a declaration that defendant's policy did not cover wind damage, judgment for defendant is reversed where Miss. Code Ann. section 83-5-28 does not prevent a properly authorized agent from being sent the notice that is required under the policy.

Read Great Am. Ins. Co. of N.Y. v. Lowry Dev. LLC, No. 08-60312

Appellate Information

Filed July 17, 2009

Judges

Opinion by Judge Southwick

In a breach of contract dispute involving the extension of a credit facility, summary judgment for Defendant is affirmed in part where Defendants owed no fiduciary duty to Plaintiff; but reversed in part, where Plaintiff's detrimental reliance and promissory estoppel claims derived from a breach of promise rather than a breach of duty, and thus were not barred by the statute of limitations.

Read Keenan v. Donaldson, Lufkin & Jenrette, Inc., No. 09-30102

Appellate Information

Filed July 9, 2009

Judges

Opinion by Judge Haynes

In a breach of contract action involving repairs to a steam turbine, judgment for Plaintiff is affirmed, where the doctrine of substantial compliance excuses a party's deviations from a contractual requirement, but only if those deviations do not severely impair the purpose of the requirement.

Read South Tex. Elec. Cooperative v. Dresser-Rand Co., No. 08-40715

Appellate Information

Filed on July 9, 2009

Judges

Opinion by Judge Haynes

In an appeal from the District Court's denial of Defendant's motion to stay litigation and compel arbitration, the order is affirmed where Defendant waived its right to arbitrate because it substantially invoked the judicial process by waiting to move to arbitrate until the District Court ruled on an underlying contract issue.

Read Petroleum Pipe Americas Corp. v. Jindal Saw Ltd., No. 08-20461

Appellate Information

Filed July 9, 2009

Judges

Opinion by Judge Benavides