Recently in Contract Law Category

In an action by an insurer seeking a declaration that it had no obligation to defend or indemnify defendant against a certain claim because he failed to give proper notice of the claim to insurer, default judgment for plaintiffs is reversed where intervenor-Northwest Airlines should have been permitted to defend the declaratory relief action on its own.

Read Westchester Fire Ins. Co. v. Mendez, No. 07-17383

Appellate Information

Argued and Submitted April 17, 2009

Filed October 28, 2009

Judges

Opinion by Judge Clifton

Counsel

For Appellant:

Jeffrey A. Eyers and Jeffrey A. Ehrich, Leonard Street and Deinard, Minneapolis, MN

For Appellee:

Erin Fury Parkinson and Margaret Diamond, McGlinchey Stafford, New Orleans, LA

In a 42 U.S.C. section 1983 action claiming that plaintiffs were unlawfully detained during defendant-officers' search of their home, district court's partial denial of qualified immunity to defendants is reversed where, given that officers may search the home of a parolee or probationer without a warrant so long as the officers have probable cause to believe they are at the address where the parolee resides, there is no need to be concerned that a neutral magistrate had not approved the reasonableness of the compliance search.

Read Sanchez v. Canales, No. 06-55584

Appellate Information

Argued and Submitted November 21, 2008

Filed July 30, 2009

Judges

Opinion by Judge Hawkins

Dissent by Judge Pregerson

Counsel

For Appellants:

Blithe S. Bock, Deputy City Attorney, Los Angeles, CA

For Appellees:

Marion R. Yagman, Yagman & Yagman & Reichmann, Venice Beach, CA

Stephen Yagman, Yagman & Yagman & Reichmann, Venice Beach, CA

In a petition to vacate an arbitration award on fraud and conversion claims arising out of the failure of the parties' partnership, denial of the petition is affirmed where 1) the award did not manifestly disregard the law; and 2) the court of appeals was not authorized to review the panel's factual findings and legal conclusions.

Read Bosack v. Soward, No. 08-35248

Appellate Information

Argued and Submitted June 4, 2009

Filed July 23, 2009

Judges

Opinion by Judge Thompson

Counsel

For Appellant:

Kathleen M. Sullivan, Redwood Shores, CA

For Appellees:

J. Daniel Sharp, San Francisco, CA

In an action claiming that defendant-state violated the Medicaid Act by awarding a managed health care contract to plaintiff's competitors, dismissal of the complaint is affirmed where 42 U.S.C. section 1396b(m) does not confer a federal right to contract eligibility on plaintiff that could be remedied under Section 1983.

Read AlohaCare v. Hawaii, No. 08-16589

Appellate Information

Argued and Submitted May 15, 2009

Filed July 14, 2009

Judges

Opinion by Judge Bybee

Counsel

For Appellant:

James L. Feldesman, Feldesman Tucker Leifer Fidell LLP, Washington, DC

For Appellees:

John F. Molay, Deputy Attorney General, Department of the Attorney General, Honolulu, HI

Charles A. Miller, Covington & Burling, LLP, Washington, DC

In an action by an Indian tribe against another tribe seeking equitable apportionment of a shared fishery, the dismissal of the complaint is affirmed where the request for allocation was not permitted by the terms of the tribe's agreement.

Read US v. Washington, No. 07-35062

Appellate Information

Argued and Submitted October 21, 2008

Filed July 13, 2009

Judges

Opinion by Judge Kleinfeld

Counsel

For Appellants:

Douglas B. L. Endreson, Sonosky, Chambers, Sachse, Endreson & Perry, LLP, Washington, DC

For Appellees:

Lauren P. Rasmussen, Law Offices of Lauren P. Rasmussen, PLLC, Seattle, WA

In a breach of contract action by employees of foreign suppliers to a U.S. retailer based on a code of conduct included in Defendant's supply contracts specifying labor standards suppliers must meet, the dismissal of the complaint is affirmed where the code of conduct did not create a duty on the part of Defendant to monitor the suppliers, and did not provide Plaintiffs a right of action against Defendant as third-party beneficiaries.

Read Doe v. Wal-Mart Stores, Inc., No. 08-55706

Appellate Information

Argued and Submitted May 8, 2009

Filed July 10, 2009

Judges

Opinion by Judge Gould

Counsel

For Appellants:

Terrence P. Collingsworth, Conrad & Scherer, Washington, DC

Dan Stormer, Hadsell & Stormer, Pasadena, CA

For Appellee:

James N. Penrod, Morgan, Lewis & Bockius, San Francisco, CA

Thomas M. Peterson, Morgan, Lewis & Bockius, San Francisco, CA

In an action by the receiver of a foundation found to have engaged in fraudulent investment sales to recover commissions paid to the foundation's salespersons, judgment for Plaintiff is affirmed, where the charitable gift annuities sold by Defendants were investment contracts under federal securities law.

Read Warfield v. Bestgen, No. 07-15586

Appellate Information

Argued October 23, 2008

Filed June 24, 2009

Judges

Opinion by Judge Thomas

Counsel

For Appellants:

Burton M. Bentley, The Bentley Law Firm, P.C., Phoenix, AZ

For Appellee:

Alisan M.B. Patten, Guttilla Murphy Anderson, P.C., Phoenix, AZ

In a breach of contract action concerning an Independent Retail Brokerage Service Agreement, the District Court's order remanding the action to state court is affirmed, as Plaintiffs' motion to remand was based on a forum selection clause and thus was not subject to the thirty-day requirement of 28 U.S.C. section 1447(c).

Read the full decision in Kamm v. ITEX Corporation, No. 07-35079.

Appeal from the United States District Court for the District of Oregon. Anna J. Brown, District Judge, Presiding.

Judges:

Before William A. Fletcher and Raymond C. Fisher, CircuitJudges, and Charles R. Breyer, District Judge. The Honorable Charles R. Breyer, UnitedStates District Judge for the
Northern District of California, sitting by designation.

Opinion by Judge Fletcher.

Counsel:

Stephen A. Redshaw, Stoel Rives LLP, Portland, Oregon, for the appellant.

Christopher L. Garrett, Perkins Coie LLP, Portland, Oregon, for the appellees.