Recently in Contract Law Category

In an interlocutory appeal of the district court's denial of defendants' motion to dismiss premised on the existence of an arbitration agreement, the appeal is dismissed for lack of jurisdiction where, to properly invoke appellate jurisdiction under the Federal Arbitration Act (FAA), the movant must either explicitly move to stay litigation and/or compel arbitration pursuant to the FAA, or it must be unmistakably clear from the four corners of the motion that the movant seeks relief provided for in the FAA.

Read Conrad v. Phone Directories Co., No. 07-6276

Appellate Information

Filed November 10, 2009

Judges

Opinion by Judge Ebel

Counsel

For Appellants:

Ronald W. Taylor, David E. Strecker and Jessica C. Ridenour, Venable, LLP, Baltimore, MD

For Appellee:

Scott F. Brockman, Stanley M. Ward, Woodrow K. Glass, Norman, OK

In an action seeking a declaration that plaintiff held a lease on certain oil-producing land, judgment for plaintiff is affirmed where the production allocation scheme of the unit failed to meet the unambiguous requirements of defendant's lease, and that lease had expired by its terms.

Read Trans-Western Petroleum, Inc. v. US Gypsum Co., No. 08-4120

Appellate Information

Filed October 27, 2009

Judges

Opinion by Judge Holloway

Counsel

For Appellants:

Jack R. Luellen, Katherine W. Wittenberg and Frederick M. MacDonald, Beatty & Wozniak, P.C., Denver, CO

For Appellee:

Stephen K. Christiansen, Thomas W. Clawson and Sam Meziani, Van Cott, Bagley, Cornwall McCarthy, Salt Lake City, UT

In an action for breach of implied contract and defamation based on false statements allegedly made by plaintiff's former employer on an NASD Form U5 regarding plaintiff's termination, summary judgment for defendant is affirmed where: 1) defendant's statements on the form were substantially true; and 2) plaintiff could not have reasonably expected that, after defendant began investigating plaintiff for forgery, defendant limited its right to terminate his employment through the nonspecific statements of two employees that "nothing bad would happen."

Read Cory v. Allstate Ins., No. 08-2168

Appellate Information

Filed September 9, 2009

Judges

Opinion by Judge Tacha

Counsel

For Appellant:

Timothy L. White, Valdez and White Law Firm, Albuquerque, NM

For Appellees:

M. Scott Barnard, Akin Gump Strauss Hauer & Feld LLP, Dallas, TX

John V. Jansonius, Akin Gump Strauss Hauer & Feld LLP, Dallas, TX

In an action seeking a garnishment order in Kansas against an insurance company for its alleged negligent or bad faith refusal to settle plaintiff's claim against defendant's insured, judgment for defendant is reversed where the issue was governed by the law of the place where the contract was made, in this case Kansas, and thus the district court erred in applying Missouri law.

Read Moses v. Halstead, No. 08-3088

Appellate Information

Filed September 8, 2009

Judges

Opinion by Judge Seymour

Counsel

For Appellant:

William J. Pauzauskie, Topeka, KS

For Appellee:

Barrett J. Vahle, Sonnenschein Nath & Rosenthal LLP, Kansas City, KS

In an action against two insurance companies claiming that they wrongfully caused plaintiff to settle a bad faith lawsuit brought against it by two insureds, judgment for plaintiff is affirmed where: 1) the parties' agreement required defendant to notify plaintiff of any demand made by the insureds, not just "new" ones; and 2) the district court did not abuse its discretion by excluding an expert's proposed testimony on insurance industry practice, because it would not assist the jury.

Read N. Am. Specialty Ins. Co. v. Britt Paulk Ins. Agency, Inc., No. 07-7115

Judges

Opinion by Judge Lucero

Counsel

For Appellant:

Eric Mareshie, Secrest, Hill & Butler, Tulsa, OK

James K. Secrest, II, Secrest, Hill & Butler, Tulsa, OK

For Appellee:

Joseph R. Farris, Feldman Franden Woodard & Farris, Tulsa, OK

Paula J. Quillin, Feldman Franden Woodard & Farris, Tulsa, OK

In an action seeking a declaration that defendant was barred from collecting delay damages under the parties' construction subcontract, summary judgment for plaintiff is reversed where the district court erred by: 1) refusing to consider discovery documents produced by plaintiff in its initial disclosures; and 2) discounting two affidavits submitted by defendant without first analyzing their admissibility under the sham affidavit rule.

Read Law Co. v. Mohawk Constr. & Supply Co., Inc., No. 08-3076

Appellate Information

Filed August 17, 2009

Judges

Opinion by Judge Lucero

Counsel

For Appellant:

David E. White, Spencer Fane Britt & Browne LLP

Joshua C. Dickinson, Spencer Fane Britt & Browne LLP

For Appellee:

Ron Campbell, Fleeson, Gooing, Coulson & Kitch, L.L.C., Wichita, KS

In a breach of contract action alleging that defendant failed to implement a required interest rate reduction pursuant to the parties' mortgage agreement, plaintiff's appeal is dismissed where defendant purchased the right to pursue plaintiff's cause of action at a public execution sale.

Read RMA Ventures Cal. v. SunAmerica Life Ins. Co., No. 08-4035

Appellate Information

Filed August 11, 2009

Judges

Opinion by Judge Baldock

Counsel

For Appellant:

Ronald W. Ady, Salt Lake City, UT

For Appellees:

George W. Pratt, Jones, Waldo, Holbrook & McDonough, Salt Lake City, UT

In an action for breach of a franchise agreement, judgment for Defendant is affirmed, where 1) Plaintiff presented insufficient evidence that his franchise agreement had been modified; and 2) Plaintiff's unclean hands gave the District Court authority to deny him an equitable estoppel remedy.

Read Haynes Trane Serv. Agency v. Am. Std., Inc., No. 07-1441

Appellate Information

Filed July 6, 2009

Judges

Opinion by Judge Hartz

Counsel

For Appellants:

Marcy G. Glenn, Holland & Hart LLP, Denver, CO

For Appellee:

Daniel M. Reilly, Reilly Pozner & Connelly LLP, Denver, CO