Highway Sales, Inc. v. Blue Bird Corp., No. 07-3225. on July 31, 2003, plaintiffs purchased a Blue Bird Wanderlodge RV. From that date until July 2, 2004, the RV suffered from numerous problems. The RV underwent numerous repairs, but continued experiencing difficulties. On July 2, 2004, plaintiffs brought the RV back and sent a July [...]
Archive for the ‘Contract Law’ Category
Eighth Circuit explains “beyond repair” requirement of breach of express warranty for future performances.
Posted in Contract Law, Practice & Procedure on March 19, 2009 | Leave a Comment »
Arkansas Court of Appeals allows course-of-dealing and course-of-performance evidence to explain terms in fully integrated contract.
Posted in Contract Law on March 11, 2009 | Leave a Comment »
L.F. Brands Marketing, Inc. v. Dillard’s, Inc., No. CA07-1210. Plaintiff sold clothing to defendant for many years under a contract that contained a merger clause. Under the parties’ agreement, defendant could deduct markdown allowances and chargebacks from the amount owed to plaintiff. The total of these markdown allowances and chargebacks was negotiated orally by the [...]
Third Circuit holds that arbitration clauses can be struck down if they contain class-arbitration waivers.
Posted in Arbitration, Contract Law on February 26, 2009 | Leave a Comment »
American Express was sued over the terms of its Blue Cash rewards program, but the case was dismissed because the credit card contracts required each member of the class to enter into arbitration with American Express individually. On appeal, the Third Circuit Court of Appeals noted there was a question of whether state law would [...]
Eighth Circuit holds that executing on a surety bond requires only but-for causation.
Posted in Arbitration, Construction Law, Contract Law, Insurance Law on February 4, 2009 | Leave a Comment »
Spirtas Co. v. Ins. Co. of the State of Penn., No. 07-1547. Contracts A contractor entered into a $2.8 million agreement with a property owner to remove asbestos from the property. The remediation contract contained an arbitration clause. The property owner required the contractor to obtain a $2.8 million surety bond for the work. The [...]
Arkansas Court of Appeals upholds choice of law provision in employment contract.
Posted in Arbitration, Contract Law, Employment Law on December 10, 2008 | Leave a Comment »
Terminix Int’l Co. v. Trivitt, No. CA 08-233 A terminated employee brought a suit against her former employer for defamation and outrage. The employer moved to compel the case to arbitration based on the arbitration clause included in the employee’s employment contract. The arbitration clause at issue stated that the arbitration agreement would be governed [...]
Eighth Circuit holds that arbitration clause of terminated credit agreement is assignable.
Posted in Arbitration, Contract Law on December 8, 2008 | Leave a Comment »
Koch v. Compucredit Corp., No. 07-1948 Plaintiff sued a group of creditors who took over collections of a defunct bank for violating the Fair Debt Collection Practices Act and the Arkansas Deceptive Trade Practices Act. The defendant creditors moved to compel arbitration under the arbitration clause of the credit agreement, but the trial court denied [...]
Jodie L. Hill
-
Twitter Updates
- So sweet! RT @tsudo 50 Rules for Dads of Daughters bit.ly/q13rfn - A beautiful lesson on being a #GirlDad 3 months ago
- RT @KatieMcManners: I would rather attempt to do something great and fail, than to do nothing and succeed. – Dr. Robert Schuller 3 months ago
- I love it when updates screw up the whole app. Thx #Facebook !! 4 months ago
- RT @the_shizknit: Why is your cable box a horrible, energy-sucking beast? http://t.co/bKttmaYH 4 months ago
- RT @nprnews: Influential Panel Giving Thumbs Down To Routine Prostate Cancer Test http://n.pr/pvFPid 4 months ago
Categories
- Administrative Law
- Animal Law
- Antitrust
- Arbitration
- Blawg Review
- Blog Directories
- Business Law
- Civil Rights
- Constitutional Law
- Construction Law
- Consumer Protection
- Contract Law
- Criminal Law
- Disability Law
- Education Law
- Eleventh Amendment
- Employment Law
- Environmental Law
- Ethics
- Family Law
- First Amendment
- Fourth Amendment
- General Information
- Health Law
- Homeland Security
- Immigration Law
- In Focus
- Insurance Law
- International Law
- Internet Law
- Jurisdiction
- Legislation
- Medical Malpractice
- Politics
- Practice & Procedure
- Probate Law
- Products Liability
- Property Law
- Regulatory Law
- Tenth Amendment
- Torts
- Transportation Law
- Trusts & Estates
- Uncategorized
-
Recent Posts
- Seventh Circuit holds that indigent plaintiff’s lawsuit should not have been dismissed solely because he was unable to pay a court-imposed sanction.
- Ninth Circuit finds that government failed to properly consider the potential impact an increase in Medicare co-payments would have on economically vulnerable Arizonans.
- Fifth Circuit holds that a school district can be held liable for allowing an unauthorized stranger to remove and then sexually abuse a student.
- Utah Court of Appeals holds that “religious” tattoo parlor not exempt from paying unemployment insurance.
- Third Circuit holds that plaintiffs lack standing to challenge individual mandate provision of health care reform because they have no current injury.
-
Top Posts
- Ninth Circuit upholds $250,000 verdict against debt-collection firm for emotional distress.
- Eighth Circuit explains the difference between emotional disturbance and social maladjustment under the IDEA.
- Arkansas Court of Appeals holds that a successful plaintiff may seek attorney fees under Ark. Code Ann. § 23-79-209, even if declaratory judgment was sought as a counterclaim.
February 2012 S M T W T F S « Sep 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Archives
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- December 2010
- November 2010
- October 2010
- September 2010
- August 2010
- July 2010
- June 2010
- May 2010
- April 2010
- March 2010
- February 2010
- January 2010
- December 2009
- November 2009
- October 2009
- September 2009
- August 2009
- July 2009
- June 2009
- May 2009
- April 2009
- March 2009
- February 2009
- January 2009
- December 2008
This Day at Law- Story of the Day
- An error has occurred; the feed is probably down. Try again later.
- Law.com Newswire
-
Blog Stats
- 26,897 hits
-
-
-
-
