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Contract Law

Contracts: Breach of Contract-Batson-Challenge Prejudgment Interest

(1)Where appellant general contractor and respondent office building owner cross-appealed in a dispute arising from a construction contract, the appellant’s Batson challenge failed because it did not show that the respondent’s reason for a strike was pretext, and the judgment ...

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Contracts: Law Firm-Fee Agreement-Unpaid Fees

Defendant retained plaintiff to file suit on its behalf in a contract case. When defendant failed to pay plaintiff’s invoices, it commenced suit against defendant and its president, who had provided a personal guarantee for the fee agreement. The district ...

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Contracts: Breach-Misappropriation of Trade Secrets-Limitation of Liability

Plaintiff hired defendant to develop a website for plaintiff. The parties soon engaged in litigation regarding fundamental disagreements about the terms of the contract. A jury returned a verdict in favor of defendant on its claims for breach, unjust enrichment ...

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Contracts: Printing Press-Fraud-Breach of Representations

Plaintiff, a commercial-printing company, purchased a commercial-grade printing press from defendant. Four years after the purchase, plaintiff filed suit, asserting a claim of fraud against defendant. Plaintiff alleged that the printing press had neither the speed nor the durability defendant ...

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Contracts: Royalty Interest-Overpayments-Fee-Shifting Provision

  Where plaintiff corporation sought to recover overpayments arising from a royalty interest paid in connection with a settlement agreement to the defendant, the court already had rejected the defendant’s lack-of-standing claim, and there was no dispute as to the ...

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Contracts: Prescription Drug Benefit Plan-Arbitration Agreement -Class Action

Defendants appealed from the district court’s grant of summary judgment to plaintiff in the parties’ dispute involving their prescription drug benefit plan agreements, with plaintiff having filed suit to block defendants’ demand for class arbitration. The district court ruled that ...

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Contracts: Breach-Measure of Damages

Defendant appealed from the judgment entered against it following a bench trial in plaintiff’s breach-of-contract action. On appeal, defendant argued that the trial court applied the wrong measure of damages, arguing that the correct standard was cost of repair. Defendant ...

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