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Contract Law

Contracts: Breach-Incorporation of Bid Package-Usage-of-Trade Evidence

The district court entered judgment for plaintiff on its breach-of-contract claim. On appeal, defendant argued that the district court erred by ruling that defendant’s bid package was incorporated into the parties’ contract. Although defendant’s bid package was not incorporated into ...

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Contracts: Arbitration-Delegation Provision

Where plaintiff brought an action alleging violations of the Fair Labor Standards Act, and defendant challenged the denial of its motion to compel arbitration, the judgment is affirmed because the district court did not err in finding that arbitration provision ...

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Contracts: Independent Contractor-Lien Rights-Construction Lien

Where a manager hired by an oil company to manage and expand its business filed a constriction-lien statement when he left the company and a subsequent lawsuit alleging claims that included breach of contract, fraud, promissory estoppel and unjust enrichment, ...

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Contracts: Dismissal with Prejudice-Pro Se Civil Action-Termination from Graduate Program

Plaintiff appealed from the dismissal with prejudice of his action arising from his termination from a graduate program at the University of Minnesota Where there was no error in the district court’s decision, the court affirmed the dismissal of plaintiff’s ...

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Contracts: Trademark Infringement-Coexistence Agreement-Personal Jurisdiction

Defendant adopted the name Federated National Holding Company. Plaintiff became concerned defendant’s name was confusingly similar to its own, and the parties entered a coexistence agreement under which defendant agreed to adopt a new name within seven years and provide ...

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Contracts: Breach of Contract-Fraudulent Misrepresentation-Educational Malpractice Doctrine

Plaintiff filed suit against defendant, alleging defendant committed breach of contract, breach of the implied covenant of good faith and fair dealing, and fraudulent misrepresentation with respect to plaintiff’s studies in defendant’s Ph.D. program in mechanical and aerospace engineering. On ...

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Negligence: Property Damage-Lost Sale-Damages

Where homeowners brought an action against an electric cooperation for the alleged negligent installation of a transformer, claiming damages from a lost sale of their property after the buyers backed out, the judgment is affirmed because the owners did not ...

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Contracts: Cremation Contract-Funeral Insurance Policy-Right Of Sepulcher

Where a funeral services company challenged a trial court’s judgment in favor of a mother’s claim to recover a payment for the cremation of her deceased son, which she filed because the company returned the deceased son’s remains to his ...

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