Dispute Resolution & Arbitration
Sanchez v. Mondy
Order denying specific enforcement of a real estate contract is reversed where the trial court erred in relying on the testimony of a handwriting expert in denying relief.
Banco Ficohsa v. Aseguradora Hondurena S.A.
Summary judgment for defendants in a negligence and breach of contract suit is affirmed where plaintiff failed to establish: 1) the existence of a common law or contractual duty on the part of the reinsurers to ascertain the existence of unknown assignees; 2) the requisite contractual privity with the reinsurers to maintain its breach of contract action; and 3) that the reinsurers breached the reinsurance agreement as a matter of law.
Church & Tower of Florida, Inc. v. Bellsouth Telecomm., Inc.
Summary judgment for plaintiff on indemnity is affirmed where the indemnity clause in a contract between the parties required defendant to indemnify plaintiff for all claims arising out of defendant's work under the contract.
Dispute Resolution & Arbitration
Kurke v. Oscar Gruss & Son, Inc.
Confirmation of an arbitration award which required appellants, a securities firm and an executive, to pay compensatory damages to a former customer for subjecting his account to unauthorized trading and churning is affirmed over claims that: 1) under the terms of a margin agreement, a failure to timely object in writing to the unauthorized trades effectively ratified the trades; 2) there was a failure to mitigate or minimize damages; and 3) the arbitrators manifestly disregarded the law by holding the executive vicariously liable.
American Bankers Insurance v. Long
Denial of petition to compel arbitration is reversed as defendants are equitably estopped from arguing that plaintiff was not a signatory to the arbitration clause because each of the defendants' individual causes of action in their underlying complaint relied on the terms of a promissory note.
Brotherhood of Locomotive Eng'rs v. CSX Transp., Inc.
Summary judgment setting aside a Railway Labor arbitration award is reversed where the arbitrator's award was within the statutory scope of the arbitration and within the National Railway Adjustment Board's jurisdiction.
Wesleyan Co., Inc. v. Harvey
Dismissal, for lack of subject matter jurisdiction, by the Armed Services Board of Contract Appeals of a breach of contract claim against the government is reversed where the Board erred in concluding that the Contract Disputes Act (CDA) did not confer subject matter jurisdiction over a portion of plaintiff's claim.
Allied Cos. v. Harvey
The plain language of value engineering clause in a contract between an air conditioner manufacturer and the Army unambiguously indicates that the manufacturer is not entitled to share in future savings from the Army's switch to commercially available parts for its specific units, nor is it able to share in savings on all air conditioners because of its general proposal to use commercial parts.
Michaelis, Montanari & Johnson v. Superior Court of Los Angeles County
In a dispute involving California's Public Records Act, a court of appeals' reversal of a denial of mandamus petition seeking public disclosure of competitive proposals submitted to a municipality's airport agency is reversed where the trial court correctly ruled that public disclosure of competing proposals for the city's lease project properly could await conclusion of the agency's negotiation process. .
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