Viewing: February 2012

Missouri Federal Contract Cases 2012 (Part 02)

AMCM, Inc. v. Philadelphia Indemnity Insurance Co. The U.S. District Court for the Eastern District of Missouri granted the defendant’s motion for summary judgment, finding that a hobby farm was not intended for a “similar use” under a newly-acquired property clause of an insurance policy covering a day care center. Secure Energy, Inc. v. Philadelphia […] Read More

Can the Crowd Produce a Decent Contract?

Bill Carleton wrote a piece last week about law firm Gunderson Dettmer making form agreements available on Docracy’s website. In case you haven’t heard of Docracy, here’s how the web company describes itself: Docracy is a social repository of legal documents. Our mission is to make useful legal documents freely available to the public. We […] Read More

From the Interwebs: Throttling, Sleep, Love Isn’t Enough

Here are a few things I’ve read lately. Maybe you’ll find them interesting too. AT&T Throttling. AT&T has been throttling its heaviest users whose iPhone accounts were grandfathered under unlimited data plans when AT&T introduced tiered plans. The throttling affects its heaviest users and apparently slows data speeds to a crawl. An affected subscriber recently […] Read More

Missouri Federal Contract Cases 2012 (Part 01): Indemnification for One’s Own Negligence

XTRA Lease LLC v. Pacer International, Inc. Pacer Transport, an affiliate of Pacer International, Inc., the defendant in this case, leased a flatbed semi-trailer from XTRA Lease LLC. The trailer was involved in a serious accident when a wheel came off the trailer and struck a car, killing the driver of the car and seriously […] Read More

Missouri State Contract Cases 2012 (Part 01): Covenant of Good Faith and Fair Dealing

Glenn v. HealthLink HMO, Inc. Dr. Byron Glenn brought breach of contract claims against HealthLink HMO and HealthLink PPO (HealthLink) alleging breach of an HMO Agreement and a PPO Agreement. The Circuit Court of Girardeau County granted summary judgment in favor of HealthLink, and the Missouri Court of Appeals affirmed in part and reversed in […] Read More

Illinois State Contract Cases 2012 (Part 1): Attorney Suing Client, the Moorman Doctrine

Hess v. Loyd Attorney Lawrence Hess sued a client of his former law firm alleging breach of contract, among other claims. The circuit and appellate courts denied his claims and imposed sanctions for bringing the claims for an improper purpose. Hess’s employment agreement and breach of contract suit Hess had an employment contract with his […] Read More

Supreme Court Holds Federal Arbitration Act Preempts Public Policy of West Virginia

The Supreme Court once again affirmed federal policy favoring arbitration this week as it reversed the Supreme Court of Appeals of West Virginia in Marmet Health Care Center, Inc. v. Brown. The state high court had held unenforceable all predispute arbitration agreements that apply to claims alleging personal injury or wrongful death against nursing homes, […] Read More

From the Interwebs: Dine & Dash, Grammar, and Privacy

Here are a few pieces from the Interwebs I found interesting. Maybe you will also…. Dine and Dash 101. There are two kinds of truffles. My favorite is made of chocolate and is a reasonably priced treat. The other is for those with a more talented palate and deeper pockets that I have. Truffle hunting […] Read More

From the Interwebs: ALL CAPS, Law Firm Names, and Big Bang Ambiguity

Here are a few pieces from the Internet I’ve enjoyed recently. You might want to take a peek. What’s in a Name? A lot of people were surprised to learn from a Reuters story this week that there’s neither King nor Wood at the Chinese mega-firm King & Wood &mdash nor has there ever been. […] Read More

From the Interwebs: Fugitive Contracts, Trademarks, St. Louis Lingo

Here are a few recent pieces from the Interwebs I found interesting. You might want to take a peek, also. Contracting on the Run. The ContractsProf Blog posted a short piece about a man who offered a couple some money to let him hide in their house while he was running from the police. They […] Read More

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