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Tag Archives: Contract

Tort/Negligence – Civil Conspiracy – Injury to Plaintiff – Special Damages – Contract Addendum – Unauthorized (access required)

Benedict College v. National Credit Systems, Inc. Defendant alleges that the plaintiff-college and defendant’s own sales representative entered into an addendum to the parties’ contract (1) that the sales rep was not authorized to sign and (2) that increased defendant’s potential liability. The defendant’s civil conspiracy counterclaim sufficiently alleges injury to defendant.

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Tort/Negligence – Invasion of Privacy – Misappropriation of Personality – Business Correspondence – Civil Practice – Statute of Limitations — Contract – Settlement Agreement – Indiana Law – Liquidated Damages (access required)

Insurance Products Marketing, Inc. v. Conseco Life Insurance Co. Despite a settlement agreement that severed the parties’ business ties, defendants have continued to use plaintiffs’ names on their business correspondence. By doing so, defendants may have been taking advantage of plaintiffs’ reputations or the value associated with their names.

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Contract – Unilateral – Auto Insurance – Glass Replacement – Reimbursement Rates — Acceptance by Performance (access required)

Southern Glass & Plastics Co. v. Kemper The defendant-insurer notified the plaintiff-auto glass replacement company of the insurer’s reimbursement rates and stated, “Performance of services irrevocably constitutes acceptance of the above price and billing instructions.” By proceeding with the work after receiving notice of the prices via phone conversation and fax, plaintiff accepted the prices.

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Labor & Employment – Contract – Confidentiality & Holdover Agreements – Inventor – Intellectual Property (access required)

Milliken & Co. v. Morin In an employment contract, a confidentiality agreement and an assignment of inventions do not restrain trade; therefore, they are not strictly construed against the employer. In this case, the confidentiality agreement and patent assignment are reasonable and enforceable.

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Intellectual Property – Trademark – Contract – Settlement Agreement – Natural Zone of Expansion – Cleaning Products – Electronics (access required)

Monster Daddy, LLC v. Monster Cable Products, Inc. The plaintiff-cleaning products company and defendant, a provider of audio and video products (including an electronics cleaning product), entered into a settlement agreement in 2007. The agreement granted plaintiff the right to extend its trademark into the natural zone of expansion for its various goods and services.

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Real Property – Easements – Contract – Unjust Enrichment – Matters Outside Easement – Public Utilities (access required)

Dutton v. Carolina Power & Light Co. Even though there is an express contract between the parties – an easement – since plaintiff contends that defendant is using the easement for purposes not covered by the easement, plaintiff has made out a claim for unjust enrichment. Defendant’s motion for partial summary judgment is denied.

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Contract – Arbitration – Securities Broker – ‘Associated Person’ – Financial Advisor – Ponzi Schemes (access required)

Waterford Investment Services Inc. v. Bosco Although a financial advisor who allegedly operated Ponzi schemes had changed brokers before plaintiff investors filed their FINRA arbitration claim, the current broker must arbitrate the claim because the advisor was an “associated person,” the 4th Circuit says.

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Contract – False Claims Act – Student Loan Corporations – ‘Arm of the State’ Analysis (access required)

U.S. ex rel. Jon H. Oberg v. Kentucky Higher Educ. Student Loan Corp. A district court did not use the correct test when analyzing whether student loan corporations formed by four different states may be sued in a qui tam action alleging they defrauded the U.S. Department of Education; the 4th Circuit vacates a lower court’s dismissal of the suit on the ground that the corporations were “state agencies” not subject to suit under the False Claims Act, and remands for the district court to apply an “arm of the state” analysis.

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