Fox Broadcasting Co. licenses its shows to companies which sell Fox programs online or stream them over the internet. One such distributor is Dish Network, the third largest pay television service provider in the U.S. Dish retransmits Fox’s broadcasts under a 2002 contract, which provides in part: “Dish shall not ‘distribute’ Fox programs on an ‘interactive, time-delayed, […]
Trial Court Lacked Evidence To Grant A Motion In Limine So The Jury Verdict Was Reversed.
In a business dispute after a 20-year business relationship, goods were delivered by plaintiff to defendant, and the invoices correctly listed the agreed upon price of the goods. The trial court denied plaintiff’s motion in limine to preclude evidence that would vary the express terms of 33 invoices, interest payments as late charges. But in purportedly […]
Problem Tenant.
A landlord leased property to a private school. At a certain point, the landlord listed the premises for sale with a real estate broker, and decided to have a building inspector “find out all the things that may or may not be wrong.” The lease provided for the landlord to inspect “at reasonable times after reasonable […]
Defendant’s Submitted A Different Arbitration Agreement To The Court, Not The One Signed By Plaintiffs.
Defendants’ petition to individually arbitrate plaintiffs’ wage and hour claims was denied by the trial court. The appellate court affirmed in light of evidence plaintiffs signed an arbitration agreement issued by a previous owner, but the arbitration agreement defendants presented to the court had been subsequently revised. Avery v. Integrated Healthcare Holdings (Cal. App. Fourth Dist., […]
Spiderman Not Able To Combat His Foes.
Plaintiff invented a SpiderMan toy that allowed a user to mimic the superhero with foam string. Thereafter a rival produced a similar SpiderMan role-playing toy. Plaintiff sued the rival for patent infringement. The parties settled while the underlying action was pending, with the rival agreeing to purchase the patent. Their agreement had no expiration date, and […]
Fees For Prevailing In Petition To Compel Arbitration In Dispute Between Lawyers And Client Must Wait To See Who Prevails In The Arbitration.
Plaintiffs brought an action against their former lawyers after the lawyers “settled several prior lawsuits brought on their behalf and did not allocate a sufficient amount of the settlement funds to the costs of suit, making plaintiffs liable to the former attorneys for costs that were actually recovered as part of the settlements.” The lawyers petitioned […]
Plea Agreement In Criminal Case Analyzed Under Contract Law.
In 1991, defendant entered a plea agreement in a case charging six lewd and lascivious acts upon a child under the age of 14. He pled nolo contendere to a single count in exchange for dismissal of the other counts. The written plea form, which he signed, recited that the maximum penalties for his conviction would […]
Arbitration Agreement Procedurally Unconscionable, But Not Substantively Unconscionable.
The defendant/employer had a multi-level Arbitration Agreement approach to addressing workplace concerns. The first step obligates the employee to bring concerns to the attention of management. If still unresolved, the second step requires a dispute to be presented to a panel of three employees, with each side being given 30 minutes to present its position to the […]
Charter City Must Conduct Arbitration For Furlough Grievances.
A charter city adopted a mandatory furlough program for its civilian employees. Employees lodged grievances, arguing furloughs violated duly ratified memorandums of understanding [MOUs] with their union. The grievances were denied and the employees requested arbitration. The city refused to arbitrate, and the superior court granted the union’s petition for an order compelling the city […]
Riverisland Parol Evidence Holding Applied.
The parties entered into a restaurant lease agreement which contained an integration clause. When they did a walk-through, the lessor told the lessee “if anything was not working, he would fix it,” according to the lessee. There were significant problems with the equipment and plumbing and the restaurant closed after several months. The parties sued each […]
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