Citation378 F.3d 1308 (Fed. Cir. 2004), cert denied, 544 U.S. 904 (2005). Brief Fact Summary. In an action for damages after the Government (Defendant) breached a contract with Glendale Federal Bank, FSB (Plaintiff), Defendant argued that the reliance damages awarded were too speculative and Plaintiff argued that it was entitled to additional out-of-pocket losses. Synopsis of Rule of Law. In a breach of contract action, reliance damages may be awarded if they are not speculative and are actual costs the plaintiff would not have incurred but for the breach, and if other theories of damages ...
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Dixon v. Wells Fargo Bank, N.A
Citation798 F. Supp. 2d 336 (D. Mass. 2011). Brief Fact Summary. The Dixons (Plaintiffs) had a mortgage held by Wells Fargo Bank, N.A. (Defendant). Defendant orally agreed to consider Plaintiffs for a loan modification. In order to proceed with the modification, Defendant advised Plaintiffs to stop making payments on the loan. Defendant then sought to foreclose and Plaintiff sued arguing for promissory estoppel. Synopsis of Rule of Law. When a mortgagor, relying on an oral promise from the mortgagee to consider him for a loan modification, takes steps that make the mortgagor worse off, th ...
Broadley v. Mashpee Neck Marina, Inc.
Citation471 F.3d 272 (1st Cir. 2006). Brief Fact Summary. Broadley (Plaintiff) was injured at the Mashpee Neck Marina, Inc. (Defendant), where his boat was docked. He sued, alleging ordinary negligence, despite an exculpatory clause in the contract between the two. Defendant claimed the suit was precluded by the clause while Plaintiff argued that the clause was overbroad and unenforceable under admiralty law. Synopsis of Rule of Law. 1) Under admiralty law, as with the common law, agreements to waive claims of mere negligence are generally enforceable where the parties have equal bargainin ...
United States v. Hamilton
Citation182 F. Supp. 548 (D.D.C. 1960). Brief Fact Summary. Hamilton (Defendant) severely beat the victim. While in the hospital, the victim convulsed and pulled tubes out of his throat, dying from asphyxiation. Defendant was then charged with second-degree murder. Synopsis of Rule of Law. When an individual inflicts a wound on another that is not fatal, but sets in motion a chain of causation which results in the victim’s death, he is guilty of murder. ...
United States v. Hudson and Goodwin
Citation11 U.S. 32 (1812). Brief Fact Summary. Hudson and Goodwin (Defendants) were indicted for newspaper libel against the President and Congress. They argued that the United States circuit courts had no common law jurisdiction in libel cases. Synopsis of Rule of Law. United States courts do not have common law jurisdiction in criminal cases. ...
In re NCAA Student-Athlete Name and Likeness Licensing Litig.
CitationKeller v. Elec. Arts Inc. (In re NCAA Student-Athlete Name & Likeness Licensing Litig.), 724 F.3d 1268, 2013 U.S. App. LEXIS 15649, 107 U.S.P.Q.2D (BNA) 1629, 2013 WL 3928293 (9th Cir. Cal. July 31, 2013) Brief Fact Summary. Keller (Plaintiff) was the starting quarterback for Arizona State University before transferring to the University of Nebraska. Electronic Arts (Defendant) was a video game developer who created an NCAA Football game that included a player with similar characteristics to Keller, who filed a class action suit alleging a violation of his right of publicity und ...
Obsidian Finance Group, LLC v. Cox
Citation740 F.3d 1284 (9th Cir. 2014). Brief Fact Summary. Cox (Defendant), a blogger, wrote several posts claiming that Obsidian Finance Group, LLC (Plaintiff) and its principal, Padrick (Plaintiff) acted fraudulently and corruptly when acting as bankruptcy trustees for Summit Accommodators, Inc. Plaintiffs successfully sued for defamation. Defendant appealed, arguing that Plaintiffs had to show negligence and actual damages in order to recover. Synopsis of Rule of Law. 1) The negligence standard required for a private defamation suit in a matter of public concern does not turn on whether ...
Mims v. Metropolitan Life Insurance Co
Citation200 F.2d 800 (5th Cir. 1952). Brief Fact Summary. Mims (Plaintiff) sued Metropolitan Life Insurance Co. (Defendant) for libel over a letter that Defendant sent to Senator Sparkman. Plaintiff claims that the publication element of a libel claim was met because Defendant’s president dictated the contents of the letter to a corporation stenographer and because the letter was sent to Senator Sparkman. Synopsis of Rule of Law. 1) When the defendant is a corporation, the writing in question in a libel action is not published where one corporate employee dictates the contents ...
State v. Cameron
Citation514 A.2d 1302 (N.J. Sup. Ct. 1986). Brief Fact Summary. Cameron (Defendant) was not permitted to use voluntary intoxication as a defense to charges of assault, illegal weapon possession, and resisting arrest. She appealed her resulting conviction. Synopsis of Rule of Law. Voluntary intoxication can be a defense to crimes that require a “knowing” or “purposeful” act. ...
Cummings v. Anderson
Citation614 P.2d 1283 (Wash. Sup. Ct. 1980). Brief Fact Summary. An unmarried couple purchased a house together. When they separated, Anderson (Defendant) stayed in the home and made the mortgage payments. Several years later, Cummings (Plaintiff) claimed a one-half interest in the property. Synopsis of Rule of Law. Unless the contract states otherwise, cotenants’ interest in property is proportional to their respective investments in that property. ...
Hans v. Louisiana
Citation134 U.S. 1 (1890). Brief Fact Summary. Hans (Plaintiff) attempted to sue Louisiana (Defendant) in federal court on a claim arising under federal law. Synopsis of Rule of Law. A citizen of a state may not sue that state in federal court on a claim arising under federal law unless the state consents. ...
Downes v. Bidwell
Citation182 U.S. 244 (1901). Brief Fact Summary. When Puerto Rico became a U.S. territory, Congress established sources of income for the territory, including duties on Puerto Rican goods imported into the U.S. Downes (Plaintiff) challenged, arguing that the duties violated Article I, § 8, cl.1 of the Constitution. Synopsis of Rule of Law. The revenue clauses in the Constitution extend only to states, not to U.S. territories. ...
Bond v. United States
Citation134 S.Ct. 2077 (2014) Synopsis of Rule of Law. A court will not determine the constitutionality of a statute if a case may be disposed of on another basis. ...
International Longshoremen’s Local 37 v. Boyd
Citation347 U.S. 222 (1954). Brief Fact Summary. International Longshoremen’s Local 37 (Plaintiff) sought a judicial declaration that its alien members who traveled outside of the United States for work would not be treated as entering the country for the first time upon their return. Synopsis of Rule of Law. A court should not attempt to determine the scope and constitutionality of legislation before the statue has actually imposed an adverse effect in a concrete case. ...
Colgrove v. Battin
Citation413 U.S. 149 (1973). Brief Fact Summary. The local rule promulgated by the district court allowed the use of six-man juries in civil cases. Synopsis of Rule of Law. A six-man jury for civil cases does not violate the Seventh Amendment. ...
Baker v. Keck
Citation13 F.Supp. 486 (E.D. Ill. 1936). Brief Fact Summary. Baker (Plaintiff) sued Keck (Defendant) and others in federal court in Illinois. Plaintiff’s basis for federal jurisdiction was in diversity as a resident of Oklahoma. Defendant challenged Plaintiff’s Oklahoma citizenship in Oklahoma. Synopsis of Rule of Law. Citizenship is determined by evidence of an individual’s intent to establish a permanent or indefinite domicile in a particular state, even if a reason for the move was to establish diversity of citizenship for federal jurisdiction. ...
American Machine & Metals, Inc. v. De Bothezat Impeller Co.
Citation166 F.2d 535 (2d Cir. 1948). Brief Fact Summary. American Machine & Metals, Inc. (Plaintiff) filed suit seeking judicial determination that a termination of Plaintiff’s contract with De Bothezat Impeller Co. (Defendant) would not prevent Plaintiff from continuing to manufacture ventilating equipment. Synopsis of Rule of Law. Where there is an actual controversy over a contingent right, declaratory relief may be appropriate. ...
Nolan v. Whitney
Citation88 N.Y. 648 (Court of Appeals of New York, 1882) Brief Fact Summary. . Michael Nolan (Nolan), the plaintiff’s testator, contracted with the Defendant to do the mason work for two buildings, with payments made in installments as work progressed. All installments were paid except the last, and Nolan commenced this action to recover the last installment, claiming that work was fully performed. Synopsis of Rule of Law. It is a general rule of law that a party must perform his contract before he can claim the consideration due him upon performance; but the performance n ...
Hoffman v. Red Owl Stores, Inc.
Citation133 N.W.2d 267 (S.Ct. WI 1965). Brief Fact Summary. The Plaintiff, Hoffman (Plaintiff), entered into negotiations with the Defendant, Red Owl Stores, Inc., (Defendant) to enter into a franchise agreement. In anticipation of opening a new Red Owl Store, Plaintiff sold his business, moved his family and underwent several ventures to “familiarize himself” with the grocery business. Defendant changed the terms of the deal on several occasions, eventually expressing to Plaintiff that more consideration and additional terms were needed, outside of the scope of their ...
H.R. Moch Co. v. Rensselaer Water Co.
Citation247 N.Y. 160, 159 N.E. 896 (Court of Appeals of New York, 1928) Brief Fact Summary. A water company contracted with a city to provide it water. A fire broke out and an individual's house was destroyed. The individual whose house was destroyed brought suit against the water company alleging it knew about the fire, but did not provide enough water or water pressure to the area to fight the fire. Synopsis of Rule of Law. A member of the public does not have standing to bring an action under [Lawrence v. Fox] "unless an intention appears that the promisor is to b ...
Ziehen v. Smith
Citation148 N.Y. 558 (Court of Appeals of New York, 1896) Brief Fact Summary. The Plaintiff, as vendee, sought to recover damages under an executory contract for the sale of real estate from Defendant, the vendor, when he was unable to deliver clear title on the agreed upon date. Synopsis of Rule of Law. The general rule is that in order to entitle a party to recover damages for the breach of an executory contract he must show performance or tender of performance on his part. However, tender of performance on the part of the vendee is dispensed with in a case where it app ...
Wheeler v. White
Citation398 S.W.2d 93 (S.C. of Texas, 1965) Brief Fact Summary. Wheeler (Plaintiff) and White (Defendant) formed a contract under which White was to borrow money for a construction project on Wheeler’s behalf, in exchange for money and a commission on rentals. Wheeler relied on White’s promise he would get the money, but White never secured the loan. Synopsis of Rule of Law. Where a promisee acts to his detriment in reasonable reliance upon an otherwise unenforceable promise, the promissory estoppel theory may be invoked, thereby supplying a remedy which will enabl ...