Scribd Feed for category: LawThis is a feed for documents in the category LawChiquita International Ltd. v. MV Bolero Reefer- August 28, 2008 Expert witness Case: 451 Chiquita International Ltd. v. MV Bolero Reefer (1994; SD NY) CB 448- Facts: Chiquita hires Reefer to ship their bananas. Reefer lost some bananas, and others spoiled on the ship on the trip. Chiquita sues and gets a nontestifying expert, a marine engineer, to examine the cargo loss claim. Reefer then tries to get the expert's testimony (by deposition). Chiquita says the testimony is not discoverable under Rule 26(b)(4)(B) because he is not testifying at trial. Issue:..http://www.scribd.com/doc/5256894/Chiquita-International-Ltd-v-MV-Bolero-Reefer- Hickman v. Taylor- August 28, 2008 Privilege and Trial Preparation Material Case: Hickman v. Taylor (1947; US) CB 438-446 Facts: There was an accident with a tugboat that killed 5 of its 9 crew members. In anticipation of litigation, the tugboat owners and underwriter (respondent) took statements from the 4 surviving crew members, and others they believed to have info about the accident. Petitioner brought the lawsuit for the wrongful death of one of the crew members. Petitioner then filed an interrogatory directed at the tug...http://www.scribd.com/doc/5256855/Hickman-v-Taylor- Schlagenhauf v. Holder- August 28, 2008 Case: Schlagenhauf v. Holder (1964, US) CB 433-437 Facts: Bus accident. P's sue for injuries, and sues the bus company, the driver, the driver of the tractor, the company which owned the tractor, and the company which owned the trailer attached to the tractor. All denied negligence. Crossclaim filed by bus company against the tractor company and the trailer company, alleging negligence on their driver (petitioner). Tractor company, after filing answer denying the claim, submitted a letter...http://www.scribd.com/doc/5256817/Schlagenhauf-v-Holder- Continental Purchasing Co. v. Van Raalte Co.- August 28, 2008 Assignment of Rights Case: Continental Purchasing Co. v. Van Raalte Co. (1937) pp. 1093-1097 295 N.Y.S. 867 Facts: Mrs. Potter, employee of Van Raalte, assigned wages earned as security for payment of an account she had with Steckler Sporting Goods. This was then assigned to Continental. Van Raalte was notified of the assignment, but paid Mrs. Potter, and not the assignee. Continental brought this action to recovery the amount owed, and Van Raalte says he doesnt owe this bc it was already paid..http://www.scribd.com/doc/5253120/Continental-Purchasing-Co-v-Van-Raalte-Co- Owen v. CNA InsuranceContinental Casualty Company- August 28, 2008 Assignment of Rights Case: Owen v. CNA InsuranceContinental Casualty Company (2001) pp. 1085-1092 771 A.2d 1208 Facts: Owen received a structured settlement on a tort claim from Continental (insurance company). Along with initial payments, there were periodic payments stretched out over 20 years. The settlement agreement had a clause that said the "deferred lump sum payments shall not be subject to assignment, transfer, commutation, or encumbrance." Owen had a lot of medical expenses due to...http://www.scribd.com/doc/5253098/Owen-v-CNA-InsuranceContinental-Casualty-Company- Allhusen v. Caristo Construction Corp.- August 28, 2008 Assignment of Rights Case: Allhusen v. Caristo Construction Corp. (1952) pp. 1082-1085 103 N.E.2d 891 Facts: Caristo subcontracted with Kroo Painting. The contract contained a prohibitory provision that said any assignment to a 3rd party of the "contract or any interest therein, or of any money due or to become due," would be void without the written consent of Caristo. The rights were assigned without written consent. The assignee, Allhusen, brought the suit to recover the debt. Caristo...http://www.scribd.com/doc/5253075/Allhusen-v-Caristo-Construction-Corp- Fitzroy v. Cave- August 28, 2008 Assignment of Rights Case: Fitzroy v. Cave (1905) pp. 1079-1082 2 K.B. 364 Facts: Fitzroy was the director of a company called Cork Mineral Development. Cave was a co-director and local mgr of the company. Fitzroy is dissatisfied with Cave's work. Cave has various debts against him. Fitzroy decides to take the assignment of 5 debts owed to 5 different creditors, in order to get an adjudication in bankruptcy against Cave, and so get him removed from the directorate of the company. The lower...http://www.scribd.com/doc/5253048/Fitzroy-v-Cave- Lewis Refrigeration Co. v. Sawyer Fruit, Vegetable and Cold Storage Co.- August 28, 2008 Agreed Remedies Case: Lewis Refrigeration Co. v. Sawyer Fruit, Vegetable and Cold Storage Co. (1983) pp. 1020-1028 709 F.2d 427 Parties: Plaintiff - Lewis Defendant - Sawyer Facts: Lewis sold Sawyer a freezer. That K contained warranties guaranteeing the freezer would perform to certain specifications. K also provided that if freezer failed to perform as guaranteed, Lewis had the right to repair or replace promptly the malfunctioning part of the machine. K also provided that rescission was...http://www.scribd.com/doc/5253009/Lewis-Refrigeration-Co-v-Sawyer-Fruit-Vegetable-and-Cold... United Air Lines, Inc. v. Austin Travel Corp.- August 28, 2008 Liquidated Damages UCC 2-718(1) Case: United Air Lines, Inc. v. Austin Travel Corp. (1989) pp. 1009-1013 867 F.2d 737 Parties: Plaintiff - United (appellee) Defendant - Austin (Appellant) Procedural History: District court entered summary judgment for United, awarding them $400k in liquidated damages and unpaid debt + interest and costs. Facts: United owns a CRS program, which it licenses to travel agencies. The CRS is a system that allows the travel agencies to make airline reservations,...http://www.scribd.com/doc/5252957/United-Air-Lines-Inc-v-Austin-Travel-Corp- Leeber v. Deltona Corp.- August 28, 2008 Liquidated Damages Case: Leeber v. Deltona Corp. 546 A.2d 452 Parties: Plaintiff - Leeber Defendant - Deltona Judgment for Pl, Df appeals. (1988) pp. 1013-1018 Procedural History: Facts: Deltona was a developer of condos real estate development. Pls signed a K with Deltona to purchase a condo unit for $150k, with $22k paid at signing, balance at closing. K expressly stated that the initial payment was to be kept by Deltona as liquidated damages in the event of breach by Pls. Deltona kept...http://www.scribd.com/doc/5252977/Leeber-v-Deltona-Corp- |