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Case name | tl;dr |
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Pennoyer v. Neff Pilea |
Pennoyer sues non-resident of state who owns property in the forum state. |
International Shoe Co. v. State of WA Pilea |
A company serving multiple states had salespeople operating in one state. The state was able to exercise jurisdiction over the company, because the presence of the salespeople counted as sufficient minimum contacts of the company with the state. |
World-Wide Volkswagen Corp. v. Woodson Pilea |
The personal Jurisdiction minimum contacts test over a non-resident defendant is re-defined to require reasonable foreseeability of being subject to suit in a state. |
Asahi Metal Indus. Co. v. Superior Court of Cal Pilea |
An alien defendant trying to sue another foreign defendant in a US state may not do so if the burden on the defendant will outweigh other factors, so as to make the exercise of personal jurisdiction incompatible with justice. |
Bristol-Myers Squibb Co. v. Superior Court of CA Pilea |
Litigation must arise out of or relate to the defendant's forum state conduct for the state to validly assert specific personal jurisdiction. |
Calder v. Jones Pilea |
A libelous article intentionally directed towards a CA actress allows CA to exercise personal jurisdiction over the non-resident article writers. |
Yates v. United States LegalWriter |
A fish does not fall under the term "tangible object" used in Section 1519 of the Sarbanes-Oxley Act. "Tangible object" in that section of the Act only includes objects used to record or preserve information. |
Tennessee Valley Auth. v. Hill LegalWriter |
Dam construction was stopped due to violating the Endangered Species Act, which didn't exist when dam construction began |
Ford Motor Co. v. Montana Eighth Judicial District Court Pilea |
Ford manufactured two cars with auto defects which caused severe injuries in different states from the state the cars were sold in. Because Ford had substantial contacts with those states, they are subject to jurisdiction in those states. |
Rao v. Era Alaska Airlines Pilea |
An airline company operating out of a single state, who negligently lost a case of jewelry, could not be sued in a separate state even though they sold airlines tickets over the Internet to a customer located there. |
Shaffer v. Heitner Pilea |
A state may not exercise personal jurisdiction over company officers on the basis of their personal property (stocks in their company) being located in the forum state, absent additional minimum contacts with the state. |
Burnham v. Superior Court Pilea |
A man who is served with divorce while briefly physically present in a state renders himself subject to the jurisdiction of the state. |
In re Arbitration between Polemis and Furness, Withy & Co. Lan |
Defendant dropped a plank of wood which caused a fire that burned down Plaintiff's ship. Court determines that there was proximate cause. |
Goodyear Dunlop Tires Operations, S.A. v. Brown Pilea |
A bus crashed in France due to product defects, and killed two young boys. Their parents sued the bus production companies in North Carolina. NC could not exercise jurisdiction over all of the companies, as they were all foreign-based. |
Daimler AG v. Bauman Pilea |
A foreign defendant being sued by a foreign plaintiff over foreign conduct, may not be subject to general jurisdiction by a US state. |
BNSF Railway Co. v. Tyrell Pilea |
Railroad employees who were injured by their employer may not sue in a state in which the railroad does not meet the standard for general jurisdiction of systematic and continuous contacts. |
Piper Aircraft Co. v. Reyno Pilea |
An airplane crash which occurred in Scotland may be dismissed from a US forum on the basis of forum non conveniens. |
Bailey v. West Jawshu |
The defendant bought a lame horse; the horse was left with a farm owner who cared for the horse for four years and said the defendant was liable for costs. The defendant was not held liable because he did not form an implied contract with the farm owner. |
Wolf v. Marlton Corp. Jawshu |
A couple wanted to get out of a contract for a new home, so they threatened the builder that they would sell the home to an undesirable purchaser if they were forced to go through with it. The builder was able to argue that the threat constituted duress. |
Overseas Tankship (UK) Ltd v. Mort's Dock and Engineering Co, Ltd (a.k.a. Wagon Mound No. 1) Lan |
Plaintiff's wharf was damaged due to a fire on the water caused by Defendant's oil spill. Court finds lack of proximate cause because the fire on the water was not reasonably foreseeable. |
Spiess v. Brandt Jawshu |
The plaintiffs bought a resort from the defendants, relying upon the defendants’ claim that the resort was profitable. The resort was not profitable, and the defendants were found to have made a fraudulent misrepresentation. |
Danann Realty Corp. v. Harris Jawshu |
The plaintiff claimed they were induced into a contract with the defendants through oral misrepresentations. The defendants were not held liable for fraud because the contract explicitly stated that neither party relied on any outside representations. |
Obde v. Schlemeyer Jawshu |
A couple bought a home with a substantial termite infestation which the sellers neglected to mention prior to the sale, despite their knowledge of it. The sellers were required to pay damages for their fraudulent non-disclosure. |
Reed v. King Jawshu |
The defendant sold a home to the plaintiff without telling her that a woman and her four children were murdered there. The court held that, if the defendant knew the fact affected the home’s market value, he should have informed the plaintiff. |
Jacob & Youngs, Inc. v. Kent Jawshu |
A general contractor used the wrong brand of pipe when building a home. The difference was insignificant, so they didn’t need to replace it. |
Stees v. Leonard Jawshu |
A builder had trouble completing a building according to contract specifications because the soil underneath turned out to be quicksand. The builder was still obligated to perform. |
Taylor v. Caldwell Jawshu |
The plaintiff rented out the defendant’s music venue for a concert series, but the venue burned down before the first concert. Both parties were excused from their obligations under the contract. |
Freund v. Washington Square Press Jawshu |
A publisher breached a contract to publish an author’s manuscript. The author was not entitled to the cost of publication as damages. |
Van Wagner Advertising Corp. v. S & M Enterprises Jawshu |
A building owner improperly canceled a lease with the plaintiff. The court ordered the owner to pay damages instead of carrying out the contract. |
Hadley v. Baxendale Jawshu |
A miller sent in a crank shaft for replacement and was told by the shipper that it would be delivered the next day. The shipper’s delay caused lost profits to the miller, but the shipper was not held liable for lost profits. |
Courteen Seed Co. v. Abraham Jawshu |
A grain dealer solicited business from a seed company, but then refused to sell to them. The court ruled that there was no contract because the grain dealer’s solicitation was not an offer. |
Fairmount Glass Works v. Crunden-Martin Woodenware Co. Jawshu |
A glass manufacturer refused to fulfill an order for Mason jars. The manufacturer was held liable because the price quote they sent, inviting the buyer’s acceptance, was a binding offer to sell. |
Ionics, Inc. v. Elmwood Sensors Jawshu |
A buyer’s offer form and a seller’s acceptance form included directly contradictory terms. The court held that only the mutually agreed upon terms were part of the contract, with the terms in dispute reverting to default terms provided by the UCC. |
McIntosh v. Murphy Jawshu |
A car salesman was fired after two and a half months despite an oral employment contract to last more than a year. Though the statute of frauds limits oral contracts to a year, the contract was enforceable because the salesman relied so heavily on it. |
Coley v. Lang Jawshu |
A buyer and a seller came to a preliminary agreement, but the buyer backed out before it was finalized. The seller’s suit for reliance damages was denied because his reliance on the promise wasn’t substantial enough. |
Monetti v. Anchor Hocking Corp. Jawshu |
A company agreed to become the distributor for another company, but then breached. Even though they did not sign a contract, they were held liable because they had signed other written proof of the agreement. |
Columbia Nitrogen Corp. v. Royster Co. Jawshu |
A company bought less than a tenth of the minimum quantity of a product they agreed to buy. The court admitted evidence showing that the parties’ course of dealing and common industry practices made the company’s behavior consistent with the contract. |
Southern Concrete Services, Inc. v. Mableton Contractors, Inc. Jawshu |
A company failed to buy the amount of concrete specified in their contract. The court refused to admit evidence of industry customs and additional terms because it contradicted the express terms of the agreement. |
Eastern Air Lines, Inc. v. Gulf Oil Corp. Jawshu |
In a lawsuit, a defendant oil company accused the plaintiff airline of violating their requirements contract by manipulating their requirements. Because the airline was engaging in a common commercial practice, their behavior was not a violation. |
Empire Gas Corp. v. American Bakeries Co. Jawshu |
A company agreed in a requirements contract to buy approximately 3,000 propane converters, but instead bought none. Their decision was a breach because they didn’t give a reason for their change of mind, so it couldn’t meet the “good faith” requirement. |
Aluminum Co. of America v. Essex Group, Inc. Jawshu |
A price index stipulated in a contract turned out to be an inaccurate measure of one party’s actual production costs. The court allowed the parties to modify the contract based on the doctrine of mutual mistake. |
Wood v. Lucy, Lady Duff-Gordon Jawshu |
A tastemaker granted the plaintiff exclusive authority to lend her endorsement to clothing designs, but then made endorsements without his knowledge. Their contract was enforceable because, although he made no explicit promise, one was fairly implied. |
Bloor v. Falstaff Brewing Corp. Jawshu |
A brewery bought a failing brewery’s label and promised to promote its sales and give royalties, but instead sales substantially decreased. The acquiring brewery breached the contract because it did not use its best efforts to promote the brand. |
Trimmer v. Van Bomel Jawshu |
A man grew accustomed to a lavish lifestyle funded by a wealthy benefactress and sued for $1.5 million after their relationship ended. The agreement alleged by the man was too indefinite to be enforceable. |
Wagner Excello Foods, Inc. v. Fearn Int’l, Inc. Jawshu |
A party to a contract for sale argued that the contract was unenforceable because it lacked an express price term. The court held that the contract may still be enforceable if the parties intended to enter an agreement without settling on a price. |
Kirksey v. Kirksey Jawshu |
A man offered his sister-in-law a house but then kicked her out after two years. There was no enforceable contract because the man’s promise was gratuitous. |
In Re Greene Jawshu |
A woman sought to enforce a contract which entitled her to hundreds of thousands of dollars in exchange for only vague and nominal consideration from her. The contract was unenforceable for lack of consideration. |
Wolford v. Powers Jawshu |
An old man executed a contract to provide for the education and welfare of a child in exchange for the child being named after him. The court held that this was valid consideration to support a contract. |
Alaska Packers’ Ass'n v. Domenico Jawshu |
A group of sailors agreed to go to Alaska and fish for a set price, but then demanded a higher price once they got there. The higher price was not enforceable because the sailors did not offer additional consideration. |
Haase v. Cardoza Jawshu |
A man asked his wife to leave $10,000 to his sister upon his death, but his wife withheld the money for more than a year. Though the wife ultimately offered to pay money, the sister was not able to recover the balance because no consideration was given. |
Ricketts v. Scothorn Jawshu |
A man promised his granddaughter $2,000. Even though there was no consideration, the promise was enforceable because the granddaughter quit her job in reliance on it. |
Feinberg v. Pfeiffer Co. Jawshu |
A woman was promised $200 a month in retirement by her employer, but after a few years of retirement the checks were reduced to $100. Despite the lack of consideration, the employer’s promise was enforceable because of her detrimental reliance. |
Hayes v. Plantations Steel Co. Jawshu |
An employer promised to pay a longtime employee in retirement, but reneged after the employer fell under new ownership. The promise was not enforceable because there was no consideration or reliance. |
United States v. Fleming ErieAndSpooky |
Fleming drives drunkenly and recklessly, crashing and killing a woman. Court finds guilty of murder because driving was more reckless than manslaughter. |
State v. Canola ErieAndSpooky |
Armed robbery results in death of victim and robber. Co-felon not liable for felony murder of robber because of agency rule |
Morris Lefkowitz v. Great Minneapolis Surplus Store Okapi13 |
Advertisements with definite terms are offers which cannot be unexpectedly modified to prevent acceptance. |
John Leonard v. Pepsico, Inc. Okapi13 |
An advertised offer that is obviously a joke to any reasonable person cannot be the basis for a contract. |
R.L. Ammons v. Wilson & Co. Okapi13 |
Silence may be interpreted as acceptance based on parties' prior course of dealing. |
S. Allen Schreiber v. Olan Mills Okapi13 |
Sending a cease and desist letter to a telemarketer does not constitute an offer which can form the basis of a contract. |
Textile Unlimited, Inc. v. A..BMH and Company, Inc. Okapi13 |
Yarn sale gets twisted in knots by the addition of an arbitration clause not agreed to, but, under UCC § 2-207(3), conduct still forms a contract. |
William Klocek v. Gateway Okapi13 |
Computer delivery arrived with terms for arbitration which do not make it into the contract. |
Christopher Specht v. Netscape Communications Corporation Okapi13 |
A hidden software "browsewrap" agreement does not place a downloader on notice as to additional terms. |
Frank Dixon v. Wells Fargo Bank, N.A. Okapi13 |
Reliance on a bank's promise to negotiate a loan, and not foreclose, is enforceable under promissory estoppel. |
Larry Bowling v. Max Sperry Okapi13 |
Don't sell a car to a kid as they likely retain the right to void your contract at will. |
Heights Realty, Ltd. v. E.A. Phillips Okapi13 |
An elderly woman's agreement to sell her home is unenforceable due to her mental incapacity. |
Jacqueline Ervin v. Hosanna Ministry, Inc. Okapi13 |
Signing a rehab center's waiver disclaiming their tort liability while intoxicated may render that contract voidable. |
Joan Sullivan v. Merval Porter, Jr. Okapi13 |
Partial performance of an oral agreement to buy land, induced by seller's misrepresentations, overcomes the statute of frauds' writing requirement. |
DF Activities Corp. v. Dorothea F. Brown Okapi13 |
Denying the existence of an oral contract to sell a Frank Lloyd Wright chair is sufficient to raise a statute of frauds defense. |
T.C. Sherwood v. Hiram Walker Okapi13 |
Mutual mistake as to the breedability of a heifer renders a contract void. |
Lenawee County Board of Health v. William and Martha Messerly Okapi13 |
Buyer beware that even a mutual mistake as to the income-generating potential of a rental property may not result in rescission if you as |
Peter Laidlaw v. Hector M. Organ Okapi13 |
Buyer does not have a duty to disclose that the War of 1812 has ended. |
Audrey E. Vokes v. Arthur Murray, Inc. Okapi13 |
Misleading a dance student about their abilities leads to a cause of action for misrepresentation. |
Austin Instrument, Inc. v. Loral Corp. Okapi13 |
Threatening your partner's business by withholding goods until they agree to your demands may render your contract voidable. |
John W. Sinnar v. Harry K. Le Roy Okapi13 |
A contract for a bribe to secure a liquor license is unenforceable on on public policy and illegality grounds. |
Data Management, Inc. v. James H. Greene Okapi13 |
An overly-broad non-compete clause is unenforceable as written and stricken from employment contract. |
Peter Wallis v. Kellie Rae Smith Okapi13 |
Public policy interests in encouraging child support outweigh a claim of “contraceptive fraud” from a father against a mother who stopped taking birth control. |
Joseph A. Billman v. James F. Hensel Okapi13 |
Failure to seek financing for a home in good faith constitutes a breach of a real estate contract. |
Elmer Hillesland v. Federal Land Bank Association of Grand Forks Okapi13 |
There is no general duty to engage in good faith when determining whether to fire an at-will employee. |
David Rogath v. Werner E.R. Siebenmann Okapi13 |
Violation of an express warranty as to the authenticity of a painting is only actionable if the buyer relied on that warranty as a basis of |
Forrest D. Ferguson v. Phoenix Assurance Company of New York Okapi13 |
An evidentiary, not substantive, condition precedent for an insurance contract may be excused to allow for payout on a valid claim. |
Taylor v. Caldwell Okapi13 |
A concert hall burning to the ground relieves the hall's owner of bearing any cost associated with a contract for the hall's rental. |
Krell v. Henry Okapi13 |
A contract to rent an apartment to watch the King's coronation is unenforceable once the coronation is canceled, frustrating the purpose of the contract. |
Albert Hochster v. Edgar De La Tour Okapi13 |
Repudiation of a contract to hire a tour guide allows the guide to sue before the would-be date of performance, because anticipatory breach exists now. |
H.B. Taylor v. Elizabeth Johnston Okapi13 |
Rejecting a repudiation for a horse breeding contract means that a contract is still in effect until performance has been rendered impossible. |
Hydraform Products Corp. v. American Steel & Aluminum Corp. Okapi13 |
Lost profits from sale must be certain, not speculative, to serve as a basis for consequential damages. |
Jerry Locks v. Gerald Wade Okapi13 |
Lessor is only entitled to lost volume profits if they suffered an actual loss in profits due to lessee's breach on jukebox contract. |
Reliance Cooperage Corp. v. Treat Okapi13 |
An offer by a seller to repudiate is rejected, so the buyer is awarded damages per the price on the date of actual, not anticipated, breach. |
Willie Peevyhouse v. Garland Coal & Mining Company Okapi13 |
Where the cost of performance far "outstrips" any diminution in value, use the latter to determine damages. |
Elliot Kaplan and Jeanne Kaplan v. Mayo Clinic Okapi13 |
A hospital's breach of a contract to perform a biopsy, resulting in an unnecessary surgery, does not open them up to liability for pain and suffering. |
David Plotnik et al. v. John Meihaus et al. Okapi13 |
Breaching a contract to not harass a neighbor allows for an award of emotional distress damages. |
Angelo Acquista v. New York Life Insurance Company Okapi13 |
Insurance company breaching in bad faith opens them up to punitive damages. |
Curtice Brothers Co. v. Catts Okapi13 |
A cannery needs a shipment of tomatoes and gets an order for specific performance of their contract to buy tomatoes because there is no other equitable remedy available. |
Carlill v. Carbolic Smoke Ball ALAB |
A company’s advertisement included a promise to give customers a reward if the product was ineffective. This ad was an offer to form a contract, and users who didn’t receive the promised results are entitled to the reward. |
Isaac Kirksey v. Angelico Kirksey Okapi13 |
A widow can be forced off the land she has occupied if the promise of hosting her there was not supported by sufficient consideration. |
Lucy v. Zehmer UnreasonableWoman |
Two dudes at a bar (Lucy and Zehmer) wrote up an agreement on a restaurant check, but Zehmer then claimed that he signed the agreement as a joke. But it was a valid and enforceable contract because Zehmer's outward actions signaled intent to be bound. |
Embry v. Hargadine, McKittrick Dry Goods Co. UnreasonableWoman |
Employee thinks that his contract was renewed based on a convo with the company president, but the company fires him a few weeks later. |
Interstate Industries, Inc. v. Barclay Industries, Inc. UnreasonableWoman |
After sending a price quote, a company is unable to fulfill a purchase order, and the customer (another company) sues, claiming that the price quote was an offer such that the purchase order was an acceptance. |
Nordyne, Inc. v. International Controls & Measurements Corp. UnreasonableWoman |
Where a price quote was tailored to a particular buyer and was the result of back-and-forth communications, it constituted an offer. |
Craft v. Elder & Johnston Co. UnreasonableWoman |
A company advertised a sale on sewing machines in the newspaper but refused to fulfill Plaintiff's order. Because its advertisement was not an offer, the company didn't have to fulfill the order. |
Lefkowitz v. Great Minneapolis Surplus Store, Inc. UnreasonableWoman |
Store refuses to sell a fur coat to customer for $1, even though the store advertised that it would sell fur coats for $1 on a "first come, first served basis." The customer was the first to arrive to the store. |
Leonard v. PepsiCo UnreasonableWoman |
A commercial showing a Harrier Jet as a potential reward for drinking soda was clearly a joke and didn't constitute an offer. |
Carlill v. Carbolic Smoke Ball Co. UnreasonableWoman |
A company posted an advertisement claiming that using its product would protect users from catching the flu. Then, a woman used the product and got sick with the flu. |
Consolidated Freightways Corp. of Delaware v. Williams UnreasonableWoman |
A company posted a $5,000 reward for info about someone who had been stealing from them. A supervisor at the company provided the requested info, but the company refused to give him the reward. |
Glover v. Jewish War Veterans of the USA, Post No. 58 UnreasonableWoman |
A woman unknowingly gives police info for which there is a reward. Once she finds out about the reward, she tries to claim it, but the offeror refuses to pay up. |
Dickinson v. Dodds UnreasonableWoman |
A seller gave the buyer a note stating that his offer to sell the buyer his home would stay open until Friday morning, but then the seller sold the home to someone else before the buyer's window to accept ran out. |
Drennan v. Star Paving Company UnreasonableWoman |
A general contractor ("GC") relied on a subcontractor's ("SC") bid when bidding for a project. The GC won the contract for the project, but the SC withdrew its offer because it couldn't do the job for the price it listed in the bid. |
Corbin-Dykes Electric Co. v. Burr UnreasonableWoman |
A general contractor received bids from a subcontractor on two occasions, but rejected the bids both times. The subcontractor sued. |
Ever-Tite Roofing v. Green UnreasonableWoman |
Homeowners asked a roofing company to do work on their roof. But when the roofing company arrived at the home with all their equipment at the ready, they found out that the homeowners hired someone else to do the job. |
Morrison v. Thoelke UnreasonableWoman |
Sellers signed a contract agreeing to sell their home to the buyers and sent it to the buyers by mail. But before the buyers received the contracts, the sellers called the buyers and said they had changed their minds. |
Joseph Martin, Jr., Delicatessen v. Schumacher UnreasonableWoman |
Landlord and tenant agreed that the tenant could renew their lease, but stated that the rental terms were "to be agreed upon." When the tenant tried to renew their lease, the landlord asked for rent way above what an appraiser thought it should be. |
Empro Manufacturing Co. v. Ball-Co Manufacturing, Inc. UnreasonableWoman |
Two companies signed a letter of intent (LOI) with general terms but also predicted further negotiations. Those negotiations fell through and one of the companies started negotiating with someone else. |
Butler v. Balolia UnreasonableWoman |
An inventor and a company signed a letter of intent (LOI) to negotiate using their best efforts on a purchase agreement. The transaction fell through and the inventor accused the company of making up "specious" reasons to make negotiations fail. |
New England Insulation Co. v. General Dynamics Corp. UnreasonableWoman |
General contractor promised that bids submitted would be kept locked away, but then showed a subcontractor's bid (containing confidential info) to another company and then gave the contract to that same company. |
Healy v. NY Central & Hudson River R.R. Co. UnreasonableWoman |
A guy checked a bag in a parcel room and got a tag to present upon retrieving the bag. On the back of the tag, it said that the parcel room wasn't liable for damage exceeding $10. The guy never read this warning. The parcel room lost his bag. |
Specht v. Netscape Communications Corp. UnreasonableWoman |
Plaintiffs downloaded software that invited users to read the terms and conditions. Users, however, could only see this invite if they scrolled down of their own volition. Plaintiffs did not scroll down. The agreement had an arbitration clause. |
Hill v. Gateway 2000, Inc. UnreasonableWoman |
Plaintiffs bought a computer for delivery. When the computer arrived, they saw that there were additional terms and conditions in the box. They said that buyers agreed if they didn't return the computer in 30 days. Plaintiffs didn't return the computer. |
Armendariz v. Foundation Health Psychcare Services, Inc. UnreasonableWoman |
Employees signed unilateral arbitration clauses as part of their employment agreements. |
Frost v. ADT, LLC UnreasonableWoman |
An ADT customer died in a fire at home and ADT did not dispatch emergency responders. |
O’Callaghan v. Waller & Beckwith Realty Co. UnreasonableWoman |
Tenant hurt herself when she walked on her landlord's defective pavement, but she had signed an exculpatory clause as part of her lease agreement. |
Tunkl v. Regents of the University of California UnreasonableWoman |
A research hospital had its patient sign an exculpatory agreement before receiving treatment. |
Hamer v. Sidway UnreasonableWoman |
An uncle promised his nephew $5,000 if he nephew refrained from drinking, using tobacco, swearing, and playing cards or billiards for money until he turned 21. The nephew complied. |
Langer v. Superior Steel Corp. UnreasonableWoman |
A company promised to pay a retiring employee $100 for the rest of his life as long as he agreed not to work for a competitor, but the company stopped paying after 4 years. |
In re Greene UnreasonableWoman |
After a man ended an extramarital affair, he entered into an agreement with his ex-mistress in which he furnished rent, life insurance payments, etc. and her consideration was $1 “and other good and valuable consideration.” |
Mills v. Wyman UnreasonableWoman |
A father found out that a stranger provided his son with shelter and comfort after his son fell ill. The son ultimately died, but the father promised to pay the stranger for the expenses he incurred caring for his son. But the father never sent payment. |
Levine v. Blumenthal UnreasonableWoman |
A landlord and tenants entered into a lease agreement, but halfway through the tenants asked to pay less because of economic hardship. The landlord later sued them for unpaid rent. |
Alaska Packers’ Ass’n v. Domenico UnreasonableWoman |
Some dudes agreed to work on a ship in Alaska, but once they arrived, they demanded more for their services from the shipowners. The shipowners had no choice but to agree, but once they got back from Alaska, they refused to pay. |
Kirksey v. Kirksey UnreasonableWoman |
A guy invited his recently-widowed sister-in-law to move onto his land. She left all of her possessions behind and moved, but he moved her to an uncomfortable house in the woods 2 years later, and then evicted her. She sued for breach. |
Allegheny College v. National Chautauqua County Bank of Jamestown UnreasonableWoman |
A woman promised $5,000 to a college in order to set up a fund in her name, but she repudiated the promise and then died. The college sued for the unpaid amount. |
Strong v. Sheffield UnreasonableWoman |
Plaintiff sold a business to Defendant's husband on credit and promised not to collect on the debt until he felt like he needed/wanted the money. |
Wood v. Lady Duff-Gordon UnreasonableWoman |
A fashion maven entered into an exclusive licensing agreement with Plaintiff, but then licensed her products to others without consulting Plaintiff. |
Rehm-Zeiher Co. v. F.G. Walker Co. UnreasonableWoman |
A whiskey distributor and a distiller entered into an agreement where the distiller would supply the distributor with whiskey, but the distributor could return anything it didn't have a need for. |
Mattei v. Hopper UnreasonableWoman |
Two parties agreed on a down payment for a tract of land. Then, one of them backed out of the deal. The other sued, claiming that there was no mutuality of obligation because of a "satisfaction clause" in their original agreement. |
Ricketts v. Scothorn UnreasonableWoman |
Plaintiff's grandpa promised to pay her $2,000/year for life, claiming he did not want her to ever have to work again. Plaintiff quit her job immediately. But then her grandpa died and the executor of the estate refused to pay. |
Feinberg v. Pfeiffer Co. UnreasonableWoman |
A company promised to pay a loyal worker a pension for the rest of her life, but when the company leadership changed hands, the payments stopped. |
Maryland National Bank v. United Jewish Appeal Fed. UnreasonableWoman |
A donor promised $200,000 to a charitable organization, but then passed away without completing $133,500 of the payment. The charity sued the estate of the donor. |
Alaska Airlines, Inc. v. Stephenson UnreasonableWoman |
Plaintiff was promised a job by an airline. He quit his old job and moved to Alaska for the new one, but then the airline fired him soon after he started there. |
Grouse v. Group Health Plan, Inc. UnreasonableWoman |
A company offered a recent pharmacy school grad a job. The grad resigned from his current position and turned down another offer in reliance on that promise. But then the company reneged on the promise before the grad even started. |
Hoffman v. Red Owl Stores, Inc. UnreasonableWoman |
A man entered into franchising negotiations with a grocery chain. But after asking the man to spend money on equipment and the operation of an experimental store, the grocery chain broke off negotiations. |
C.R. Klewin, Inc. v. Flagship Properties, Inc. UnreasonableWoman |
A company and a man they wanted to hire publicized their agreement to work together and shook on it, but they never entered into a written agreement for most of the job to be done. The company became unhappy with the man's work and hired someone else. |
McInerney v. Charter Golf, Inc. UnreasonableWoman |
A company promised to pay an employee (who had just received an job offer from a competitor with better commissions) a 10% commission on his sales "for life." The employee agreed and passed on the other offer. Then, the company fired him. |
Bazak International Corp. v. Mast Industries, Inc. UnreasonableWoman |
Two merchants agreed on a sale, and memorialized it on a blank purchase order (just because it was the only paper lying around). Then, the seller never fulfilled the order. |
Waddle v. Elrod UnreasonableWoman |
One party agreed to transfer interest in real property as a settlement for a lawsuit, and their attorney accepted the agreement by responding to an email. Then, the party changed their mind about the settlement and claimed Statute of Frauds. |
Chomicky v. Buttoplh UnreasonableWoman |
Two people made a deal for sale of a portion of property contingent on approval from a third party. They agreed to go through with the sale permit or not, but then the third party denied the permit and the seller backed out of the deal. |
Halbman v. Lemke UnreasonableWoman |
A Defendant sold a car to a minor. The minor was making payments on the car, but then it broke down and Plaintiff wanted to void the agreement under the infancy doctrine. Defendant refused to restore the minor's consideration for the broken-down car. |
Dodson v. Shrader UnreasonableWoman |
An infant purchased a car without misrepresenting his age. But then the car broke down and he invoked the infancy doctrine to try and get his money back. Defendant refused to accept the broken-down car and did not refund the infant. |
In re Marriage of Davis UnreasonableWoman |
After a history of domestic violence, a husband pressured his wife into giving up a ton of stock options during a settlement meeting. |
Hauer v. Union State Bank of Wautoma UnreasonableWoman |
A bank made a loan to plaintiff where there was evidence that the bank knew that the plaintiff was not competent to enter into the agreement at the time. |
Farnum v. Silvano UnreasonableWoman |
Defendant bought a home from an elderly woman for way less than the home was worth, knowing that she was likely incompetent to enter into an agreement. Defendant claimed, however, that the woman had a "moment of lucidity" at the time of closing. |
First State Bank of Sinai v. Hyland UnreasonableWoman |
A man claimed to have entered into a note agreement with a bank while intoxicated, and tried to claim that the contract was void as a result. |
Swinton v. Whitinsville Savings Bank UnreasonableWoman |
Plaintiff sued Defendant bank when it failed to warn him of termites in the home it had sold to him. |
Weintraub v. Krobatsch UnreasonableWoman |
A couple bought a house from its owner. Then they realized it was infested with roaches. |
Stambovsky v. Ackley UnreasonableWoman |
A guy bought a house from its owner only to find out that it's haunted. |
Stroup v. Conant UnreasonableWoman |
A guy told a landlord that he was going to open a shop for trinkets in the space. He actually set up an adult bookstore and everyone else in the building was upset because it was scaring away business. |
Market Street Associates v. Frey UnreasonableWoman |
One company invoked a clause in an agreement with another company in hopes that the this company had forgotten one particular paragraph in the agreement that would prove useful. |
Vokes v. Arthur Murray, Inc. UnreasonableWoman |
A dance company (allegedly) took advantage of a recent widow in her fifties by selling her more dance classes than she could use in a lifetime. The dance company promised her that she was improving and that the dance lessons were working. |
West Coast Airlines, Inc. v. Miner’s Aircraft & Engine Service, Inc. UnreasonableWoman |
The parties entered into an agreement for scrap metal removal, but then the junk removers accidentally took two engines along with the scrap metal. |
City of Everett v. Estate of Sumstad UnreasonableWoman |
A couple bought a locked safe at an estate auction "as is." They got the safe opened and found $30,000+ inside. |
Wood v. Boynton UnreasonableWoman |
A woman sold a stone to a guy. Both of them weren't sure what it was, so she sold it for $1. It turned out, the stone was an uncut diamond worth $1,000. |
Beachcomber Coins v. Boskett UnreasonableWoman |
Defendant sold a dime to a coin dealer for $500, claiming that it was minted in Denver. The coin turned out to be a dupe. The coin dealer sought rescission. |
Donovan v. RRL Corp. UnreasonableWoman |
A guy saw an advertisement for a used car. He went to the dealer to buy the car, but they told him that the price in the ad was a mistake. The dealer refused to sell the car for the mistaken price. |
Duncan v. Hensley UnreasonableWoman |
A husband and wife were getting divorced. The husband threatened to kill the wife if she did not sign over the farm to him as part of the divorce settlement, so the wife signed it over. |
Austin Instrument, Inc. v. Loral Corp. UnreasonableWoman |
A subcontractor threatened a general contractor with the denial of performance if the general contractor did not grant the subcontractor other bids and pay them more. |
Centech Group, Inc. v. Gentronicswang Co. UnreasonableWoman |
A general contractor and subcontractor entered into a memorandum of understanding ("MOU"). They then executed a revised MOU, but one of the companies claimed it accepted the revised MOU under economic duress. |
Williams v. Walker-Thomas Furniture Co. UnreasonableWoman |
A store implemented a purchase installment plan for Plaintiff that allowed the store to repossess all the things she bought if she defaulted on any payment. |
Frostifresh Corp. v. Reynoso UnreasonableWoman |
Defendant bought a fridge/freezer from Plaintiff, but was unable to actually afford it. The Plaintiff used some questionable sales tactics to secure the sale. |
Zapatha v. Dairy Mart, Inc. UnreasonableWoman |
Plaintiffs opened up a franchise of Defendant's store. In their agreement, there was a termination clause allowing for either party to terminate the contract at will. Defendants did so, but Plaintiff claimed the termination clause was unconscionable. |
In The Matter of Baby M. UnreasonableWoman |
A couple entered into a surrogacy contract with a woman, but once the woman had the baby, she did not want to return her to the couple. |
Johnson v. Calvert UnreasonableWoman |
A couple entered into a surrogacy contract with a surrogate who was going to carry their zygote to term (the surrogate had no biological relation to the baby). |
Comprehensive Technologies International, Inc. v. Software Artisans, Inc. UnreasonableWoman |
A company invoked a non-compete clause against an ex-employee when he started a new venture that they felt was competitive with their own business. |
Edwards v. Arthur Andersen LLP UnreasonableWoman |
Plaintiff was a CPA for Defendant company, but then received an offer for a different job while he was under an 18-month non-compete. Defendant enforced the non-compete and the other company retracted their offer. |
Klocek v. Gateway, Inc. UnreasonableWoman |
Plaintiff bought a computer from Defendant Gateway. He sued the company, but Gateway claimed that he had to arbitrate because of an arbitration clause contained in the terms they sent to him along with his computer. |
Leonard Pevar Co. v. Evans Products Co. UnreasonableWoman |
Plaintiff company brought suit against Defendant company for selling defective plywood, but the Defendant claimed that Plaintiff was bound by a clause that limited Defendant's liability for defective plywood. |
Gianni v. R. Russell & Co. UnreasonableWoman |
Plaintiff claimed that he and Defendant agreed that Plaintiff was going to have the exclusive right to sell soft drinks in the building where Plaintiff was renting space for its store. The term was not in the written agreement. |
Masterson v. Sine UnreasonableWoman |
The parties entered into a written contract regarding a farm, but then one party claimed that they had agreed to another term that was not reflected in the w |
Nelson v. Elway UnreasonableWoman |
Parties agreed to a sale of two automobile dealerships under a service agreement that they never put into writing. |
David v. G.N. Mortgage Corp. UnreasonableWoman |
Plaintiffs took out a mortgage and were presented with two stacks of paper by Defendant's agent. They signed without reading, but then found out that a term in the contract was different from what they thought they had agreed to. |
W.W.W. Associates, Inc. v. Giancontieri UnreasonableWoman |
The parties entered into a contract with a reciprocal cancellation policy and a merger clause, though Plaintiff insists that the cancellation clause was for their benefit, due to active litigation against Defendant. Defendant used the clause for itself. |
PG&E v. Thomas Drayage UnreasonableWoman |
Defendant replaced a turbine cover for Plaintiff under an indemnity clause. The cover fell and damaged a rotor, and Plaintiff sought to enforce the indemnity clause even though it wasn't really meant for Plaintiff's use. |
In re Soper’s Estate UnreasonableWoman |
A man faked his own death and left his wife to start a new life. He married a new woman and co-founded a business. In the buyout agreement, the man stated that his portion of the company should go to his "wife" were he to die. Then, he actually died. |
Frigaliment Importing v. B.N.S. UnreasonableWoman |
Two companies contracted for the sale of chicken. But Defendant supplied Plaintiff with fowl (stewing chicken) rather than the broiler and fryer chickens Plaintiffs wanted. The court was called upon to answer the question: What is "chicken"? |
Nanakuli Paving and Rock Co. v. Shell Oil Company, Inc. UnreasonableWoman |
Defendant had price protected Plaintiff on two previous occasions, but then refused to price protect Plaintiff from a price increase on the third occasion. |
Beanstalk Group, Inc. v. AM General Corp. UnreasonableWoman |
Plaintiff was to receive 35% off the top of gross receipts for licensing deals under its licensing agreement with Defendant. Defendant then sold their trademark and Plaintiff claimed that it was entitled to 35% of the profits. |
Dalton v. Educational Testing Service UnreasonableWoman |
A student took the SAT but the administrator suspected him of cheating. When he submitted evidence as part of the resolution process set out in the registration bulletin. But the administrator just didn't take it into account. |
Eastern Air Lines, Inc. v. Gulf Oil Corp. UnreasonableWoman |
Plaintiff contracted to supply fuel to Defendant. Oil prices went up significantly, but Defendant continued to pay the old price under the contract. Plaintiff accused Defendant of fuel freighting and breaching the duty of good faith. |
Carmichael v. Adirondack Bottled Gas Corp. UnreasonableWoman |
Plaintiff and her husband were selling gas at retail prices supplied by Defendant, who had tried and failed to buy the business in the past. Then, Plaintiff's husband died but she still didn't want to sell. Defendant abruptly terminated their contract. |
Brunswick Hills Racquet Club, Inc. v. Route 18 Shopping Center Associates UnreasonableWoman |
Defendant lessor lulled Plaintiff renter into believing that it had used its option in their contract, but then claimed that Plaintiff had not followed the procedure exactly enough and refused to let Plaintiff exercise the option. |
Jordan v. Duff Phelps, Inc. UnreasonableWoman |
An at-will employee at a company resigned right before a merger deal went through. The employee had stock options that would have dramatically increased in value had he stayed. |
Taylor v. Caldwell UnreasonableWoman |
Plaintiff contracted to rent a music hall from Defendant, but the music hall burned down. |
U.S. Bancorp Equipment Finance, Inc. v. Ameriquest Holdings LLC UnreasonableWoman |
Plaintiff and Defendant were in a lease agreement for airplanes. After 9/11, the airline industry tanked, and Defendant went bankrupt, did not renew its lease, and returned damaged planes to Plaintiff. |
Bush v. Protravel International, Inc. UnreasonableWoman |
Plaintiff booked a trip through Defendant travel agency. Then, the 9/11 attacks occurred. Plaintiff tried to cancel the trip, but the phone lines in NYC were down. Defendant then refused to return Plaintiff's deposit. |
Krell v. Henry UnreasonableWoman |
Plaintiff rented a room from Defendant to watch the coronation procession, but then the King got sick and the coronation was postponed. |
Northern Indiana Public Service Co. v. Carbon County Coal Co. UnreasonableWoman |
Plaintiff bought coal from Defendant under a fixed price agreement. But then a government order forced Plaintiff's costs to increase, and the agreement with Defendant was no longer beneficial to Plaintiff. |
Sub-Zero Freezer Co. v. Cunard Line Ltd. UnreasonableWoman |
Plaintiff booked a voyage with Defendant cruise line. Then, the 9/11 attacks occurred and Plaintiff wanted to rescind, but Defendant refused to issue a refund. |
Irving v. Town of Clinton UnreasonableWoman |
Defendant city hired Plaintiff to do snow plowing work and road sanding. The contract for the work was contingent upon voter approval of a specific road work budget, but this budget failed and Defendant wanted to pay Plaintiff less. |
Main Electric, Ltd. v. Printz Services Corp. UnreasonableWoman |
Sub and general contractors had a deal where one of the conditions was that GC would pay SC “provided like payment” shall be paid by the owner. Before the project was complete, the owner went insolvent and couldn't pay the GC. The GC didn't pay the SC. |
Kingston v. Preston UnreasonableWoman |
Apprentice contracted with Defendant to work for a period of time, after which the apprentice could purchase the business. But after the apprenticeship, Plaintiff tried to purchase without having the money and Defendant refused to sell. |
Goodisson v. Nunn UnreasonableWoman |
Plaintiff and Defendant agreed on the sale of an estate. If either party did not do their part of the contract, they were supposed to pay the other £21. Plaintiff never offered to sell the estate, but then sued Defendant for the £21. |
Cantrell-Waind & Associates, Inc. v. Guillaume Motorsports, Inc. UnreasonableWoman |
Defendant leased a property to Plaintiffs with an option to purchase the property after 2 years. But Defendant was evasive when Plaintiffs attempted to exercise the option. |
Clark v. West UnreasonableWoman |
Plaintiff was hired by Defendant to write books, but one term was that, if Plaintiff drank alcohol on the job, he would only be paid $2 per page. Defendant knew that Plaintiff drank on the job but accepted his work anyway. Defendant then refused to pay. |
Gill v. Johnstown Lumber Co. UnreasonableWoman |
Plaintiff agreed to buy Defendant's logs. But some of the logs that Defendant was delivering were swept away in a flood. |
Lowy v. United Pacific Insurance Co. UnreasonableWoman |
An excavation company was hired by Plaintiff to do grading, as well as some paving and street improvements. After 98% of the work was done, the company stopped because of an issue with payment for additional work. |
Stark v. Parker UnreasonableWoman |
Plaintiff agreed to serve Defendant on a yearly basis, but upon leaving Defendant’s employ, wanted to recover on a quantum meruit basis. |
Britton v. Turner UnreasonableWoman |
Plaintiff employed by Defendant for one year, but Plaintiff departed before the year was up without reason. |
Maxton Builders, Inc. v. Lo Galbo UnreasonableWoman |
Defendant agreed to purchase a home with a cancellation option if real estate taxes were greater than a specified amount. The taxes were greater but Defendant attempted to cancel after the deadline contemplated by the contract. |
Sahadi v. Continental Illinois National Bank & Trust Co. of Chicago UnreasonableWoman |
Plaintiff received loans from Defendant, but had an issue paying them back. Plaintiff agreed to pay the interest back by Nov. 15, but failed to do so. Defendant almost immediately called the loans, even after Plaintiff tried to tender the payment. |
Jacob & Youngs v. Kent UnreasonableWoman |
Defendant specifically asked contractors to use Reading pipe when remodeling his home. P did not use Reading pipe. |
O.W. Grun Roofing & Construction Co. v. Cope UnreasonableWoman |
Defendant failed to install roofing according to the terms of contract with Plaintiff (streaked tiles that were not of uniform color). |
Van Wagner Advertising Corp. v. S&M Enterprises UnreasonableWoman |
Plaintiff leased space to place a billboard outside the exit of the Midtown Tunnel, but Defendant took over the lease from a previous owner and canceled it. |
Laclede Gas Co. v. Amoco Oil Co. UnreasonableWoman |
The parties contracted regarding a propane delivery subsystem. Defendant was the exclusive provider to Plaintiff and Plaintiff had the exclusive right to cancel. Then, Defendant tried to raise prices during a propane shortage. |
Walgreen v. Sara Creek UnreasonableWoman |
Plaintiff contracted with Defendant to have an exclusivity agreement for pharmacies in Defendant's mall. However, Defendant’s business was failing, so they bought out their anchor tenant and replaced them with a wholesale pharmaceutical store. |
City of Columbus v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. UnreasonableWoman |
Plaintiff contracted with Defendant railroads to erect “neat and ornamental” buildings on each side of a newly constructed viaduct to give the impression of a continuous and complete road (hiding cars and depots from view). Defendants mostly refused. |
Ryan v. Ocean Twelve, Inc. UnreasonableWoman |
Tenants in a building built by Defendant allege many construction defects. As a condition of their contract, Defendant agreed to list all incomplete construction elements and finish them in a timely manner. Defendant did not. |
J.O. Hooker & Sons, Inc. v, Roberts Cabinet Co. UnreasonableWoman |
General contractor Defendant works with subcontractor Plaintiff cabinet company, and Defendant unilaterally terminated the contract after a dispute arose. |
Egerer v. CSR West, LLC UnreasonableWoman |
Plaintiff contracted Defendant to fill land for development purposes. Initially, Defendant delivered fill to Plaintiff, but the government eventually directed Defendant to stop providing these excavated materials to Plaintiff. |
Groves v. John Wunder Co. UnreasonableWoman |
Plaintiff owned a plant for sorting gravel, and contracted Defendant the rights to their plant with a renewal option. Defendant agreed that after removing the gravel from Plaintiff’s land, they would grade the land. They did not grade the land. |
Peevyhouse v. Garland Coal & Mining Co. UnreasonableWoman |
Plaintiff leased land to Defendant for coal mining. One condition was that Defendant would strip mine and do remedial work to repair the land afterward. However, this work was not done, and it diminished the value of Plaintiff’s property. |
Rockingham County v. Luten Bridge Co. UnreasonableWoman |
Plaintiff constructed a bridge it agreed to construct for Defendant even after Defendant explicitly told Plaintiff that the deal was off. Then Plaintiff sued for the costs it incurred from the construction. |
Bomberger v. McKelvey UnreasonableWoman |
Plaintiff went on with the performance of its part of the contract with Defendant even after Defendant repudiated the contract, because the Plaintiff, for its own purposes, needed some of the materials it would gain from the performance. |
Parker v. Twentieth Century-Fox Film Corp. UnreasonableWoman |
When Defendant canceled the film it contracted Plaintiff actress to work on, it offered her a role in a serious project in Australia, where she would be forfeiting the control and approval rights she had in the previous contract. She refused. |
In re Worldcom, Inc. UnreasonableWoman |
Michael Jordan was an endorser for MCI, which went bankrupt and was absorbed by Worldcom. After MCI’s bankruptcy, Worldcom decided not to continue their work with Jordan. |
Hadley v. Baxendale UnreasonableWoman |
Delivery of mill shaft is delayed, but Plaintiff did not tell the Defendant carriers that their delay would cause a loss of profits at their mill. |
C. Czarnikow, Ltd. v. Koufos UnreasonableWoman |
Plaintiff chartered Defendant vessel to sell their sugar in Basra, with an option to continue to Jeddah (not exercised). However, unexpected delays in the delivery caused the sugar to fetch a much lower price than it otherwise would have. |
Allen v. Jones UnreasonableWoman |
Defendant mortuary lost the cremated remains of Plaintiff’s brother after it negligently packed them for shipping to Illinois. |
Jackson v. Royal Bank of Scotland UnreasonableWoman |
Plaintiff imported dog chews from Thailand and sold them to a business partner with a markup that it did not inform it about. Defendant bank negligently sent an invoice revealing Plaintiff’s markups to the partner, who then canceled the contract. |
Kenford Co. v. County of Erie UnreasonableWoman |
Plaintiff entered into a contract with Defendant county to build a multipurpose sports dome. Then Defendant refused to build the dome. |
Florafax International, Inc. v. GTE Market Resources, Inc. UnreasonableWoman |
Plaintiff company subcontracted with Defendant to field phone calls for outgoing flower orders for themselves, florists in their network, and third party companies. Defendant breached, causing a third-party client to end their contract with Plaintiff.nti |
Deitsch v. The Music Co. UnreasonableWoman |
Defendant band was hired by Plaintiffs for their wedding, and Plaintiffs delivered music to them well in advance. Defendant confirmed the night before the event, but then did not show. |
Sullivan v. O’Connor UnreasonableWoman |
An entertainer sued her surgeon for botching her 2-part nose job surgery (which required 3 parts). |
TAL Financial Corp. v. CSC Consulting, Inc. UnreasonableWoman |
Plaintiff leased IT materials to a company later acquired by Defendant. When the company moved to relocate to Defendant’s main office, however, they ditched Plaintiff’s materials and documents, and Plaintiff called this a default. |
NPS, LLC v. Minihane UnreasonableWoman |
Defendant bought luxury seats at Gillette Stadium and signed a 10-year right to the seats. After a year, Defendant defaulted, and Plaintiff insisted that Defendant pay liquidated damages according to the acceleration clause in their contract. |
Wartzman v. Hightower Productions UnreasonableWoman |
Plaintiff formed a promotional entertainment partnership and wanted to raise money through selling public stock. They hired Defendant law firm partner to incorporate their corporation, but Defendant negligently failed to structure the company properly. |
Cotnam v. Wisdom UnreasonableWoman |
Doctors performed an emergency procedure on an unconscious person, after the person had sustained serious injuries in a car accident. Then, the person died and the doctors sought to recover the fair value of the services they provided. |
Farese v. McGarry UnreasonableWoman |
Under his lease's terms, Defendant believed that he would have an option to renew. Pursuant to this understanding, he made improvements to the property. But Plaintiff insisted that Defendant overstayed his lease and told him to vacate the property. |
Pyeatte v. Pyeatte UnreasonableWoman |
Wife put off her plans for graduate school as part of an agreement with her husband, where she would work while he attended law school, and then he would support her afterward. But the husband then asked for a divorce before the wife went to grad school. |
Hammontree v. Jenner Lan |
Driver with epilepsy crashed into Plaintiff after suffering from a seizure. Court held that a negligence standard was appropriate in evaluating liability. |
Christensen v. Swenson Lan |
Security guard got into an accident on her lunch break right outside of her place of employment. The Court rules that a jury should decide whether the guard was acting within her scope of employment. |
Riggs v. United States LegalWriter |
Grandson kills grandfather for inheritance, statute is silent about consequences of an heir murdering the testator. The spirit of the law trumps the letter of the law, so the killer grandson cannot inherit from his grandfather. |
Church of the Holy Trinity v. United States LegalWriter |
A statute that prohibited the importation of foreign labor did not prohibit the situation of an American church hiring a foreign pastor. |
W. Va. Univ. Hosps. v. Casey LegalWriter |
Expert fees do not count as attorney’s fees under 42 U.S.C. § 1988, so pursuant to that statute, a losing party does not have to pay the fees incurred by the winner in hiring experts. |
Roessler v. Novak Lan |
A patient suffered complications after treatment by a doctor who was contracted to work at a hospital. The Court finds that the jury should decide whether the doctor is considered an agent of the hospital. |
General Dynamics Land Systems, Inc. v. Cline LegalWriter |
It is acceptable under the Age Discrimination in Employment Act for a company to provide healthcare benefits to retired workers over 50 years old and not retired workers under 50 years old. |
Mullane v. Central Hanover Bank & Trust Co. Pilea |
A common trust fund informed non-resident beneficiaries of impending settlement via publication in a newspaper, despite having their contact information. This was in violation of due process. |
Gunn v. Minton Pilea |
A hypothetical question of patent law does not qualify a case to be heard in federal court on the basis of federal question subject matter jurisdiction. |
Ceglia v. Zuckerberg Pilea |
Determining an individual's residency is dependent upon a multi-factor test, which establishes their intent to remain domiciled in a state. |
Hackman v. One Brands, LLC Pilea |
To calculate the amount in controversy for diversity jurisdiction, claims brought on behalf of multiple people may not be added together to meet the amount. |
United Mine Workers of America v. Gibbs Pilea |
For pendent jurisdiction to be asserted, the federal and state claims must derive from the same nucleus of operative fact. |
Owen Equipment and Erection Co. v. Kroger Pilea |
Plaintiffs in diversity jurisdiction may not amend a suit to add a non-diverse party as the defendant, because it destroys diversity jurisdiction. |
Finley v. United States Pilea |
Pendent party jurisdiction may not allow the federal courts to adjudicate a claim against a party who would not otherwise be subject to federal jurisdiction simply because it arose from a common nucleus of operative fact as a claim against another party |
Erie Railroad Co. v. Tompkins Pilea |
Federal courts may not disregard state common law when sitting in diversity. |
Guaranty Trust Co. v. York Pilea |
Outcome determinative test redefined the difference between substantive and procedural law as defined in the Erie Doctrine. |
Byrd v. Blue Ridge Rural Electric Cooperative Pilea |
The outcome determinative test for choice of law is modified to be balanced by other considerations, such as an essential characteristic of the federal courts (trial by jury). |
Hanna v. Plumer Pilea |
Focus on the purpose of the Erie Doctrine to narrow the outcome determinative application further, and apply federal law only when it is truly procedural (even if the outcome is affected). |
Walker v. Armco Steel Corp. Pilea |
When there is not a direct clash between federal and state procedural rules, the twin aims of Erie must be evaluated to determine which law governs. |
Brown v. Kendall Lan |
Defendant accidentally poked Plaintiff's eye with a stick while trying to separate their dogs. Court finds that Defendant is only at fault for injury resulting from a failure to exercise ordinary care. |
Adams v. Bullock Lan |
Boy swung a wire under a bridge and got electrocuted by the uninsulated trolley wire underneath. Court holds that Defendant trolley company did not act unreasonably in failing to prevent against this unforeseeable injury. |
Gasperini v. Center for Humanities, Inc. Pilea |
The court focuses on accommodating state law in choice of law issues wherever possible. When state and federal law may coexist, the court reverts to the outcome determinative choice of law test. |
Shady Grove Orthopedic Assoc. v. Allstate Ins. Co. Pilea |
There is an inevitable conflict between state and federal laws. If the federal (procedural) law has statutory and constitutional authorization, then it governs. |
Conley v. Gibson Pilea |
Simplified notice pleading standard – takes a plain text reading of FRCP 8 and 9. |
Bell Atlantic Corp v. Twombly Pilea |
The standard for pleading moves to a stricter, plausibility pleading standard, which makes it more difficult for claims to get access to courts. |
Ashcroft v. Iqbal Pilea |
This case extends the plausibility pleading standard as articulated in Twombly to all civil cases, extending the standard past the context of antitrust cases. |
Bower v. Weisman Pilea |
This case illustrates examples of a motion for a more definite statement, and a motion to dismiss for failure to state fraud with particularity. |
Singletary v. Pennsylvania Department of Corrections Pilea |
This case covers the rules governing amendments to a pleading to add a new party, after the statute of limitations for the case has run. |
Krupski v. Costa Crociere S.P.A. Pilea |
Amendments relating back depend solely on the amended party's knowledge as to notice of the possibility of being served, not on the amending party's knowledge. |
Cooper v. Fitzgerald Pilea |
This case illustrates the rules for valid permissive joinder, and demonstrates that a court may sever a party if they are joined improperly under FRCP 20. |
Podhorn v. Paragon Group, Inc. Pilea |
This case illustrates FRCP 13, and the four tests that must be applied to determine if a counterclaim is compulsory. |
Temple v. Synthes Corp. Pilea |
Joint tortfeasors are permissively joined parties, and do not meet the threshold requirements for FRCP 19(a) compulsory joinder. |
Daynard v. Ness, Motley, Loadholt, Richardson & Poole, P.A. Pilea |
This case illustrates an example of a party that is neither necessary nor indispensable under the FRCP 19 requirements |
Gross v. Hanover Ins. Co. Pilea |
This case is an example of a party bringing in a 3rd party defendant via impleader, who may be liable for all or part of the claims against the defendant. |
United States v. Olavarrieta Pilea |
This case is an example of a motion for impleader being dismissed, as it fails to meet the requirement of the third party defendant being liable to the defendant for all or part of their claim. |
United States v. Northern Indiana Public Service Co., et al. Pilea |
This case is an example of dismissal of a motion to intervene on the basis of FRCP 24(a)(2). |
Hansberry v. Lee Pilea |
Res judicata may only bind parties who were adequately represented in a prior suit. |
Phillips Petroleum Co. v. Shutts Pilea |
Jurisdictional requirements of notice, and due process concerns, are less strict for class actions. |
Hickman v. Taylor Pilea |
Discovery may not be used to give access to an attorney's privileged work-product. |
Oxbow Carbon & Minerals LLC v. Union Pacific R.R. Co. Pilea |
This case gives an example as to the proportionality factor that must be met for a discovery request to be granted. |
Alley v. MTD Products, Inc. Pilea |
This case demonstrates the relative importance of the six factors in the proportionality balancing test for discovery. |
Freedom's Path at Dayton v. Dayton Metro Hous. Auth. Pilea |
This case is an example of a case in which a motion for a protective order of information requested in discovery is denied, but no sanction is granted. |
Chaplin v. Du Pont Advance Fiber Systems Pilea |
This case gives an example of an FRCP 11 sanction for filing a complaint with allegations that are not supported by facts. |
Chauffeurs, Teamsters and Helpers, Local No. 391 v. Terry Pilea |
This case demonstrates the two-step test to define the term "common law" in the seventh amendment, and thereby determine when an individual is entitled to a jury trial. |
Adickes v. S. H. Kress & Co. Pilea |
The party moving for summary judgment has the burden of showing the absence of a genuine issue of material fact. |
Celotex Corp. v. Catrett Pilea |
When a defendant moves for summary judgment, they must meet the burden of showing that the non-movant lacks sufficient facts. |
Galloway v. United States Pilea |
A judgment as a matter of law (directed verdict) does not violate the Seventh Amendment. |
Brandon v. Chicago Board of Education Pilea |
This case gives an example of a motion to vacate judgment that is not granted. |
Walgreen Co. v. Sara Creek Property Co. Pilea |
This case illustrates an example of evaluating whether an injunction or damages is the more appropriate remedy. |
Brown v. Plata Pilea |
The severe overcrowding of CA prisons violates the Eighth Amendment, and so the Court issuing an order to remedy the situation is valid. |
Carey v. Piphus Pilea |
Denial of procedural due process without proof of actual injury is actionable only for nominal damages. |
Car Carriers, Inc. v. Ford Motor Company Pilea |
This case demonstrates res judicata barring a claim that had been validly previously litigated. |
Taylor v. Sturgell Pilea |
This case demonstrates an exception to the mutuality of claim preclusion. |
David P. Hoult v. Jennifer Hoult Pilea |
Even if an issue was not an explicit part of an earlier final judgment, it may be barred by collateral estoppel. |
Jarosz v. Palmer Pilea |
This case gives an example of a court determining that an issue previously litigated was not essential enough to justify issue preclusion. |
Parklane Hosiery Co. v. Shore Pilea |
This case holds that trial courts should be granted broad discretion to determine when offensive collateral estoppel applies. |
Kindred Nursing Centers LP v. Clark Pilea |
This case determines that the FAA preempts state laws that bar forced arbitration agreements. |
Jacque v. Steenberg Homes Chris22 |
The Wisconsin Supreme Court upheld an award for punitive damages after the defendant intentionally trespassed on the plaintiff's land, even though there were no actual damages. |
Hinman v. Pacific Air Transport Chris22 |
The court held that a landowner does not have the right to prevent someone from traversing the airspace above his land. |
Regina v. Dudley and Stephens ErieAndSpooky |
Three seamen and one boy lost at sea with no food for 24 days. Two men killed and ate boy; guilty of murder despite necessity because was not in self-defense. |
Martin v. State ErieAndSpooky |
Man arrested while drunk in his home and brought onto highway by police. Cant be held liable for public drunkenness because public appearance was not voluntary |
People v. Newton ErieAndSpooky |
Defendant was shot in abdomen, then shot and killed police officer while unconscious from shock of abdominal wound. Not guilty of homicide because unconscious |
Pope v. State ErieAndSpooky |
Woman fails to stop or report child abuse, found not guilty because moral, not legal obligation |
Regina v. Cunningham ErieAndSpooky |
Man rips gas meter off wall to steal money inside. Gas leaks and poisons woman in neighboring house. Jury improperly directed on meaning of malice, and conviction quashed. |
Regina v. Faulkner ErieAndSpooky |
Man accidentally starts fire on boat while attempting to steal rum. Conviction for arson quashed because jury improperly directed. |
Elonis v. United States ErieAndSpooky |
Man makes threatening posts on facebook. Charged with making interstate threats, but reversed by Supreme Court because lacked mens rea requirement. |
United States v. Jewell ErieAndSpooky |
Man entered US driving car with 110 lbs. of marijuana in secret compartment. Claimed he was unaware of marijuana, but charged with knowingly transporting because "knowingly" encompasses deliberate ignorance |
US v. Carroll Towing Co. Lan |
Plaintiff's barge sank due to Defendant's negligence, but if Plaintiff had had a bargee on board, it could have prevented injury. Court holds that Plaintiff can be held liable for its failure to have a bargee on board. |
Baltimore & Ohio Railroad Co. v. Goodman Lan |
Goodman's view of the train tracks was blocked and he did not get out of his truck to check for an approaching train before continuing across the tracks. He was hit by a train and SCOTUS held that his failure to check made him negligent. |
Pokora v. Wabash Railway Co. Lan |
Pokora's view of the train tracks was blocked but he continued forward without leaving his vehicle to check for a train and was hit. SCOTUS holds that a jury should decide whether Pokora acted negligently. |
Andrews v. United Airlines, Inc. Lan |
Airline had warned passengers of falling luggage but taken no additional security measures. After falling luggage injured a passenger, the Court holds that a jury should decide whether the airline was negligent. |
Trimarco v. Klein Lan |
Tenant was injured by non-shatterproof glass and argued that landlord was negligent in failing to switch to shatterproof glass, according to custom. Court holds that this is not a customs case. |
Martin v. Herzog Lan |
Plaintiff driving without lights and Defendant driving outside the lane collided around a curve. Court holds that Plaintiff's failure to have the buggy lights on at night was negligence per se. |
Tedla v. Ellman Lan |
Tedla walked along the highway in the direction of traffic, violating a NY statute, to avoid the heavy traffic on the other side. Court holds that despite violating a statute, Tedla had exercised reasonable care. |
Bailey v. West ALAB |
Farmer boards a horse knowing that the horse's ownership is disputed. A contract was not formed and the farmer is not entitled to compensation. |
Bolin Farms v. American Cotton ALAB |
Farmers want out of forward sales agreement for cotton when the price of cotton unexpectedly doubles after contract is formed. |
United States v. Kirby LegalWriter |
Arresting a mail carrier on felony charges it not a violation of a federal statute that prohibits the obstruction of mail delivery. |
Public Citizen v. Department of Justice LegalWriter |
The President’s utilization of the American Bar Association Committee is not governed by the Federal Advisory Committee Act, and it would be absurd if this utilization fell under the statute. |
United States v. Locke LegalWriter |
Filing a claim under the Federal Land Policy and Management Act on December 31st constitutes a late filing because the statute says that claims must be filed prior to December 31st. |
Nix v. Hedden LegalWriter |
The ordinary meaning of a tomato is that it’s a vegetable, and thus a tomato counts as a vegetable for purposes of the Tariff Act regulating vegetables. |
Moskal v. United States LegalWriter |
Someone who knowingly acquires genuine vehicle titles with fraudulent odometer readings knows that the titles were falsely made and thus has violated the National Stolen Property Act. |
Smith v. United States LegalWriter |
Trading a gun for drugs constitutes “use” of a firearm relating to a drug trafficking crime within the scope of 18 U.S.C. § 924(c)(1). |
Train v. Colorado Pub. Int. Research Group, Inc. LegalWriter |
The Federal Water Pollution Control Act does not give the Environmental Protection Agency the power to regulate nuclear waste because nuclear waste is not a “pollutant” within the intended purpose of the Act. |
Blanchard v. Bergeron LegalWriter |
The amount of a “reasonable attorney’s fee” award under 42 U.S.C. § 1988 cannot be capped by a pre-existing fee agreement between the prevailing party and its attorneys in a civil rights action. |
Cont'l Can Co. v. Chi. Truck Drivers, Helpers & Warehouse Workers Union Pension Fund LegalWriter |
The term “substantially all” in 29 U.S.C. § 1383(d)(2) has its specialized legal meaning of “85%” and not the meaning of “50.1%” that was stated in the statute’s legislative history. |
Exxon Mobil Corp. v. Allapattah Services, Inc. LegalWriter |
§ 1367 overrules Zahn and permits a federal court to exercise supplemental jurisdiction over plaintiffs in a diversity action who do not meet the amount in controversy requirement if other plaintiffs in the case do meet the requirement. |
Hendricks v. Stalnaker Chris22 |
A private nuisance is a substantial and unreasonable interference with another's private use/enjoyment of his own property. |
Pile v. Pedrick Chris22 |
A trespasser must remove the encroachment and bear the full cost of doing so, regardless of how minor the encroachment. |
Golden Press, Inc. v. Rylands Chris22 |
A minor, unintentional encroachment onto another's property may not merit mandatory injunction, where the burden of removal greatly outweighs the damage to the plaintiff. |
Baker v. Howard County Hunt Chris22 |
An injunction is appropriate to prevent repeated and continuing trespasses to land. |
Pierson v. Post Chris22 |
A hunter must capture or kill a wild animal in order to possess it. |
Ghen v. Rich Chris22 |
A fisherman who killed a whale had established possession over it, even though he did not take immediate physical control over the animal. The local custom required the finder to return the animal to the fisherman who killed it. |
Keeble v. Hickeringill Chris22 |
An owner of land with a decoy pond is the first possessor of the ducks that swim in the pond. A neighbor who scares the ducks away |
Negri v. Stop and Shop Lan |
Plaintiff slipped by broken and messy baby food jars; Court finds that there is sufficient evidence to support jury finding that jars had been out long enough for Defendant to discover and clean up the mess. |
Gordon v. American Museum of Natural History Lan |
Plaintiff slipped on a clean piece of waxy paper; Court holds that there was not enough evidence to support a finding that Defendant had actual or constructive notice of the paper. |
Byrne v. Boadle Lan |
A barrel of flour fell out of Defendant's window onto Plaintiff; Court holds that falling barrel itself is evidence of negligence. |
McDougald v. Perry Lan |
A tire fell out of a trailer and hit Plaintiff's car; Court finds that res ipsa loquitur is applicable here. |
Ybarra v. Spangard Lan |
Plaintiff woke up from surgery with back and neck pain but it was unclear which doctor/nurse was responsible; Court holds that RIL could still apply despite multiple Defendants and multiple potential causes of injury. |
Sheeley v. Memorial Hospital Lan |
A procedure by a medical resident goes wrong and Plaintiff hires an expert to testify at trial; Court finds that expert is qualified to testify because he is knowledgeable of the specific procedure. |
Corning Glass Works v. Brennan LegalWriter |
It is a violation of the Equal Pay Act to pay higher wages to male workers on the night shift than to female workers who do the same work on the day shift. |
McBoyle v. United States LegalWriter |
An airplane is not a “motor vehicle” within the meaning of that term in the National Motor Vehicle Theft Act. |
Gustafson v. Alloyd Co. LegalWriter |
A “prospectus” for purposes of § 12(2) of the Securities Act of 1933 is a document that details a public offering of securities. |
People v. Smith LegalWriter |
A rifle is not a “dangerous weapon” within the term’s meaning in a state statute prohibiting the concealed carry of weapons. |
Circuit City Stores, Inc. v. Adams LegalWriter |
The Federal Arbitration Act only exempts the employment contracts of transportation workers from its rule that arbitration agreements are binding. |
NLRB v. Catholic Bishop of Chicago LegalWriter |
The National Labor Relations Act does not apply to church-operated schools, so a religion-centered employer who refuses to engage in collective bargaining with employees does not violate the statute. |
Gregory v. Ashcroft LegalWriter |
State judges fall within an exception to the Age Discrimination in Employment Act, so the statute does not apply to state judges. |
O'Connor v. Oakhurst Dairy LegalWriter |
A grammatical and fair reading of a Maine overtime law results in the inclusion of a Maine dairy’s delivery drivers within the protections of the law. |
United States v. Marshall LegalWriter |
The weight of the paper on which LSD is sold counts as part of the weight of LSD under the Controlled Substances Act. |
Hampton v. United States LegalWriter |
Congress can delegate its power of setting tariff rates to executive branch officers as long as Congress provides clear direction and doesn’t give the President sole discretion over the power. |
A.L.A. Schechter Poultry Corp. v. United States LegalWriter |
Congress’ delegation to the President of the power to approve codes of fair competition into law did not have an intelligible principle and was not a valid delegation of legislative power. |
Hamer v. Sidway ALAB |
Uncle promises nephew money for good behavior. Nephew follows uncle's rules but uncle dies before nephew receives the money, and sues uncle's estate for the promised amount. |
Langer v. Superior Steel Corp. ALAB |
Former employer stops paying pension as promised. Employee's non-compete agreement is consideration for the pension. |
Apfel v. Prudential-Bache Securities ALAB |
Company sells investment company an idea for computerized bond sales. The idea does not need to be novel, only valuable to the recipient, to be consideration. |
Alaska Packers’ Ass'n v. Domenico ALAB |
Fisherman strike for increased pay during time-sensitive season, and unable to find replacements, the contractor agrees. Accession to their demands was not enforceable under preexisting duty rule. |
Whitman v. American Trucking Assns., Inc. LegalWriter |
Congress’ delegation to the Environmental Protection Agency the power to set national ambient air quality standards under the Clean Air Act has an intelligible principle and is a valid delegation of legislative power. |
Indus. Union Dept. v. Amer. Petroleum Inst. LegalWriter |
The Occupational Safety and Health Act does not allow the Secretary of Labor to set a standard for a permissible level of benzene exposure in the workplace without evidence that the standard is supported by the best scientific evidence available. |
Gundy v. United States LegalWriter |
It was constitutional for Congress to delegate power to the Attorney General to retroactively apply the Sex Offender Registration and Notification Act to sex offenders convicted before the Act’s implementation. |
INS v. Chadha LegalWriter |
It is unconstitutional for a single house of Congress to have the power to pass a legislative veto over an executive branch decision, because this violates the constitutional requirements of presentment and bicameralism. |
Bowsher v. Synar LegalWriter |
The doctrine of separation of powers is violated when Congress delegates executive branch functions to the Comptroller General and has the authority to remove the Comptroller General under the Gramm-Rudman-Hollings Act. |
Myers v. United States LegalWriter |
The President has sole authority to remove an executive branch officer, and Congress cannot give itself a role in the removal of executive officers except by impeachment. |
Wood v. Lucy, Lady Duff-Gordon ALAB |
Fashion influencer gives her marketer exclusive rights to her endorsement and designs, but she does side deals. Contract included consideration because it implied that marketer had duties to influencer. |
Ricketts v. Scothern ALAB |
Grandpa promises his granddaughter cash allowance gratuitously so she doesn't have to work. Promise is enforceable under doctrine of equitable estoppel. |
Allegheny College v. National Chautauqua County Bank ALAB |
College sues executor of woman's will after she reneges on her promise to posthumously endow a scholarship in her name. College's acceptance of partial donation and agreement to name fund after her was sufficient consideration for formation. |
Congregation Kadimah Toras-Moshe v. DeLeo ALAB |
Deathbed promise to give money to congregation is not enforceable under promissory estoppel or consideration. |
Matthies v. Mastromonaco Lan |
Elderly woman with a broken hip was prescribed bed rest instead of surgery and sued saying she didn't give informed consent; Court holds that informed consent is required even for noninvasive treatments. |
Embry v. Hargadine, McKittrick Dry Goods Co. ALAB |
Boss insinuates that employee's contract will be renewed. Regardless of the boss's intention, a contract was formed because a reasonable person would have interpreted the boss's words as a promise. |
Lucy v. Zehmer ALAB |
Real estate sale “made in jest” is still enforceable when sellers' conduct led buyer to reasonably conclude that the assent was real. |
Southworth v. Oliver ALAB |
Information sheet on potential land sale was an offer in the context of prior negotiation and in light of its definiteness. |
Beneficial National Bank v. Payton ALAB |
Credit card company modified terms of agreement to include a mandatory arbitration provision. Consumer did not object to modification per the original agreement, so the arbitration provision was binding. |
Minneapolis & St. Louis Railway v. Columbus Rolling-Mill ALAB |
Company proposes a modified acceptance, which offeror rejects. Company then attempts to accept the original terms, but no contract is formed because their power of acceptance has been terminated. |
Raffles v. Wichelhaus ALAB |
Parties sign a contract for goods to be delivered on a ship named Peerless, but there are 2 ships with this name. Parties were referring to different ships, and their misunderstanding invalidated the contract. |
Harper v. Herman Lan |
Plaintiff was out on Defendant's boat and dove into waters that Defendant knew were too shallow for diving; Court holds that Defendant had no duty to warn Plaintiff and thus cannot be held liable for his injuries. |
Farwell v. Keaton Lan |
After Farwell was seriously injured when Farwell and Siegrist tried to pick up some girls together, Siegrist left him in front of his grandparents' house instead of seeking medical attention; Court holds Siegrist breached his duty to Farwell. |
Randi W. v. Muroc Joint Unified School District Lan |
Defendant school districts gave positive references for Gadams despite knowing his history of sexual misconduct, and Plaintiff student ended up being abused by Gadams; Court holds that Defendants breached their duty to Plaintiff. |
United States v. Wegematic Corp. ALAB |
Company promises to deliver a wonder computer but couldn't make it work. Not allowed an impracticability defense because they assumed the risk. |
Bernstein v. Nemeyer ALAB |
Partnership to flip apartments fails, and the parties both lose their investment. No restitution owed without unjust enrichment. |
Clark v. Marsiglia ALAB |
Clark hires Marsiglia to clean his paintings, but midway through Marsiglia's work, Clark breaches and tells Marsiglia to stop. Marsiglia is not entitled to damages for work performed after the breach. |
Hadley v. Baxendale ALAB |
Courier's delay in shipping miller's order results in miller's lost profits. Miller cannot recover damages for lost profits because the courier did not know or have reason to know that their delay would result in the lost profits. |
Williams v. Walker-Thomas Furniture Co. ALAB |
Rent-to-buy form contract with clause to repossess all furniture ever bought. Unconscionable and non-enforceable. |
International News Services v. Associated Press Chris22 |
The court found that news collection agencies have a quasi property interest in the news they collect, such that it constitutes an unfair trade practice to sell another agency's news as your own. |
Haslem v. Lockwood Chris22 |
The court found that a person who put in the work to gather a resource had acquired a property interest in that resource, even if he did not haul it away immediately. |
Wetherbee v. Green Chris22 |
When a person accidentally trespasses, takes chattels from the land of another, and then greatly increases the value of the chattels, the owner of the land can only recover for the trespass. |
Edwards v. Sims Chris22 |
The court has the right to order a survey of an owner's land to determine the coextensive property rights of adjacent landowners. |
Market Street Associates v. Frey ALAB |
One party benefits from other party's oversight in negotiations. It is a question for trial whether the beneficiary intentionally tricked the other party in violation of good faith duty. |
Patterson v. Meyerhofer ALAB |
Buyer goes to auction and outbids the seller who was supposed to buy and convey the properties to her. Buyer breached duty of good faith by intentionally preventing the other party's performance. |
OneBeacon America Insurance Co. v. Travelers Indemnity Company of Illinois ALAB |
Car is double-insured, and when car gets into an accident, the two insurers have dispute over whether one is obligated to contribute to settlement payment. Reformation is appropriate because the contract did not reflect the parties' actual intent. |
Jacob & Youngs v. Kent ALAB |
Homeowner contracts for builder to use a specific pipe. Builder uses the wrong kind, but substantially performs, so homeowner is not entitled to damages. |
First Hawaiian Bank v. Zukerkorn ALAB |
Customer may have acknowledged old bank debts with a new credit card agreement. Statute of limitations is not dispositively renewed. |
Webb v. McGowin ALAB |
Webb saves McGowin from falling log. Subsequent promise to cover Webb till death was enforceable. |
American Mechanical v. Union Machine ALAB |
Company backed out on property sale deal. Non-breaching party entitled to actual losses because they were foreseeable. |
American Standard, Inc. v. Schectman ALAB |
Cost of performance is awarded because grading was not incidental to the contract, even though it is disproportionate to the actual economic value of the product. |
Northern Indiana Public Service v. Carbon County Coal ALAB |
Northern Indiana finds a cheaper source of electricity, and breaches on their contract with coal company. Specific performance is not granted because the breach was efficient and in the public's best interests. |
In re Katrina Canal Breaches Litigation ALAB |
Class action for victims of Katrina whose insurance policies excluded flood damage. No recovery because flood is not an ambiguous contract term. |
Frigaliment Importing v. B.N.S. International Sales ALAB |
Dispute over what *is* "chicken." The meaning is ambiguous in the contract, but external evidence favors a broader interpretation of the term. |
Pacific Gas & Electric v. Drayage ALAB |
The meaning of an indemnity provision is ambiguous. Parol evidence should be examined to determine parties' intent and the terms' proper meaning. |
Alaska Northern Development v. Alyeska Pipeline Service ALAB |
Parol evidence is inadmissible for a partially integrated letter of intent, where such external evidence would contradict the integrated portion of the writing. |
AT&T Mobility, LLC v. Concepcion ALAB |
Free phone came with a fee. Arbitration agreement was enforceable because FAA preempted state rule against class waivers in such agreements as unconscionable. |
Sullivan v. O'Connor ALAB |
Surgeon botches a nose job for an entertainer. She is entitled to recover for the pain and emotional distress she suffered. |
Tarasoff v. Regents of the University of California Lan |
Psychologist was sued for failure to protect the woman that her patient ended up killing; Court finds that psychologist owed a duty of care to the victim. |
Uhr v. East Greenbush Central School District Lan |
Plaintiffs sued school district over failure to test their child for scoliosis, as required by statute; Court finds no private right of action is created by statute. |
Cuyler v. United States Lan |
Plaintiff sued Defendants for failing to warn of an abusive babysitter, who killed Plaintiff's child; Court holds that Defendants owed no duty of care to Plaintiff's child. |
Strauss v. Belle Realty Co. Lan |
Plaintiff fell due to poor lighting in a common area of his building; Court holds that utility company could not be held liable due to the lack of contractual relationship between Plaintiff and utility company. |
H.R. Moch Co. v. Rensselaer Water Co Lan |
Plaintiff's warehouse burned down due to utility company's failure to supply fire hydrant water; Court holds that company cannot be held liable for its failure. |
Reynolds v. Hicks Lan |
Defendants' underage nephew was served alcohol at defendants' wedding and got into a car accident injuring Plaintiff; Court finds that Defendants owed no duty of care to Plaintiff. |
Vince v. Wilson Lan |
Plaintiff injured in a car accident sued the grandaunt who purchased the car and the salesman and car sales place; Court held that there was a prima facie case for negligent entrustment for all three. |
Carter v. Kinney Lan |
Kinneys invited Carter over to their house, and Carter slipped on the frosty sidewalk outside; Court holds that Carter was a licensee and thus the Kinneys only had a duty to protect him from known dangers. |
Strain v. Green Chris22 |
Mirrors that had been affixed to the walls of a house and lights were fixtures, so they were part of the sale of the home. |
Scott v. Anderson-Tully Co. Chris22 |
A company that had used a tract of land peacefully, exclusively, and openly from 1969-2010 had established title in the land by adverse po |
Carpenter v. Ruperto Chris22 |
An adverse possessor must use the land under good faith claim of right. If the squatter knew that the land was owned by someone else, she cannot establish ownership of the land by adverse possession. |
Songbyrd v. Estate of Grossman Chris22 |
The statute of limitations begins running at the time of conversion. |
Armory v. Delamirie Chris22 |
The finder of an object has a claim of possession over the object that is enforceable against everyone except the true owner. |
Clark v. Maloney Chris22 |
A first finder of chattels has a better claim to title than a second finder, and losing property does not divest him of his property interest. |
Anderson v. Gouldberg Chris22 |
A person who obtained possession of personal property by trespassing had a better claim to title than complete strangers to the property, even if his property interest was weaker than that of the true owner. |
Fisher v. Steward Chris22 |
A person who finds a tree with bees in it on the property of another does not establish possession of the bees by marking the tree. In fact, in doing so, he trespassed. |
Heins v. Webster County Lan |
It was disputed whether Plaintiff was on Defendant's property paying a social visit (licensee) or providing material benefit through labor (invitee); Court abolishes the licensee/invitee distinction. |
Posecai v. Wal-Mart Stores, Inc. Lan |
Plaintiff was robbed in Defendant store's parking lot due to lack of security guard; Court holds that the low foreseeability of a crime occurring did not outweigh the burden of imposing a duty upon Defendant. |
Broadbent v. Broadbent Lan |
Plaintiff father brought suit against Defendant mother for failing to properly watch their son; Court holds that doctrine of parental immunity no longer applies. |
Benn v. Thomas Lan |
Defendant negligently caused a car accident, resulting in death of someone with a history of coronary disease; Court holds that decedent's unforeseeable weaker condition did not defeat proximate cause (eggshell plaintiff rule). |
McLaughlin v. Mine Safety Appliances Lan |
Defendant's product was used incorrectly by a fireman, resulting in serious injuries to a child; Court holds that fireman's disregard of instructions could constitute a superseding cause that defeats proximate cause. |
Derdiarian v. Felix Contracting Corp. Lan |
A driver negligently drove through a barricaded work site, injuring a worker; Court holds that the contracting company could still be found negligent for failing to properly protect the site, despite the driver's negligence. |
Goddard v. Winchell Chris22 |
A meteorite that was three feet under the ground was "affixed to the soil," so the owner of the land on which it fell was the owner of the meteorite. |
People v. Olivo Chris22 |
A person can be convicted of grand larceny even if he was apprehended while still inside the store. |
Intel Corporation v. Hamidi Chris22 |
Sending disparaging emails to employees on a company's email servers does not constitute a trespass to chattels. |
Berg v. Wiley Chris22 |
The only way that a landlord can evict a tenant who has neither abandoned nor surrendered possession of the property is by using the judicial process. |
Williams v. Ford Motor Co. Chris22 |
A repossession is lawful unless its imposes violence or a risk of violence. |
Ploof v. Putnam Chris22 |
Private necessity justifies conduct that would otherwise be considered trespass. |
McConico v. Singleton Chris22 |
Where the local custom and law granted hunters the right to hunt on unenclosed and undeveloped lands, the law of trespass did not divest them of such rights. So, a landowner could not exclude the hunters from his land. |
State v. Shack Chris22 |
The law of trespass does not permit a landowner to exclude health and legal aid providers from providing services to migrant workers living on his property. |
Palsgraf v. Long Island Railroad Co. Lan |
When Defendant's employees helped a man board a train, the man's package fell, causing a fireworks explosion and injuring Plaintiff 20ft away; Court holds Defendant owed no duty to Plaintiff. |
Humphrey's Executor v. United States LegalWriter |
The President can only remove the Federal Trade Commissioner for inefficiency, neglect of duty, or malfeasance in office under the Federal Trade Commission Act. |
Morrison v. Olson LegalWriter |
It is constitutional for Congress to only permit the Attorney General to remove an independent counsel “for good cause” under the Ethics in Government Act. |
United States v. Florida East Coast Ry. Co. LegalWriter |
The formal rulemaking procedures of the Administrative Procedure Act are not triggered if the phrase “on the record after the opportunity for an agency hearing” does not appear in a statute empowering an agency to make rules. |
United States v. Nova Scotia Food Products Corp. LegalWriter |
The Food and Drug Administration did not promulgate valid regulations when it did not disclose the scientific basis and key considerations underlying the regulations. |
Chocolate Mfrs. Ass’n, United States v. Block LegalWriter |
An agency’s final rule excluding flavored milk is invalid because it was not a logical outgrowth of a proposed rule including flavored milk, and thus did not provide adequate notice of the potential exclusion. |
Vermont Yankee Nuclear Power Corp. v. NRDC LegalWriter |
A court generally cannot impose upon a federal agency additional procedural requirements beyond those in the Administrative Procedure Act and the statute governing the agency. |
SEC v. Chenery Corp. LegalWriter |
Federal agencies can formulate standards of conduct through ad hoc adjudication in addition to the rulemaking process. |
NLRB v. Bell Aerospace Co. LegalWriter |
An administrative agency generally has discretion to choose between rulemaking and ad hoc adjudication in setting new standards of conduct. |
Chevron U.S.A., Inc. v. NRDC LegalWriter |
The Environmental Agency’s construction of the term “stationary sources” in the Clean Air Act to include a “bubble policy” is reasonable in the absence of clear Congressional intent otherwise. |
MCI Communications Corp. v. AT&T Co. LegalWriter |
The term “modify” in the Communications Act does not permit the Federal Communications Commission to make the statute’s tariff filing requirement largely optional. |
FDA v. Brown & Williamson Tobacco Corp. LegalWriter |
The Food and Drug Administration cannot regulate tobacco products under the Food, Drug, and Cosmetic Act. |
Motor Vehicle Mfrs. Ass'n v. State Farm Mutual Automobile Ins. Co. LegalWriter |
It is arbitrary and capricious for the National Highway Traffic Safety Administration to rescind a rule when the agency did not analyze relevant data or articulate a rational explanation for the agency’s decision. |
Falzone v. Busch Lan |
Plaintiff saw her husband get hit by a car and suffered injuries as a result of fear and emotional distress; Court holds that Plaintiff can recover damages despite the lack of physical impact. |
Metro-North Commuter Railroad Co. v. Buckley Lan |
Plaintiff was exposed to asbestos on the job and grew fearful of developing cancer; Court holds that Plaintiff cannot recover for his fear alone, without symptoms. |
Uston v. Resorts International Hotel Chris22 |
A casino did not have the right to exclude a player who counted cards in blackjack, because the property was open to the public and the player was not threatening its security. |
Shelley v. Kraemer Chris22 |
Private covenants that are racially restrictive violate the Fourteenth Amendment of the U.S. Constitution. |
Fair Housing Council of San Fernando Valley v. Roommate.com Chris22 |
A roommate selection website that asked for information about protected characteristics such as sex did not violate the Fair Housing Act, because choice of roommate touches on fundamental |
Olwell v. Nye & Nissen Chris22 |
When a tortfeasor has profited from committing the tort, the person against whom the tort was committed can recover the profits on the theory of unjust enrichment. |
Producers Lumber & Supply Co. v. Olney Building Co. Chris22 |
If someone goes onto someone else’s property and permanently improves it, and then subsequently destroys the improvement without permission, he is liable for the value of the improvement because he committed waste. |
Edwards v. Allouez Mining Co. Chris22 |
When a party's primary motive is impetus for another person's lawful business operations, he is not entitled to equitable relief for nuisance. |
Wood v. Leadbitter Chris22 |
A license to enter the land of another, even if paid for, is revocable. |
ProCD v. Zeidenberg Chris22 |
A license that is included on the shrink wrap on the outside packaging of an item, or that the buyer must click through in order to use the product, is enforceable as a contract. |
Allen v. Hyatt Regency–Nashville Hotel Chris22 |
When a person parks his car in a parking garage and receives a ticket for parking there, he enters into a bailment relationship with the owne |
Cowen v. Pressprich Chris22 |
An involuntary bailee has the same legal duties as a voluntary bailee if he exercises control over the property. |
The Winkfield Chris22 |
A bailee has a right in the property that is enforceable against all others except the bailor. |
Pocono Springs Civic Association, Inc. v. MacKenzie Chris22 |
Real property cannot be abandoned. |
Eyerman v. Mercantile Trust Company Chris22 |
When it would be against public policy, the court may enjoin an express condition of a will. |
Illinois Central Railroad Company v. Illinois Chris22 |
The lakebed of the Great Lakes belong to the state in which they are found, and such lands are held in public trust. |
Williams v. Estate of Williams Chris22 |
One of three daughters who has received their fathers farm in his will outlived the other two and sought to have the will construed so that she owned the whole farm after the passing of her sisters. The court held that they had had life estates. |
Delfino v. Vealencis Chris22 |
A partition by sale is only appropriate when it would better serve the interests of the parties and when a partition in kind is infeasible. |
Charles v. Barzey Chris22 |
A court must balance the intent of the testator with the necessity of resolving inconsistencies when construing a will. |
Brokaw v. Fairchild Chris22 |
A life tenant of a property cannot tear it down and build a new property; he must enjoy it in a manner that is consistent with the remainderman's interest in future possession. |
Mountain Brow Lodge No. 82, Independent Order of Odd Fellows v. Toscano Chris22 |
A gift of real property to an organization with a restriction that, unless the organization is using it, it will revert back to the family's estate, is valid. |
City of Klamath Falls v. Bell Chris22 |
When a gift grants fee simple title to the recipient with an indefinite condition, the gift may violate the rule against perpetuities. |
Gillmor v. Gillmor Chris22 |
Using property to its fullest capacity amounts to ouster. |
Harms v. Sprague Chris22 |
A mortgage does not destroy the unity of a title held in common by two joint tenants of a piece of property. |
O'Brien v. O'Brien Chris22 |
A medical license is part of the marital estate and its value should be divided between the spouses in a divorce. |
Paradine v. Jane Chris22 |
When a party enters into a contractual agreement, he is responsible for fulfilling the agreement regardless of whether his purpose for entering it is frustrated. |
Javins v. First National Realty Corp. Chris22 |
If a landlord does not comply with the obligation of habitability, the tenant is entitled to withold rent payments. |
Blackett v. Olanoff Chris22 |
Where the landlord leases a nearby space that interfered with the tenant's warranty of quiet enjoyment, he has constructively evicted the tenant. |
Gotlieb v. Taco Bell Chris22 |
A landlord is not required to accept a tenant's repudiation of a lease. |
Medico-Dental Building Co. of Los Angeles v. Horton and Converse Chris22 |
A lease is subject to the interpretive rules of contract law as well as landlord/tenant law under the property regime. |
Gammon v. Osteopathic Hospital of Maine, Inc. Lan |
Plaintiff was very distressed after finding a severed leg in his deceased father's personal effects; Court holds that Plaintiff can recover for emotional distress alone. |
Johnson v. Jamaica Hospital Lan |
Plaintiffs' baby was abducted due to hospital's negligence and returned months later; the Court holds that Plaintiffs cannot recover for their emotional distress because they were not in the zone of danger. |
Stubbs v. City of Rochester Lan |
Plaintiff contracted typhoid fever after drinking Defendant city's contaminated water; Court holds that Plaintiff does not need to disprove other 8 potential causes to establish actual cause. |
Cay v. Louisiana Lan |
Cay fell off a bridge with low railings and there was no evidence of foul play; Court holds that there was sufficient evidence for a jury to find the low railings to be a cause-in-fact of Cay's fall. |
Sommer v. Kridel Chris22 |
A landlord has the obligation to mitigate his damages after a tenant breaks the lease agreement. |
Mullendore Theatres v. Growth Realty Investors Co. Chris22 |
A promise to return the security deposit or else spend it to improve the property is not a covenant that runs with the land; it is merely an obligation on the original lessor. |
Kendall v. Ernest Pestana Chris22 |
A landlord must be reasonable in denying a sublease, even if the contract does not require it, because denial of a sublease is a restriction on alienation. |
Nahrstedt v. Lakeside Village Condominium Association Chris22 |
Restrictive covenants in condominium agreements will be upheld unless they violate public policy. |
Summers v. Tice Lan |
Plaintiff was shot in the eye by one of two Defendants, unclear which; Court holds that both Defendants can be held liable. |
Shinn v. Allen Lan |
Plaintiff injured by a drunk driver sued the friend who drank with the driver and asked him for a ride home; Court holds that friend could not be held liable for actions of the driver. |
Shinn v. Allen Lan |
Plaintiff injured by a drunk driver sued the friend who drank with the driver and asked him for a ride home; Court holds that friend could not be held liable for actions of the driver. |
Hymowitz v. Eli Lilly & Co. Lan |
Plaintiffs suffered injuries as a result of a drug their mothers took, but were unable to prove which drug manufacturer made the specific pill taken; Court says Plaintiffs can still recover under market share liability. |
Davis v. Mann Lan |
Plaintiff left his donkey on the road and Defendant hit it while driving negligently; Court holds that Plaintiff can still recover despite being contributorily negligent. |
Fritts v. McKinne Lan |
Defendant doctor whose negligence killed Plaintiff patient tried to argue that Plaintiff's drunk driving made him comparatively negligent for his death; Court holds that Defendant cannot make this argument. |
Murphy v. Steeplechase Amusement Co. Lan |
Plaintiff was injured on a ride that was designed to make riders fall; Court holds that Plaintiff assumed the risk when riding and cannot recover for his injuries. |
Davenport v. Cotton Hope Plantation Horizontal Property Regime Lan |
Plaintiff took the stairs in Defendant's building despite knowing they were badly lit and was injured in a fall; Court holds that Plaintiff's assumption of risk does not completely bar his recovery. |
Fletcher v. Rylands Lan |
Defendant's dam ends up flooding Plaintiff's mine shafts under Defendant's property; Court holds that Defendant is strictly liable for damages resulting from him bringing something unnatural (the dam) onto his property. |
Indiana Harbor Belt Railroad Co. v. American Cyanamid Co. Lan |
Plaintiff sued Defendant over spilled chemicals along the railroad; Court holds that a negligence standard, and not strict liability, should be applied. |
MacPherson v. Buick Motor Co. Lan |
Defendant sold a car to a retail dealer without inspecting the wheels, and Plaintiff who purchased the car from the retail dealer was injured in an accident; Court holds Defendant owed duty to Plaintiff despite lack of privity. |
Escola v. Coca Cola Bottling Co. of Fresno Lan |
Plaintiff is injured when a bottle of Coke explodes in her hand and she sues Defendant bottler; Court holds that Defendant's negligence is inferred under res ipsa loquitur. |
Soule v. General Motors Corporation Lan |
Plaintiff was injured when her car floorboard crumpled after a crash; Court holds that jury should not have been instructed on the consumer expectations test because this case requires technical knowledge. |
Camacho v. Honda Motors Lan |
Plaintiff was injured in a motorcycle crash and sues Defendant manufacturer for not designing the motorcycle with crash bars; Court holds that the obvious danger inherent in motorcycles does not bar Plaintiff's recovery. |
Hood v. Ryobi America Corp Lan |
Plaintiff removed blade guards on a saw despite a warning not to do so and was injured when the blade detached; Court holds the warning did not have to specify the detaching blade as a potential danger. |
Centocor v. Hamilton Lan |
Defendant drug manufacturer warned Plaintiff's physician of potential side effects of the drug but did not warn her; Court holds Defendant fulfilled its duty to warn under the learned intermediary rule. |
Vassallo v. Baxter Healthcare Corporation Lan |
Plaintiff was injured by defective breast implants, manufactured by a company since bought by Defendant; Court holds that Defendant can only be held liable if it had actual or constructive knowledge of the risk of defects. |
General Motors Corp. v. Sanchez Lan |
Plaintiff died from an incident with his truck, partly due to his own negligence, and partly due to a design defect; Court holds that Plaintiff's comparative negligence can reduce his recovery. |
Seffert v. LA Transit Lines Lan |
Plaintiff received a large damages award from the jury for her economic and non-economic injuries; Court holds that the jury award was not excessive. |
McDougald v. Garber Lan |
The jury awarded damages for loss of enjoyment of life and pain and suffering to Plaintiff in a coma; Court holds that both should be considered under pain and suffering, and that recovery requires an aware Plaintiff. |
BMW of North America v. Gore Lan |
BMW was ordered to pay $4M in punitive damages for the fraudulent sale of a car with a cheaper paint job to Plaintiff; SCOTUS holds that the punitive damage award was so excessive as to be unconstitutional. |
Campbell v. State Farm Mutual Auto Insurance Company Lan |
Jury awarded $145M in punitive damages and $1M in compensatory damages against State Farm; Court holds that the punitive damages were grossly excessive and unconstitutional. |
Bethel v. New York City Transit Authority Lan |
Plaintiff is injured on Defendant's bus when his seat collapses; Court gets rid of old common carrier highest standard of care and holds that common carriers only owe a general duty of reasonable care to passengers. |
In re Kinsman Transit Co. Lan |
A ship that broke from the dock ended up crashing into the city's bridge and causing flooding damage; Court holds that the ship's crew, the owner of the dock, and the city can all be held liable. |
Hanks v. Powder Ridge Restaurant Corp. Lan |
Plaintiff was injured snowtubing after signing a waiver releasing Defendant facility from liability; Court holds the waiver was not enforceable because it violated public policy. |
40 West 67th Street v. Pullman Chris22 |
The decisions of a co-op or condominium board are subject to deference under the business judgment rule. |
Kiekel v. Four Colonies Homes Association Chris22 |
An HOA can only restrict property use in its Declaration. Such a restriction in the HOA's bylaws is unenforceable. |
Broadway National Bank v. Adams Chris22 |
A beneficiary's creditors cannot obtain attachment of the income of a trust before it is paid out, because such income is owned by the donor. |
In re Rothko Chris22 |
The executor of a trust violates his fiduciary duty to the beneficiaries when he enters into a contract with an organization in which he has a personal financial interest. |
Wilber v. Owens Chris22 |
When the express purpose of a will is impossible to carry out, the court will look to the testator's general intent in construing the will. |
Timmer v. Gray Chris22 |
A good faith purchaser for value who fails to inspect the property before purchase is subject to a lien to prevent unjust enrichment. |
Murphy v. Financial Development Corp. Chris22 |
A mortgagee owes a fiduciary duty to the mortgagor in foreclosure to obtain a fair and reasonable price. |
Skendzel v. Marshall Chris22 |
In a contract for the sale of land, the vendor retains the legal title to the property as security for payment, but the vendee gets equitable title to the property as soon as the contract begins. |
U.S. Bank National Association v. Ibanez Chris22 |
A seller that forecloses on a property must be the mortgage-holder at the time of the notice of sale and foreclosure sale. An interest in a mortgage-backed security is not sufficient. |
Irons v. Smallpiece Chris22 |
A verbal gift is not valid unless possession of the property is transferred from the donor to the donee. |
Foster v. Reiss Chris22 |
Because a gift causa mortis supersedes a will, it must strictly follow the standards of validity. |
Gilbert v. McSpadden Chris22 |
A delivery of deed is valid only if the grantor unequivocally expresses an intention to part with the instrument presently and unconditionally. |
Kunstsammlungen zu Weimar v. Elicofon Chris22 |
One who steals property or obtains possession of it through theft cannot transfer good title to a good faith purchaser. |
Kotis v. Nowlin Jewelry Chris22 |
If a purchaser knows that he is buying stolen goods, he cannot be considered a good faith purchaser for value. |
Hauck v. Crawford Chris22 |
A landowner cannot void the title of bona fide purchasers where he was negligent in signing the contract, even if he signed it due to fraudulent inducement. |
Hood v. Webster Chris22 |
A good faith purchaser for valuable consideration with a recorded deed has a better claim to title than a prior purchaser with an unrecorded deed; but, he has the burden of demonstrating consideration. |
Mugaas v. Smith Chris22 |
An adverse possessor has a better claim to title than a subsequent purchaser for value with a valid recorded deed. |
Adams v. Cleveland-Cliffs Iron Company Chris22 |
Vibrations, noise, and dust do not constitute intrusions sufficient for recovery for trespass. |
Campbell v. Seaman Chris22 |
An injunction restricting one property owner's use of his land may be appropriate where that use causes irreparable damage or annoyance to his neighbor. |
Boomer v. Atlantic Cement Chris22 |
Permanent damages may be more appropriate than a permanent injunction to remedy nuisance where the costs of injunction would far outweigh the benefits. |
Baseball Publishing Co. v. Bruton Chris22 |
A contract between two parties that allowed one party the exclusive right and privilege to advertise on the building of the other party is an easement in gross, and it is not revocable. |
Schwab v. Timmons Chris22 |
A landowner who is landlocked without public road access cannot obtain an easement by necessity if he conveyed away his access to public roads. |
Warsaw v. Chicago Metallic Ceilings Chris22 |
A landowner obtains a prescriptive easement when he openly, notoriously, and continuously uses the property of another in an uninterrupted manner for more than 5 years. A landowner who encroaches on the easement is required to remove the encroachment. |
Fontainebleau Hotel Corp. v. Forty-Five Twenty-Five Chris22 |
A landowner can use his property in a manner that blocks his neighbor's access to freely flowing air and sunlight, because the free flow of air and sunlight is not a legal right. |
Penn Bowling Recreation Center v. Hot Shoppes Chris22 |
An easement-holder who had used it in an unauthorized way had not forfeited the easement altogether. |
Tulk v. Moxhay Chris22 |
A restrictive covenant can be enforced in equity against a subsequent purchaser who had knowledge of the covenant. |
Neponsit Property Owners’ Association v. Emigrant Industrial Savings Bank Chris22 |
Covenants run with land and bind subsequent purchasers if (1) they are intended to run with the land; (2) they concern/touch the land; and (3) there is privity of estate between the enforcement right of the promisee and the obligation of the promisor. |
Holbrook v. Taylor Chris22 |
Where a landowner tacitly or explicitly consents to use of his property that induces reasonable reliance to the licensee's detriment, he has granted an irrevocable easement by estoppel. |
Village of Euclid v. Ambler Realty Co. Chris22 |
Zoning ordinances fall within the city's police powers, and they do not violate landowners' Fourteenth Amendment rights to liberty and property. |
Kelo v. City of New London, Connecticut Chris22 |
A private redevelopment plan that will economically benefit the community is a sufficient "public use" to justify eminent domain under the Takings Clause of the Fifth Amendment. |
United States v. Miller Chris22 |
A landowner will not receive an inflated value for condemned land when such inflation is caused by the very project that the land is condemned for. |
Pennsylvania Coal Co. v. Mahon Chris22 |
A statute that restricts landowners' rights to mine the coal beneath their property constitutes a taking of property. |
Miller v. Schoene Chris22 |
A state is justified in preferencing one crop over another for the purpose of promoting the general economic welfare of state citizens. |
Penn Central Transportation Company v. City of New York Chris22 |
The state was justified in restricting the use of certain historic properties classified as landmarks, and such restrictions did not constitute a taking under the Fifth Amendment. |
Loretto v. Teleprompter Manhattan CATV Corp. Chris22 |
When the government authorizes a permanent physical occupation of physical property, the authorization is a taking that must be fairly compensated under the Fifth Amendment. |
Horne v. Dept. of Agriculture Chris22 |
A government regulation that allows the federal government to confiscate a certain portion of the raisins produced in California every year constitutes a taking. |
Lucas v. South Carolina Coastal Council Chris22 |
When a government regulation renders a landowner's property economically useless, it has committed a taking. |
Regina v. Dudley and Stephens Chris22 |
Killing someone is not justfied, even when done because of extreme hunger. |
Martin v. State Chris22 |
The state cannot force someone into a situation that satisfies the elements of a criminal act and then prosecute him for the criminal act. |
People v. Newton Chris22 |
Unconsciousness not caused by the voluntary conduct of the defendant is a defense to voluntary manslaughter. |
Jones v. United States Chris22 |
A legal duty to care for the deceased is a necessary element of involuntary manslaughter. |
Pope v. State Chris22 |
A person can only be convicted of child abuse if she had a sufficient relationship to the child such that she had an obligation to intervene to prevent abuse. |
Regina v. Cunningham Chris22 |
Malice requires intent or recklessness with respect to a particular harm. |
Regina v. Faulkner Chris22 |
A defendant cannot be held liable for all accidental consequences of an unlawful act; instead, only those consequences which were foreseeable and recklessly disregarded can form the basis of criminal liability. |
State v. Hazelwood Chris22 |
Due process is nto denied to a defendant who is convicted of criminal negligence under a statute that merely requires the civil negligence standard of care, because reasonable deterrence is the core principle of due process. |
Santillanes v. New Mexico Chris22 |
A defendant cannot be convicted of a criminal offense based on violating the standard of care for civil negligence. |
United States v. Jewell Chris22 |
A person can be held criminally liable for acts he did not know he was committing if his lack of knowledge was solely the result of deliberate ignorance. |
U.S. v. Balint Chris22 |
A statute that imposed strict liability for the sale of derivatives of coca or opium was permissible. |
United States v. Dotterweich Chris22 |
The legislature may impose strict vicarious liability against those convicted of public welfare criminal offenses. |
Morisette v. United States Chris22 |
The mere fact that a statute fails to mention a mens rea requirement does not mean that it should be read to impose strict liability. |
People v. Olsen Chris22 |
The legislature acts within its power when it imposes strict liability for the crime of statutory rape; so, reasonable mistake as to the age of the victim is not a defense. |
Garnett v. State Chris22 |
A statute that defines statutory rape as a strict liablity crime does not require the state to prove mens rea. |
Staples v. United States Chris22 |
Where a statute is ambiguous as to the mens rea requirement, but many innocent people would be implicated by a strict liability standard, the Court will not impute one. |
United States v. X-Citement Video, Inc. Chris22 |
A child pornography statute that was ambiguous as to which elements required knowledge was interpreted by the Supreme Court to require mens rea for each element. |
State v. Guthrie Chris22 |
Premeditated murder is a killing that takes place after the killer has considered and weighed the decision to kill. |
Girouard v. State Chris22 |
Words alone are not sufficient to sustain a provocation defense to murder. |
Maher v. People Chris22 |
The court should consider whether a reasonable person would be provoked, unless the defendant has a specific mental weakness not arising from wickedness or cruelty. |
People v. Casassa Chris22 |
The defense of extreme emotional disturbance requires (1) that the defendant acted in a state of extreme emotional disturbance, and (2) that such emotional state was reasonable. |
United States v. Fleming Chris22 |
The Fourth Circuit applied the depraved heart murder concept, finding that the difference in malice and recklessness is one of degree, not kind. |
Commonwealth v. Welansky Chris22 |
A nightclub owner who operated his nightclub with one entrance and no emergency exits was criminally liable for manslaughter when a fire killed 492 people trapped inside his club. |
People v. Hall Chris22 |
A ski instructor who decided to ski too quickly without control and technique acted with sufficient recklessness to sustain a conviction for reckless manslaughter. |
State v. Williams Chris22 |
A parent who does not obtain medical care for his child is criminally liable for the child's death under a Washington statute. |
Commonwealth v. Malone Chris22 |
Second degree murder was the proper charge against a defendant who acted with wickedness of disposition and reasonably could have anticipated the risk of harm to the victim. |
People v. Stamp Chris22 |
If someone dies while the defendant is committing an inherently dangerous felony, the defendant can be tried for murder. |
People v. Phillips Chris22 |
Grand theft by false pretenses is not an inherently dangerous crime, so it cannot serve as the predicate for felony murder. |
Hines v. State Chris22 |
Possession of a firearm by a convicted felon can be an inherently dangerous crime that can serve as the predicate for a felony murder charge. |
People v. Burton Chris22 |
A felony whose purpose is to cause bodily harm cannot serve as the predicate for felony murder. |
State v. Canola Chris22 |
A defendant cannot be convicted of felony murder of his co-felon who dies as the result of resistance. |
People v. Chun Chris22 |
Shooting at an occupied vehicle is assaultive in nature; therefore, it cannot serve as the predicate for felony murder. |
Gregg v. Georgia Chris22 |
The death penalty is not cruel and unusual punishment under the Eighth Amendment. |
McClesky v. Kemp Chris22 |
The courts will not consider statistical evidence in Fourteenth Amendment challenges to the state's use of the death penalty. |
Roper v. Simmons Chris22 |
Executing a minor violates the Eighth and Fourteenth Amendments. |
State v. Rusk Chris22 |
Force or threat of force sufficient to sustain a rape conviction can include disallowing the victim to leave and making her afraid. |
United States v. Peterson Chris22 |
In order to plead self-defense, the defendant must have believed genuinely and reasonably that the force was necessary to save life or prevent serious bodily injury. |
People v. Goetz Chris22 |
Reasonableness is required for the self-defense justification, even if the defendant sincerely believed that the force was necessary. |
State v. Kelly Chris22 |
Expert witness testimony on battered woman syndrome is relevant to self-defense justification, because it illuminates the defendant's state of mind at the time of the offense. |
State v. Norman Chris22 |
Perfect self-defense is a complete justification that requires a reasonable belief that force was necessary to prevent imminent danger. Imminence requires a present threat and no possibility of retreat. |
Commonwealth v. Sands Chris22 |
A defendant who shot her abusive husband while he was in bed watching televisionw as not in imminent danger such that she was justified in killing him. |
State v. Abbott Chris22 |
The duty to retreat is only required when the defendant uses deadly force. |
In the interest of MTS Chris22 |
Having sex with someone who is asleep is forceful. |
Commonwealth v. Sherry Chris22 |
The defendant need not have actual knowledge that the victim does not consent in order to be convicted of rape/sexual assault. |
Commonwealth v. Fischer Chris22 |
A defendant's counsel is not ineffective for failing to present a mistake of fact defense in a rape case. |
State v. DeLawder Chris22 |
The confrontation clause requires that the defendant have the opportunity to cross-examine the witness. |
People v. Ceballos Chris22 |
Deadly force is not justified where there is no threat of bodily harm. |
People v. Unger Chris22 |
Necessity can be a defense for escape of prison. |
United States v. Schoon Chris22 |
The necessity defense is not available in a case of indirect civil disobedience. |
Public Committee Against Torture v. State of Israel Chris22 |
In cases of imminent danger of severe death or harm, the necessity doctrine protects the GSS from criminal liability for torture. |
State v. Toscano Chris22 |
The duress defense can be submitted to a ury even if the harm is some future harm. |
M'Naghten's case Chris22 |
The insanity defense is available where the defendant can prove that at the time of the crime, he suffered from a mental condition that prevented him from appreciating the wrongfulness of his acts. |
Blake v. United States Chris22 |
In light of science on mental illness and incapacity, a sustainability requirement is an appropriate element of insanity. |
United States v. Lyons Chris22 |
The Fifth Circuit rejected the volitional prong of the insanity defense, finding that it does not comport with medical knowledge. |
Smallwood v. State Chris22 |
A defendant can only be convicted of attempted murder if the prosecution can prove a specific intent to kill. |
People v. Rizzo Chris22 |
Attempt is an act so proximate and near to the crime that the crime would have been committed in all reasonable probability but for timely interference. |
United States v. Jackson Chris22 |
Attempt requires a substantial step toward committing a crime and specific intent to commit the crime. |
United States v. Armstrong Chris22 |
In order to prevail on a selective-prosecution claim, a defendant must show that similarly situated individuals of other races were not prosecuted under similar circumstances. |
Hicks v. United States Chris22 |
The presence of the defendant at the scene of the crime is not enough to convict him for aiding and abetting, unless his own actions indicated an intent to aid in the commission of the crime. |
State v. Gladstone Chris22 |
A defendant who is not connected with the person who commits the crime is not guilty of aiding and abetting the crime. |
Rosemond v. United States Chris22 |
Acting to advance on element of a criminal offense is sufficient to support a conviction for aiding and abetting. |
Commonwealth v. Roebuck Chris22 |
A defendant can be convicted of third degree murder under an accomplice theory of liability so long as it is proven that he had the requisite criminal intent required under the statute. |
People v. Luparello Chris22 |
An accomplice can be prosecuted for the actual crime committed, even if it goes beyond the scope of his criminal intention. |
Roy v. United States Chris22 |
An accomplice cannot be held liable for a crime that was not a reasonably foreseeable consequence of the conspiracy. |
Wilcox v. Jeffrey Chris22 |
Where the defendant provides encouragement for unlawful activity and knows it is unlawful, he aids and abets the criminal act. |
State v. Tally Chris22 |
Making the commission of the offense easier for the principal is material aid. |
State v. Hayes Chris22 |
In order to hold someone criminally liable for aiding and abetting, there must be a common criminal intent. |
People v. Lauria Chris22 |
A supplier may be held criminally liable for the criminal use of his services if there is evidence of an intent to further the criminal acts. |
Vaden v. State Chris22 |
The public authority justification available to an undercover agent acting as the principal does not impute to the accomplice. |
Perry v. State Chris22 |
A parent who knowingly allowed a known sex offender to sleep in his daughter's room, but did so without an express agreement to perpetrate sexual battery, could not be convicted of conspiracy to commit sexual battery. |
Pinkerton v. United States Chris22 |
If any member of a conspiracy commits a substantive crime in furtherance of the conspiracy, such crime is attributable to all members of the conspiracy. |
State v. Bridges Chris22 |
Where the criminal act was an objectively foreseeable consequence of a criminal conspiracy, the co-conspirator could be held liable even without the requisite mens rea for the substantive crime. |
United States v. Alvarez Chris22 |
Circumstantial evidence of agreement, inferred from the defendant's overt acts furthering the conspiracy, are sufficient to sustain a conviction. |
Kotteakos v. United States Chris22 |
There is not necessarily a conspiracy when one person has criminal contact with two or more other people who are not connected to one another. |
Anderson v. Superior Court Chris22 |
A person who entered into a conspiracy referring women to an abortion doctor can be held liable for the substantive offense of performing an illegal abortion. |
United States v. Bruno Chris22 |
In order to find a single conspiracy sufficient to prosecute defendants together, it is not necessary that each co-conspirator have had contact with all others. |
United States v. Borelli Chris22 |
The conviction of several individuals in various roles of a drug conspiracy in a joint trial was improper where the judge failed to instruct the jury on single versus multiple conspiracies. |
United States v. McDermott Chris22 |
Where the defendant does not agree to pass on the information to a third party, he is not guilty of conspiracy to commit insider trading. |
Kier v. State Chris22 |
A conviction for possession of drugs requires proof of intent to exercise control over the drugs. Circumstantial evidence will suffice if the prosecution rules out all other reasonable hypotheses. |
State v. Pigford Chris22 |
Circumstantial evidence can support a conviction for possession with intent to distribute where other hypotheses are not probable. |
Brady v. United States Chris22 |
The fact that the death penalty is a potential sentence for a particular crime is not sufficient to support a claim that the defendant was coerced into pleading guilty. |
United States v. Hunte Chris22 |
Evidence that someone participated in the conspiracy and had constructive possession of drugs is sufficient to support a conviction, even if there was no financial motive to the defendant. |
Papachristou v. City of Jacksonville Chris22 |
A vagrancy statute was void for vagueness because it did not give a person of reasonable intelligence notice that his conduct was forbidden. |
Inmates of Attica Correctional Facility v. Rockerfeller Chris22 |
In general, the courts will not compel prosecution. |
Bordenkircher v. Hayes Chris22 |
A prosecutor's credible threat to bring more serious charges if the defendant does not plead guilty to the current charges does not constitute coercion. |
City of Chicago v. Morales Chris22 |
A statute that criminalizes loitering by a person reasonably believed to be in a gang is unconstitutionally vague. |
Duncan v. Louisiana Chris22 |
A defendant is entitled to a trial by a jury of his peers for any non-petty crimes. |
United States v. Dougherty Chris22 |
Included in the right to effective assistance of counsel is the right to dispense of one's dis-satisfactory lawyer and represent oneself. |
Wyley v. Warden, Maryland Penitentiary Chris22 |
Allowing the jury to decide both the law and the facts in any given case does not deprive the defendant of due process per se. |
Williams v. New York Chris22 |
Consideration of a sentencing report that contains information not presented at trial does not violate a defendant's right to due process. |
Ewing v. United States Chris22 |
A three strikes law mandating a minimum sentence that is grossly disproportionate to the crime that triggers the sentence does not violate due process. |
Graham v. Florida Chris22 |
Sentencing a juvenile convicted of a non-homicidal offense to life in prison without the possibility of parole is cruel and unusual punishment. |
United States v. Gementera Chris22 |
Punishment by public shaming is permissible because it is reasonably related to rehabilitation. |
United States v. Madoff Chris22 |
A disproportionately long sentence may be appropriate where the symbolic significance of such a sentence serves retributive and deterrent ends. |
Dred Scott v. Sandford Pilea |
Enslaved people are not granted rights and protections of the Constitution. |
Marbury v. Madison Pilea |
Affirms power of judicial review. |
Calder v. Bull Pilea |
State legislature is restrained by the constitution, or fundamental law, of the state. |
Cooper v. Aaron Pilea |
Affirms judicial supremacy as first hinted to by Marbury v. Madison. |
Baker v. Carr Pilea |
Summarizes the textual and prudential grounds for nonjusticiable political questions. |
Powell v. McCormack Pilea |
[Abrv.] Example of a question analyzed through political question doctrine, and determined to be justiciable. |
Goldwater v. Carter Pilea |
[Abrv.]Treaty Abrogation is a non-justiciable political question. |
Nixon v. US Pilea |
[Abrv.] The method of impeachment proceedings is a nonjusticiable political questions. |
Lujan v. Defenders of Wildlife Pilea |
Plaintiffs here may not bring suit because they do not have standing, due to lack of injury in fact and redressability of th |
Clapper v. Amnesty International USA Pilea |
Sets a high bar for injury in fact – must be concretely imminent to qualify for standing. |
McCulloch v. Maryland Pilea |
The necessary and proper clause is read broadly to expand Congress' powers. |
Gibbons v. Ogden Pilea |
Congress may regulate all commercial activities occurring between states, BUT the completely internal commerce of a state is considered as reserved for the state itself. |
Hammer v. Dagenhart Pilea |
Congress may not use its commerce power to regulate purely local matters. |
Schechter Poultry Corp v. US ("Sick Chicken" Case) Pilea |
Congressional use of commerce power to regulate the hours/wages for production of goods was invalidated. |
NLRB v. Jones & Laughlin Steel Corp. Pilea |
Congress may regulate labor relations because they have such a close and substantial relationship to interstate commerce. |
US v. Darby Pilea |
Upholds prohibition of shipment of goods on basis of substandard labor conditions using the substantial effects test. |
Wickard v. Filburn Pilea |
Congress uses the commerce clause to regulate a farmer growing wheat for his own consumption through the Aggregation principle. |
Heart of Atlanta Motel, Inc. v. US Pilea |
Congress can regulate local activities to combat racial discrimination. |
Katzenbach v. McClung Pilea |
Congress may regulate a discriminatory restaurant under the commerce clause because Congress had a rational basis to believe that discrimination would affect interstate commerce. |
US v. Lopez Pilea |
Suggests judicially enforceable limits on Congress. Even under a deferential rational basis test, this gun law fails. |
US v. Morrison Pilea |
Congress may not create civil remedies for gender based violence under the commerce power, because it does not constitute a regulation of "economic activity". |
National Federation of Independent Business v. Sebelius Pilea |
The individual mandate of the ACA is a valid use of Congress' taxation power, but not its commerce power. |
New York v. United States Pilea |
Establishes the anti-commandeering principle: Congress may not compel states to enact a federal regulatory program. |
Printz v. United States Pilea |
Anti-commandeering principle extends to preventing federal government from coercing state officials to execute federal programs. |
South Dakota v. Dole Pilea |
Congress' spending power may impose conditions on receipt of federal funds, however, some limitations are established on this conditional use of the spending power. |
Youngstown Sheet & Tube Co. v. Sawyer Pilea |
President needs authorization from Congress or the Constitution to issue an executive order. Establishes tripartite framework for analysis of President's power in Jackson's concurrence. |
Dames & Moore v. Regan Pilea |
Congressional approval of an executive order is drawn from inferences (implicit authorization). |
United States v. Curtiss-Wright Export Corp. Pilea |
The power to conduct foreign relations is vested exclusively in the President. |
Zivotofsky v. Kerry Pilea |
President has exclusive power to recognize foreign sovereigns. |
Missouri v. Holland Pilea |
Valid federal treaties trump state laws. Congress can enact laws to effectuate treaties. |
Trump v. Hawaii Pilea |
Uses rational basis review to uphold executive foreign national entry ban. |
Ex Parte Milligan Pilea |
Martial law can never exist if the courts are open and functional. |
Ex Parte Quirin Pilea |
Unlawful combatants, as opposed to lawful combatants (soldiers in uniform) may be placed in front of a military tribunal. |
Hamdi v. Rumsfeld Pilea |
An enemy combatant may be indefinitely detained under the AUMF so long as they receive "some" due process to determine if they were an enemy combatant. |
Boumediene v. Bush Pilea |
§7 of the Military Commissions Act of 2006 allowing for a suspension of the writ of habeas corpus is unconstitutional. |
Morrison v. Olson Pilea |
Functional necessity argument wins; Good cause does not impermissibly burden the President’s power to supervise/control independent counsel |
United States v. Nixon Pilea |
President has some privilege of confidentiality, but it must be weighed against the fair administration of criminal justice. |
Clinton v. Jones Pilea |
Immunity from private actions for Prez extends to a sphere of protected action related closely to the immunity’s justifying purpose (i.e., official duties). |
Barron v. Baltimore Pilea |
Bill of Rights restricted only to the National Government; SCOTUS refuses to bind states by the Bill of Rights |
Slaughter-House Cases Pilea |
Privileges/immunities clause of the Constitution simply informs state governments they must apply their laws equally to all US citizens who come within their jurisdiction. |
Saenz v. Roe Pilea |
Court strikes a law down as unconstitutional on the basis of privileges/immunities clause. |
Adamson v. California Pilea |
Applies Cardozo’s Palko test and says the law against self-incrimination (5A) fails the incorporation test under the 14A |
District of Columbia v. Heller Pilea |
The second amendment applies as a right for individuals against the federal government. |
District of Columbia v. Heller Pilea |
Established that the Second Amendment guarantees the individual right to possess and carry weapons. |
McDonald v. City of Chicago Pilea |
The Second Amendment is a fundamental right incorporated against the states. |
Lochner v. New York Pilea |
Court overturns state legislature (NY max hours min wages) as unconstitutional use of power. Establishes right to contract (as part of right to purchase or sell labor), not to be interfered with by the state. |
West Coast Hotel v. Parrish Pilea |
Minimum wage law for women is constitutional. |
US v. Carolene Products Pilea |
Introduced minimum rational basis standard to govern due process review of economic legislation |
Williamson v. Lee Optical Pilea |
Employs minimum rationality review to uphold law preventing opticians from fitting glass lenses without prescriptive authority. |
Griswold v. Connecticut Pilea |
Contraception use by married couples is protected under the constitutional right to privacy. |
Roe v. Wade Pilea |
Right of privacy encompasses women’s right to an abortion. |
Planned Parenthood v. Casey Pilea |
Reaffirms Roe’s essential holding but moves to undue burden/substantial obstacle framework pre-viability |
Gonzales v. Carhart Pilea |
Upheld nationwide ban on intact D+X abortion. |
Whole Women's Health v. Hellerstedt Pilea |
Introduces balancing test of burden of law vs. benefit to women in upholding abortion laws. |
Michael H. v. Gerald D. Pilea |
Tradition does not confer the right of a genetic father to have a relationship with the child. |
Bowers v. Hardwick Pilea |
No right to homosexual sodomy. |
Romer v. Evans Pilea |
Court uses rational basis review to invalidate denial of equal protection to gay people under CO law. |
Lawrence v. Texas Pilea |
Texas homosexual sodomy law is unconstitutional. Anything adult, consensual, and private is acceptable. |
US v. Windsor Pilea |
Invalidates DOMA (federal law defining marriage and spouse as solely heterosexual) |
Obergefell v. Hodges Pilea |
Marriage is a fundamental right, LGBTQ people cannot be denied that right. |
Strauder v. West Virginia Pilea |
Struck law excluding Black people from juries under the 14th Amendment. |
Plessy v. Ferguson Pilea |
Upholds separate but equal. |
Korematsu v. US Pilea |
Classification imposing race-based disadvantage survived strict scrutiny |
Brown v. Board of Education (Brown I) Pilea |
Segregation of public schools on the basis of race is unconstitutional. |
Bolling v. Sharpe347 U.S. 497 (1954) Pilea |
Racial segregation of public schools in DC is unconstitutional. |
Brown v. Board of Education (Brown II) Pilea |
Integration of segregated public schools must proceed with "all deliberate speed" |
Loving v. Virginia Pilea |
Miscegenation laws unconstitutionally violate equal protection. |
Washington v. Davis Pilea |
A test with a racially discriminatory impact of admission into the police force does not trigger strict scrutiny, and is not unconstitutional. |
Regents of UC v. Bakke Pilea |
Race-based quota in public school admissions is unconstitutional violation of equal protection. |
Richmond v. Croson Pilea |
Declared 14th Amendment required strict scrutiny for all race-based action by state and local governments. |
Adarand Constructors v. Peña Pilea |
Race classifications, whether beneficial or burdensome, must be evaluated under strict scrutiny. |
Grutter v. Bollinger Pilea |
Reaffirmed Bakke: Race-plus school admissions schemes are not prohibited by equal protection. |
Gratz v. Bollinger Pilea |
Racial balancing/points system is an impermissible use of affirmative action. |
Fisher v. University of Texas at Austin Pilea |
Top 10% plan is a valid use of affirmative action. |
Parents Involved v. Seattle School District Pilea |
Elementary school districts may not use affirmative action. |
Bradwell v. State Pilea |
Women may constitutionally be excluded from admission to the bar. |
Frontiero v. Richardson Pilea |
Gender classifications are inherently suspect. |
Craig v. Boren Pilea |
Establishes intermediate scrutiny for gender classifications. |
US v. Virginia Pilea |
VMI's policy of excluding women from admissions fails the intermediate scrutiny test. |
Michael M. v. Superior Court Pilea |
Biological gender differences may allow an exception from application of intermediate scrutiny. |
Personnel Administrator of Mass v. Feeney Pilea |
Evidence of a disparate impact is not enough to prove gender discrimination. |
Reynolds v. Sims Pilea |
Affirms one person, one vote. |
Shaw v. Reno Pilea |
Racial gerrymandering must be evaluated with strict scrutiny. |
Shelley v. Kraemer Pilea |
Judicial enforcement is a state action that triggers the 14th amendment. |
Asahi Metal Indus. Co. v. Superior Court of Cal. BirdLawyer |
Sales in the stream of commerce do not establish personal jurisdiction unless a company intentionally directed sales to the forum state market. |
Burger King Corp. v. Rudzewicz BirdLawyer |
A party need not be physically present in the forum state for personal jurisdiction to arise |
Carnival Cruise Lines v. Shute BirdLawyer |
Unnegotiated forum selection clauses are enforceable to create specific personal jurisdiction. |
Hanson v. Denckla BirdLawyer |
A forum state does not have personal jurisdiction over nonresidents just because the owner of the subject property lives there or conducted some business there. |
McGee v. International Life Insurance Co. BirdLawyer |
A court has specific personal jurisdiction over a contract dispute if the contract has a substantial connection to the forum state. |