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Case Summaries

Commercial Law

[07/18] The Container Store v. US
Reversing and remanding the final judgment of the United States Court of International Trade case granting summary judgment to the government because the subject modular storage unit imports were improperly classified as mountings and fittings rather than as parts of unit furniture.

[07/13] Eldridge v. Gordon Brothers Group, LLC
Affirming a ruling of summary judgment to the defendants but vacating and remanding for reconsideration a sanctions order since both sides agreed that the judge erred when ordering sanctions against the plaintiff rather than their attorneys and made a mistake in interpreting Delaware law relating to implied covenants.

[07/13] Council Tree Investors Inc. v. FCC
Denying a petition to review an FCC order allowing the limitation of bidding credits available to 'designated entities' in the bidding process for electromagnetic spectrum licenses since the decision was not arbitrary, an abuse of discretion, or otherwise contrary to the law.

[07/13] Corsair Special Situations Fund, LP v. Pesiri
Certifying an issue for the Connecticut Supreme Court's review in the case of a CT State Marshal where a judgment creditor disputed their claim under a state statute that awards a fifteen percent commission for the levy of an execution and the Marshal was claiming a commission where they merely served a writ of execution, which the creditor argues did not amount to the completion of the levy.

[07/06] In re Petrobras Securities
Affirming the district court's ruling that a class of securities litigants was entitled to the presumption of reliance, but vacating and remanding a set of class definitions that failed to verify the domesticity of individual over-the-counter transactions on globally traded notes.

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Insurance Law

[07/18] Olin Corp. v. OneBeacon America Insurance Co.
Affirming the jury and summary judgment findings as to an insurance company's liability for the cost of environmental insurance claims filed by an insured company, but remanding for damages recalculation and vacating and remanding to determine the effect of the insured's prior insurance provision and prior settlements.

[07/13] Mountain Valley Prop. Inc. v. Applied Risk Serv. Inc.
Affirming the denial of a motion to vacate an arbitrator's decision because the arbitrator did not manifestly disregard the law and did not exceed their powers.

[07/12] LA Unified Sch. Dist. v. Safety Nat. Casualty Corp.
Affirming that the trial court did not abuse its discretion denying an insurer's motion to compel arbitration with its insured based on the possibility of conflicting rulings in pending litigation with third parties in a case where the California procedure applied, rather than the Federal Arbitration Act, to an arbitration agreement that lacked a choice of law provision.

[07/05] Seneca Insurance Company, Inc. v. Strange Land, Inc.
Vacating the district court order staying an action pending the decision in a parallel state court proceeding because there were no exceptional circumstances serving an important countervailing interest.

[07/03] Tustin Field Gas Food Inc. v. Mid Century Insurance Company
Affirming the trial court's ruling that the splitting of an improperly installed fiberglass sheath on a gas station's underground gasoline storage tank after 16 years did not constitute a collapse as defined by the law and was not entitled to coverage under an insurance policy that failed to define collapse.

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Oil & Gas

[07/19] In Re SemCrude L.P.
Affirming a summary judgment for downstream purchasers of oil in a Chapter 11 case where the downstream purchasers took measures to protect themselves against the company's insolvency while oil producers failed to do so, holding that the precautions taken by the downstream purchasers did not entitle the oil producers to the full repayment received by the downstream purchasers.

[07/03] Tustin Field Gas Food Inc. v. Mid Century Insurance Company
Affirming the trial court's ruling that the splitting of an improperly installed fiberglass sheath on a gas station's underground gasoline storage tank after 16 years did not constitute a collapse as defined by the law and was not entitled to coverage under an insurance policy that failed to define collapse.

[06/13] Autoridad de Energia Electrica v. Vitol SA Services, LLC
In a suit brought under a Puerto Rico 'Law 458', which prohibits government instrumentalities and public corporations from awarding bids or contracts to persons (including juridical persons) who have been convicted of 'crimes that constitute fraud, embezzlement or misappropriation of public funds listed in section 928b of this title,' P.R. Laws Ann. tit. 3, section 928, the district court's judgment remanding the case to the Commonwealth Puerto Rico Court of First Instance is affirmed where the forum selection clauses at issue were enforceable, and that the unanimity requirement of 28 U.S.C. section 1446(b)(2)(A) therefore could not be satisfied.

[06/12] SolarCity Corp. v. Salt River Agricultural Improvement and Power Dist.
In an antitrust lawsuit alleging a power district had attempted to entrench its monopoly by setting prices that disfavored solar-power providers, defendant's appeal of the district court?s order, denying its motion to dismiss the suit based on the state-action immunity doctrine, is dismissed for lack of jurisdiction where the collateral order doctrine does not allow an immediate appeal of an order denying a dismissal motion based on state-action immunity.

[06/12] In re Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation
In consolidated multi-district litigation arising from contamination of groundwater in Orange County, California from various oil companies' use of the gasoline additive MTBE, the district court's grant of summary judgment to defendants on res judicata grounds as a consequence of earlier consent judgments entered in California state court resolving similar suits against defendants brought by the Orange County District Attorney, is vacated and remanded where the record does not sufficiently establish that the Orange County District Attorney and the Orange County Water District-plaintiff were in privity.

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