Fifth Circuit: Hall CA-NV v. Old Republic

 

Since the parties agreed to remove the provision of the standard form insurance contract relating to the priority of ex ante mechanics liens, the related-back ex ante mechanics liens are not covered by the general provisions of the form contract that protect claim priority generally.

Showing of costs and limited participation in negotiations insufficient to establish loss from dual representation under duty-to-defend.

Hall CA-NV v. Old Republic

Seventh Circuit: BRC Rubber & Plastics, Inc. v. Continental Carbon Company

Conditional right of first refusal requiring counterparty to allow vendor the chance to match any lower price for the contracted item is sufficiently binding on the first party to operate as consideration for the contract.  As the factual statements of the original claim support a theory of anticipatory repudiation, the court may allow the new theory of claim at summary judgment, absent prejudice.

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D08-16/C:17-2783:J:Ripple:aut:T:fnOp:N:2203557:S:0

Sixth Circuit: James Lossia, Jr. v. Flagstar Bancorp, Inc.

Checking account agreement's incorporation of the rules of the financial transfer system meant that it did not breach the agreement by processing the transactions in the order in which they were presented for payment, as opposed to the order in which the customer initiated them.

Automated imposition of a number of overdraft fees exceeding the agreement's limit did not breach the agreement, as there was a policy of manually correcting the overage on the next business day.

http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0133p-06.pdf

Seventh Circuit: Wisconsin Central Limited v. Tienergy, LLC

Unresolved third-party claims do not preclude an appeal of the final decision where the trial court has clearly signalled an intent to resolve any outstanding claims.

Federal law defining rail transport rates created an independent cause of action under the act.

Transporting company's lack of actual knowledge of manifest terms defining it as a consignee does not preclude statutory liability as a consignee where it is not in the business of transporting cargo and it retains all funds from the subsequent sale of the product.

No implicit scheme of contribution or agency existed that would shift the costs.

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D07-03/C:17-2343:J:Barrett:aut:T:fnOp:N:2181198:S:0

Seventh Circuit: Pain Center of SE Indiana, LLC v. Origin Healthcare Solutions LLC

Anonymous parties to case are sufficiently de minimis for diversity purposes, so there's jurisdiction.

Actively supported software license is, under state "predominant thrust" test, a contract for services, rather than goods, making the UCC inapplicable.

State tort claims are time-barred, as the plaintiff had knowledge of the harm during the continuing contract.

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D06-20/C:17-1276:J:Sykes:aut:T:fnOp:N:2173943:S:0

Federal Circuit: MEDICINES COMPANY v. HOSPIRA, INC.

Patents, UCC, En Banc

For purposes of Patent law, a product is considered to be onsale when the parties make a sale or offer for sale under the UCC.  Title to the embodiments or rights to the manufacturing must change hands -- stockpiling, contract for manufacturing, and other transactions of commercial benefit do not necessarily qualify.


 MEDICINES COMPANY v. HOSPIRA, INC.

Fifth Circuit: Marilyn Garner v. Knoll, Incorporated

Bankruptcy, UCC

Although the first claim on the funds transferred into the deposit account survived any secured interest against the acount, a subsequent commingling created a burden on the Trustee to establish that the funds remained identifiable.

http://www.ca5.uscourts.gov/opinions/pub/15/15-10274-CV0.pdf