Posts Tagged ‘breach of contract’
Breach of warranty in the sale of goods and the statute of limitations
Cardinal Health 301, Inc. v. Tyco Electronics Corp. (2008) 169 Cal. App. 4th 116. Holdings Noted The four-year statute of limitations bars warranty claims unless the warranty explicitly extends to future performance of the goods and discovery of the breach must await such future performance.  A warranty that the goods will have a “mechanical life…
Read MoreMinority Shareholder Can Not Bring Claims Against the Corporation’s Counsel
In Reilly v. Greenwald & Hoffman, LLP (2011) 196 Cal. App. 4th 891, the court held that a minority shareholder could not bring a derivative action against the corporation’s outside counsel for misrepresentation, malpractice, or breach of contract. In March 2003, Mark Reilly and Lena Brion agreed to operate Brion Reilly, Inc. (BRI), to provide…
Read MoreZalkind v. Ceradyne, Inc.
In Zalkind v. Ceradyne, Inc. (2011) 194 Cal. App. 4th 1010, Ceradyne, Inc. (Ceradyne), entered into an asset purchase agreement (asset purchase agreement) with Stanley and Elizabeth Zalkind (the Zalkinds) and Quest Technology, LP (Quest), a limited partnership owned by the Zalkinds. Under the terms of the asset purchase agreement, Ceradyne purchased all of Quest’s…
Read MoreA disclaimer can be worth its weight in lawyers
Doe v. SexSearch.com, 551 F. 3d 412 (6th Cir. 2008). Plaintiff John Doe, filing under a pseudonym, appealed the dismissal of his complaint against defendant, SexSearch.com (“SexSearch”), an online adult dating service that facilitates sexual encounters between its members. In October 2005, John Doe became a “Gold Member” of SexSearch, which required him to pay…
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