Tag Archives: Contract

Tire Company Can’t Compel Arbitration in China Under Expired Contract

Yesterday, in Linglong Americas, Inc. v. Horizon Tire, Inc., a unanimous panel of the Sixth Circuit rejected a tire manufacturer’s attempt to compel arbitration of claims in China under a contract that had already expired.  The manufacturer and its distributor had a “Collaboration Agreement” with an arbitration clause. The agreement expired in 2011 and was … Continue Reading

Sixth Circuit Examines “Tainted Goods” Claim

Last week, the Sixth Circuit decided United States ex rel. Wall v. Circle C Construction. The case required the Sixth Circuit to revisit the appropriate method of calculating damages for a violation of the False Claims Act. Circle C Construction built 42 warehouses for the U.S. Army at an Army base on the border of … Continue Reading

All contract Provisions Contribute to the Intent of the Parties

We all know that courts want to read contracts as a whole to effectuate the intent of the parties.  This case provides a textbook illustration of the principle. In a case arising from the bankruptcy and technology context, Cyber challenged the district court’s interpretation of its contractual agreements with Priva. The dispositive question was whether … Continue Reading

The Doctor Is Out: The Sixth Circuit Strips An “Unprofessional” Medical Student Of His Diploma

In Al-Dabagh v. Case Western Reserve University, the Sixth Circuit reversed a decision ordering Case Western to award a diploma to a medical student who had exhibited a pattern of unprofessional behavior. Though Amir Al-Dabagh received good grades, his medical school career was marked by a number of incidents that Case Western ultimately found to be … Continue Reading

Check Your Arbitration Clause: Sixth Circuit Draws Distinction Between “Arising Under” and “Related to”

Siding with the Fifth, Ninth and Second (unpublished) Circuits in a longstanding circuit split, the Sixth Circuit in United States ex rel. Paige v. BAE Sys. Tech. recently distinguished between disputes “arising under” and “related to” a contract for arbitration purposes.  The Sixth Circuit held that an arbitration clause mandating arbitration of “any dispute arising from this Agreement” … Continue Reading
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