American Surety Co. of New York v. Foust

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• adopting the narrow exception for Colorado and noting courts in New York, Vermont, Florida, Oklahoma, and Connecticut had also adopted the exception
• explaining that the duty of good faith and fair dealing requires that “the parties perform in good faith the obligations imposed by their agreement” and that violation of the duty “gives rise to a claim for breach of contract” (internal quotation marks omitted)
• holding state court “is not deprived of jurisdiction where a party's notice of removal to a federal court indicates, on its face and as a matter of law, that the party's attempt to remove the case was without the slightest color of right or merit”
• “A party has substantially performed when the other party has substantially received the expected benefit of the contract.” (quotation marks and citation omitted)

Source: CourtListener parenthetical corpus (CC0).