· 1/22/1946
Arnold v. Chicago, St. P., M. & O. Ry. Co.
Citations
- 63 F. Supp. 986
- 1946 U.S. Dist. LEXIS 2948
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that provision was “not a liquidated damages clause since it ha[d] nothing to do with a party’s breach; it merely compensated [one party] for any loss due to registration delay”
- holding that a decision to dismiss a complaint seeking rescission was “premature” and “whether the status quo could be achieved is a question of fact and could not be decided solely on the pleadings”
- holding that “neither a complaint nor references to a complaint which results in a consent judgment may properly be cited in the pleadings” because there had been no “actual adjudication of any of the issues”
- stating that such orders, like criminal nolo contendere pleas, are excluded under Rule 410
- noting that a provision with “nothing to do with a party’s breach” is “not a 22 liquidated damages clause”
- stating that “[e]videntiary questions . . . should especially be avoided” at the pleadings stage
Source: CourtListener parenthetical corpus (CC0).
Judges: Donovan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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