Blackstone Medical, Inc. D/B/A Orthofix Spinal Implants v. Phoenix Surgicals, LLC

How courts have described this case

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

• referring to prior material breach as an affirmative defense to a contract claim
• referring to prior material breach as an affirmative defense to a contract claim
• whether the circumstances of a particular case fall -within an exception to the statute of frauds is generally a question of fact for the jury to resolve
• “[T]he test for legal sufficiency should be the same for summary judgments, directed verdicts, judgments notwithstanding the verdict, and appellate no-evidence review.”
• “A party must plead and prove the affirmative defense of legal justification or excuse.”
• new contract includes new modified terms and old unchanged terms

Source: CourtListener parenthetical corpus (CC0).