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C & E SERVICES, INC. v. Ashland, Inc.

Citations

  • 601 F. Supp. 2d 262
  • 2009 U.S. Dist. LEXIS 19493
  • 2009 WL 585907

How courts have described this case

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

  • stating that “whether the parties were acting within the scope of a fiduciary relationship is a question of fact for the jury to decide, not a question for the court”
  • stating that “the duty is not a means to add new terms to the agreement; it merely requires that the parties behave fairly and reasonably in the performance and enforcement of the contract”
  • stating that if indemnitor remains potentially liable “to the party with whom the indemnitee settled, there is no unfairness that needs rectification” because indemnitor was potentially liable to underlying plaintiff “before the settlement and remains” so after settlement
  • declining to determine a prevailing party or. award costs because the parties were “nearly in equipoise”
  • awarding no costs because plaintiffs and defendants 2 alike were “arguably entitled to costs on the claims that they successfully pursued or defended”
  • declining to award costs in a mixed judgment case, without deciding who was the prevailing party, on the ground that the parties were “nearly in equipoise”

Source: CourtListener parenthetical corpus (CC0).

Judges: John M. Facciola

Read full opinion on CourtListener

Cited by

19 cases in this archive cite this case.

Cites

50 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.