Fashion House, Inc. v. K Mart Corporation, Fashion House, Inc. v. K Mart Corporation

How courts have described this case

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

• holding that where a contract is found to be ambiguous, a court may further consider extrinsic evidence in determining whether uncertainty exists
• noting that a “court need not formally make a choice of law” if the result is unaffected
• emphasizing that federal courts should avoid rendering advisory opinions that “deal with a covey of birds which may never come home to roost”
• noting that where indemnitor had notice of the plaintiff’s suit but declined to defend it, the indemnitor will be bound by any reasonable, good faith settlement the indemnitee might thereafter make
• precluding party that had successfully argued for the application of federal law to an issue before the district court from asserting on appeal that state law should govern the issue
• noting in dicta that under the applicable local rules of the District of Rhode Island, the appellate court’s remand of the case for retrial on other grounds would result in reassignment to a new trial judge, thereby rendering moot the attack on the trial judge’s fairness and demeanor

Source: CourtListener parenthetical corpus (CC0).