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· 8/10/2004

Fluorine On Call Ltd v. Fluorogas Limited

Citations

  • 380 F.3d 849

How courts have described this case

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

  • recognizing that under Texas law, the elements of a tortious interference with a contract claim are: “(1) the existence of a contract subject to interference; (2) a willful and intentional act of interference; (3) such act was a proximate cause of damage; and (4
  • holding the following clause more closely resembled a remedy rather than duration term: “If FOC fails to make such payment as disclosed in Table One, FOC’s license upon [Flurogas] providing written notice to FOC, shall hereafter be non-exclusive.”
  • remanding for reassessment of fee award in light of remand for reconsideration of damages award
  • remanding for reassessment of fee award in light of remand for reconsideration of damages award
  • finding a fraud “claim based on failure to disclose . . . deficient because [the claimant] has not pleaded or argued any exception that would have given [the defendant] a duty to disclose”
  • “[T]he market value is determined by considering what a hypothetical buyer would pay for the chance to earn future profits.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Davis, Prado, Pickering

Read full opinion on CourtListener

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.