Franz v. Calaco Development Corp.

How courts have described this case

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

• noting that whether the finder of fact is the trial court or a jury, the determination of whether punitive damages are available for the cause of action is a question of law reviewed de novo
• “Punitive damages are available as a matter of law for a breach of fiduciary duty”
• “[T]he trial court may submit the issue of punitive damages to the jury only if the plaintiff has made out a prima facie case for such damages”
• good faith between contracting parties requires that a party vested with contractual discretion must exercise his or her discretion reasonably and may not do so arbitrarily or capriciously
• “Punitive damages are available as a matter of law for a breach of fiduciary duty”
• Mortgage Act “unambiguously gives a mortgagor a right to damages where the mortgagee does not comply”

Source: CourtListener parenthetical corpus (CC0).