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· 5/31/1995

Gary Joseph Grappo v. Alitalia Linee Aeree Italiane, S.P.A. And Gianfranco Bianchi

Citations

  • 56 F.3d 427
  • 62 A.L.R. 5th 805
  • 26 U.C.C. Rep. Serv. 2d (West) 657
  • 1995 U.S. App. LEXIS 13498
  • 1995 WL 325251

How courts have described this case

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

  • explaining that a quantum meruit claim is proper if it seeks compensation for the value the work performed, instead of the benefit of the bargain
  • training manuals would have been useless absent a copyright license to use them
  • where there is a breach of contract claim, a fraud claim is only permitted “if the defendant engaged in other fraudulent conduct besides entering the contract with no intention to perform”
  • “A cause of action for fraud does not generally lie where the plaintiff alleges only that the defendant entered into a contract with no intention of performing.”
  • where “the sale of a non-exclusive license for copyrighted material was the core of the contract” the contract was not for the sale of “goods” but general intangibles / personal property
  • employer owes no fiduciary duty to at-will employee

Source: CourtListener parenthetical corpus (CC0).

Judges: Kearse, McLaughlin, Cabranes

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.