In Re: Dow Corning Corp., Debtor. Bear Stearns Government Securities, Inc. v. Dow Corning Corp.

How courts have described this case

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

• “Intermediate state appellate courts’ decisions are also viewed as persuasive unless it is shown that the state’s highest court would decide the issue differently.”
• “In applying state law, [federal courts] anticipate how the relevant state’s highest court would rule in the case and are bound by controlling decisions of that court.”
• under Texas law, party challenging liquidated damages clause had burden to negate one of elements necessary to prove clause enforceable; where one element is negated, it is unenforceable penalty
• where party showed purported liquidated damages clause not reasonable estimate of just compensation for anticipated damages at time of contract, no need to consider whether such damages disproportionate to actual damages because burden already met

Source: CourtListener parenthetical corpus (CC0).