John B. Conomos, Inc. v. Sun Co., Inc.

How courts have described this case

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

• holding that the PCSPA provides for penalties and attorneys’ fees to be ordered “for untimely payment of amounts improperly withheld”
• stating that CASPA “requires penalties . . . for untimely payment of amounts improperly withheld”
• finding Section 512(b) of CASPA “expressly provides that even in the event that the parties agree otherwise, attorneys' fees and expenses are not waiveable”
• observing “[a]bsent fraud or unconscionability, courts should not set aside terms on which sophisticated parties agreed.”
• finding Section 512(b) of CASPA “expressly provides that even in the event that the parties agree otherwise, attorneys' fees and expenses are not waiveable”
• explaining that the implied covenant of good faith and fair dealing “serve[s] to imply terms that the parties would have spelled out had they foreseen their need, a breach of such implied terms is equivalent to a breach of any other provision in the contract”

Source: CourtListener parenthetical corpus (CC0).