· 3/16/2001
Northeast Drilling, Inc. v. Inner Space Services, Inc.
Citations
- 243 F.3d 25
- 49 Fed. R. Serv. 3d 638
- 2001 U.S. App. LEXIS 3980
- 2001 WL 246670
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that “[b]ecause the trial was heard without a jury, [the] motion at the close of [the] case should have been characterized as a motion for judgment on partial findings under Fed. R. Civ. P. 52(c)” instead of Rule 50
- affirming district court decision to deny joinder under Rule 19 for failure to provide good cause under Rule 16
- subcontractor's delay in submitting invoices to general contractor negated general contractor's payment as a condition precedent to subcontractor's duty to pay a sub-subcontractor
- subcontractor’s delay in submitting invoices to general contractor negated general contractor’s payment as a condition precedent to subcontractor’s duty to pay a sub-subcontractor
- “[u]nder the so-called prevention doctrine, a con- tractual condition precedent is deemed excused when a promisor hinders or precludes fulfillment of a condition and that hindrance or preclusion contributes materially to the nonoccurrence of the condition.”
- Rule 16(b) applies to Rule 19(a) joinder
Source: CourtListener parenthetical corpus (CC0).
Judges: Selya, Stahl, Lisi
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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