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· 6/30/1988

Northern Heel Corp. v. Compo Industries, Inc.

Citations

  • 851 F.2d 456
  • 1988 U.S. App. LEXIS 9066
  • 1988 WL 66328

How courts have described this case

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

  • discussing application of Cummings factors in determining reasonableness of fees awarded under contractual provision
  • affirming award of attorney's fees to prevailing party under contract with nearly identical indemnity language
  • finding, where plaintiff brought claim for breach of contract, conditions precedent excused where defendant “deprived [plaintiff] of the 25 opportunity to demonstrate the fulfillment of [those] conditions”
  • where repudiation “was but a tool engineered to serve this illicit purpose” of extracting price concessions, there is breach of covenant of good faith and fair dealing
  • “Where the contract for employment of counsel provides a clear and workable formula for determining the amount of fees, the terms of the agreement will usually control.”
  • “The law should not be 1 cannot serve a legitimate penological goal or constitutional interest. See Rizzo v. Dawson, 778 F. 2 2d 527, 532 (9th Cir. 1985) (claiming that an action is arbitrary sufficiently alleges the absence of 3 any legitimate correctional goal

Source: CourtListener parenthetical corpus (CC0).

Judges: Coffin, Breyer, Selya

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.