· 3/3/2005
Schwan-Stabilo Cosmetics Gmbh & Co. v. Pacificlink International Corporation and Paul Shieh, Docket No. 04-0645-Cv
Citations
- 401 F.3d 28
- 2005 U.S. App. LEXIS 3614
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 First Restatement rule was inapplicable based on the exception for cases “where an alternative contract provides as one alternative the payment of a sum of money”
- recognizing that district courts “have the discretion to grant summary judgment sua sponte,” especially if the losing party receives “a full and fair opportunity” to contest it
Source: CourtListener parenthetical corpus (CC0).
Judges: Feinberg, Meskill, Parker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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