· 5/29/1865
United States v. One Thousand Seven Hundred & Fifty-Six Shares of Capital Stock
Citations
- 27 F. Cas. 337
- 5 Blatchf. 231
- 1865 U.S. App. LEXIS 325
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that a complainant’s failure to exhaust available administrative remedies constituted sufficient justification for entering summary judgment against him
- recognizing that an employee manual will only be considered a binding contract where there is evidence that the parties “intended to be contractually bound by the provisions in the manual or evidence that a reasonable person would have believed such intent existed”
- stating that a breach of the duty “requires proof of acts amounting to fraud or deceit on the part of the employer”
- nothing that the burden shifts to the nonmoving party to present evidence after the moving party has identified portions of the record that “demonstrate the absence of a genuine issue of material fact”
- finding that defendant’s “argument with respect to the [plaintiff] being an executive and, therefore, exempt from the WDA is more appropriate for a Motion for Summary Judgment after the discovery process has occurred.”
- “[T]he implied duty of goseoed afalsioth and fair dealing arises by implication through the existence of a contract itself.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Nelson
Read full opinion on CourtListenerSourced 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.