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Case Citations [1] (Spring 2025)

handle is hein.ali/seccontract0198 and id is 1 raw text is: . THE AMERICAN LAW INSTITUTE Spring 2025 Citations CONTRACTS 2D Generally D.Alaska, 2023. Cit. generally in sup., cit. in case cit. in ftn. Owner of a commercial-fishing vessel sued two deckhands who had entered written contracts with owner in which they agreed to be compensated with a share of the vessel's revenue, seeking a declaration that they were not entitled to receive a share of a payment that owner received from the United States Department of Agriculture under a temporary new seafood trade-relief program; deckhands counterclaimed. This court granted owner's motion for summary judgment, holding that, under foundational elements of contract law set forth in the Restatement Second of Contracts, deckhands' employment contracts unambiguously did not entitle them to a share of payments under the program. The court pointed out that the parties could not have intended for the contracts to cover the program, because the program did not exist when the parties entered the contracts, and the contracts reflected an intention to limit deckhands' compensation to a share of the cash actually received by the Vessel for fish sold. Angelette, LLC v. Bradley, 674 F.Supp.3d 687, 696. C.D.Cal.2023. Cit. generally in sup. In an ERISA class action, this court denied insurer's motion to decertify a previously certified class of insured patients who were denied coverage for their lumbar artificial disc replacement surgery, holding, among other things, that insureds were not required to comply with the plan's mandatory requirement that they exhaust their administrative appeals before filing suit. Noting that the Supreme Court and the Ninth Circuit both looked to the Restatement Second of Contracts in ascertaining common-law contract principles, the court cited Restatement Second of Contracts §§ 250 and 255 in reasoning that insurer, by systematically denying all claims for the surgery as a matter of policy, repudiated the contract and excused insureds, who underwent the surgery and were denied coverage, from satisfying the plan's administrative-exhaustion requirement as a condition precedent to filing the class action. Hendricks v. Aetna Life Insurance Company, 344 F.R.D. 237, 243. D.Del.2023. Cit. generally in sup. In a patent-infringement dispute, licensee of a patent related to single- cell spatial transcriptomics alleged that developer and licensor of the patent breached the terms of their grant agreement with the National Institutes of Health (NIH), under which they received funding for research and agreed to pursue open and non-exclusive licenses that encouraged innovations to be made widely available to researchers and commercial entities, by entering an exclusive license with licensee's competitor. This court granted in part developer and licensor's motion to dismiss, holding that licensee COPYRIGHT 02025 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.