In this appeal, based on diversity jurisdiction, appellant Federal Insurance Company ("Federal"), the insurer of Berkshire Retirement Community, Inc. ("Berkshire Retirement"), challenges the district court's decision to grant summary judgment on its subrogation claim in favor of defendants Commerce ...   MORE>>

In Pacific Northwest Generating Coop. v. Dep’t of Energy (“PNGC”), 550 F.3d 846 (9th Cir. 2008), amended on denial of reh’g, No. 05-75638, 2009 WL 2386294 (9th Cir. Aug. 5, 2009), this court held invalid a central provision of a five-year contract between the Bonneville Power Administration ...   MORE>>

Two corporations, one based in Massachusetts, and the other in Michigan, entered into a business arrangement (the Agreement). After a falling-out, one of the contracting parties, PowerShare, Inc., commenced a civil action in the district court to enforce the Agreement. The defendant, Syntel, Inc., c...   MORE>>

The Petroleum Marketing Practices Act (PMPA or Act),92 Stat. 322, 15 U. S. C. §2801 et seq., limits the circumstances in which petroleum franchisors may “terminate” a franchise or “fail to renew” a franchise relationship.§2802. In these consolidated cases, service-station franchisees broug...   MORE>>

Although set against the complicated regulatory framework of federal energy law, at the end of the day, this petition for review of Federal Energy Regulatory Commission (FERC) orders requires only our straightforward application of the plain terms of a written contract. The question is whether FERC ...   MORE>>

Carol Jones filed a claim for long term benefits under the group disability insurance policy issued to her employer by an affiliate of Unum Provident Corporation (“Unum”). After Unum denied the claim and Jones’s appeal, she commenced this action for wrongful denial of benefits under the Employ...   MORE>>

The dispute in this case arises from Pro-Med Clinical Systems, LLC’s (“Pro-Med”) use of Pro-Med Maximus, paper templates designed to capture a physician-patient encounter, and the electronic version of that product developed by Pro-Med. Utopia Provider Systems, Inc. (“Utopia”) alleges that...   MORE>>

Appellant Versai Management Corporation (Versai) appeals the district court’s grant of summary judgment in favor of Appellees Clarendon America Insurance Company (Clarendon) and Employers Fire Insurance Co. (EFIC) on (1) Versai’s contract claims for unpaid insurance proceeds for property damage,...   MORE>>

This is an appeal from an order of the district court vacating an award of compensatory damages rendered by an arbitration panel adjudicating claims pursuant to the rules of the National Association of Securities Dealers ("NASD"). The award was in favor of three financial advisors, Appellants Thomas...   MORE>>

This appeal requires us to consider the applicability and enforceability of a "pay-when-paid" clause agreed to by the parties in this case. Specifically, we must decide whether certain provisions in a prime contract, which the general contractor and a subcontractor incorporated by reference into the...   MORE>>