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good faith and fair dealing
More than 10.000 documents for good faith and fair dealing
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Tendentious And Unresponsive: Three Illustrations. A. Revocation of Policies Assuring Job Security. B. Discharge in Violation of Public Policy. C. The Covenant of Good Faith and Fair Dealing. II. The Human Dimension.
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Farragut Mortgage Co. v. Arthur Andersen LLP A Massachusetts Superior Court found in Farragut Mortgage Co. v. Arthur Andersen LLP that a suit for unfair business practices in a contract for accounting services could be based on gross negligence. Farragut sued the firm for advising that pooling-of-assets treatment would be available in a proposed merger. Arthur Andersen argued that the suit should have been dismissed because it did not allege intentional misconduct. The court also refused to dismiss breach of good faith and fair dealing claims.
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Because the relationship between the parties was one of at-will employment, the defendant was entitled to summary judgment on the plaintiff's claims for breach of contract and breach of the covenants of good faith and fair dealing. Judgment affirmed.
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... when an employer violates a duty to exercise good faith and fair dealing with the employee. Though t...
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CONTRACTS summary judgment; de novo; interpretation of contract; contract construction; intent of the parties; unconscionable contract clause; procedural unconscionability; substantive unconscionability; implied covenant of good faith and fair dealing.
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At first blush, insurance may seem like a fairly narrow area on which to focus discussion about opinion testimony by expert witnesses. But since the insurance field itself is actually very broad, the presence or retention of expert witnesses figures prominently in the resolution of many insurance cases. Initially, this article addresses the threshold question of when an expert should be used in related insurance litigation. Assuming the decision to employ an expert, the article proceeds to discuss some of the sources available to locate experts, the qualifications necessary to support expert testimony on insurance issues, and the actual presentation of expert testimony in the insurance case. Currently, courts in most insurance-related cases will allow expert opinion testimony into evide...
... procedures for handling a claim" in a bad faith wrongful refusal to defend case.4. 2. "[T]he stand... company "constituted bad faith, unfair dealing and fraud and also that it violated various provis...'s level of familiarity with the standard of good faith and fair dealing applicable in the particula...
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Federal aviation law does not preempt a passenger's claim against an airline for a breach of the implied covenant of good faith and fair dealing, the 9th has ruled in reversing dismissal of a suit. The plaintiff was an active member of Northwest Airline's frequent flier program for several years until the airline revoked his membership. He filed suit, arguing that the airline revoked his membership arbitrarily because he complained too frequently about its service.
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In employment law cases, the power of the law extends far beyond the boundaries of written contracts. Although breach-of-contract claims remain common in the employment law context, there has been a spike in the number of cases in which a former employee alleges that a former employer broke the law even though there is no written contract in place to support that contention. In these cases, the key factor is the reasonable expectations of the parties, and not what the contract says. When an employee has a reasonable expectation of some benefit, that expectation may be enforceable in court. The Oregon Supreme Court has long held that the law imposes a duty of good faith and fair dealing in the performance of every contract. The purpose of the duty of good faith and fair dealing is to eff...
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Summary judgment; fraud; civil conspiracy; conversion; breach of contract; implied covenant of good faith and fair dealing; promissory estoppel.
