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Case Summaries

Admiralty

[02/06] Mediterranean Shipping Co. v. Best Tire Recycling, Inc.
In a dispute arising out of a contract for the shipment of used tires from Puerto Rico to Vietnam, which accrued demurrage charges, port storage charges, and related administrative fees, apparently because it arrived late to Vietnam, the district court finding that defendant was the shipper, and therefore, pursuant to the bills of lading, was liable for the charges and fees to the carrier, is affirmed where was designated as the shipper on the bills of lading.

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Class Actions

[05/24] Resh v. China Agritech, Inc.
In a putative class action alleging that defendant and its managers and directors violated the Securities Exchange Act of 1934, the district court's order of dismissal as untimely is reversed and remanded for further proceedings where the district court's invitation to file a complaint in a separate individual suit does not render non-appealable the district court's dismissal of the class action complaint.

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Commercial Law

[05/04] G & W Warren's, Inc. v. Dabney
In a case concerning the scope of a guaranty given to secure a buyer's obligations under a master agreement and various subsidiary agreements involving the purchase and sale of a motorcycle dealership and the circumstances under which the liability of the guarantor, by virtue of subsequent actions by the seller, may be exonerated, the trial court's judgment is reversed where the court erred in concluding that defendant was liable under the Guaranty for Assignee's obligations under the covenant not to compete and two consulting agreements.

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