39 Cited authorities

Hunt v. Cromartie
526 U.S. 541 (1999) Cited 2,990 times 1 Legal Analyses
Holding that the court must resolve all reasonable inferences and doubts in the nonmoving party's favor and construe all evidence in the light most favorable to the nonmoving party
Engalla v. Permanente Med. Grp., Inc.
15 Cal.4th 951 (Cal. 1997) Cited 1,218 times
Holding that a party's "course of delay" in performing the terms of the contract, when "unreasonable or undertaken in bad faith, may provide sufficient grounds" for a finding of waiver
City of Hope Nat. Medical Center v. Genentech, Inc.
43 Cal.4th 375 (Cal. 2008) Cited 400 times
Holding that when "ascertaining the intent of the parties at the time the contract was executed depends on the credibility of extrinsic evidence, that credibility determination and the interpretation of the contract are questions of fact that may properly be resolved by the jury"
Computer Associates Intern., Inc. v. Altai
982 F.2d 693 (2d Cir. 1992) Cited 513 times 3 Legal Analyses
Holding that an action "will not be saved from preemption by elements such as awareness or intent"
Saks v. Franklin Covey Co.
316 F.3d 337 (2d Cir. 2003) Cited 290 times
Holding that "ERISA preemption of state contract claims in a benefits-due action is an affirmative defense that is . . . subject to waiver, if not pleaded in the defendant's answer."
Three Boys Music Corporation v. Bolton, Page 477
212 F.3d 477 (9th Cir. 2000) Cited 284 times 5 Legal Analyses
Holding a composer, a music publisher, and a record company liable for infringement of plaintiff’s musical work
Morey v. Vannucci
64 Cal.App.4th 904 (Cal. Ct. App. 1998) Cited 286 times 1 Legal Analyses
Holding that the jury had to determine which conflicting evidence to believe before the court could interpret a disputed contract provision
Gates Rubber Co. v. Bando Chemical Industries, Ltd.
9 F.3d 823 (10th Cir. 1993) Cited 322 times 2 Legal Analyses
Holding trade secret misappropriation not preempted in case in which some of the defendants—former employees—had been in a confidential relationship, but at least one defendant—the corporation for which the other defendants now worked—had not
Satava v. Lowry
323 F.3d 805 (9th Cir. 2003) Cited 155 times 3 Legal Analyses
Holding that a sculpture of a jellyfish was not copyrightable
Litchfield v. Spielberg
736 F.2d 1352 (9th Cir. 1984) Cited 249 times 1 Legal Analyses
Holding that because the unfair competition and misrepresentation claims are "restatements of the copyright infringement claims, they are preempted by federal copyright law"
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 337,021 times 161 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 163,896 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 101 - Definitions
17 U.S.C. § 101 Cited 6,569 times 178 Legal Analyses
Recognizing the United States' adherence to provisions of the Berne Convention of 1886
Section 1641 - Whole of contract taken together
Cal. Civ. Code § 1641 Cited 1,253 times 1 Legal Analyses
Specifying that, when interpreting the language of a contract, the court should give effect to every provision
Section 3300 - Generally
Cal. Civ. Code § 3300 Cited 692 times 1 Legal Analyses
Noting the appropriate measure is "the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which, in the ordinary course of things, would be likely to result therefrom"
Section 1654 - Interpretation against party causing uncertainty
Cal. Civ. Code § 1654 Cited 680 times 2 Legal Analyses
Codifying the doctrine of contra proferentem
Section 1643 - Lawful, operative, definite, reasonable and capable of being carried into effect
Cal. Civ. Code § 1643 Cited 500 times 1 Legal Analyses
Instructing courts to adopt a "lawful" contract interpretation that is "capable of being carried into effect" when possible

Antonick v. Electronic Arts, Inc.,

39 Cited authorities

Holding that the court must resolve all reasonable inferences and doubts in the nonmoving party's favor and construe all evidence in the light most favorable to the nonmoving party

Holding that a party's "course of delay" in performing the terms of the contract, when "unreasonable or undertaken in bad faith, may provide sufficient grounds" for a finding of waiver

Holding that when "ascertaining the intent of the parties at the time the contract was executed depends on the credibility of extrinsic evidence, that credibility determination and the interpretation of the contract are questions of fact that may properly be resolved by the jury"

Holding that an action "will not be saved from preemption by elements such as awareness or intent"

Holding that "ERISA preemption of state contract claims in a benefits-due action is an affirmative defense that is . . . subject to waiver, if not pleaded in the defendant's answer."

Holding a composer, a music publisher, and a record company liable for infringement of plaintiff’s musical work

Holding that the jury had to determine which conflicting evidence to believe before the court could interpret a disputed contract provision

Holding trade secret misappropriation not preempted in case in which some of the defendants—former employees—had been in a confidential relationship, but at least one defendant—the corporation for which the other defendants now worked—had not

Holding that a sculpture of a jellyfish was not copyrightable

Holding that because the unfair competition and misrepresentation claims are "restatements of the copyright infringement claims, they are preempted by federal copyright law"

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Recognizing the United States' adherence to provisions of the Berne Convention of 1886

Specifying that, when interpreting the language of a contract, the court should give effect to every provision

Noting the appropriate measure is "the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which, in the ordinary course of things, would be likely to result therefrom"

Codifying the doctrine of contra proferentem

Instructing courts to adopt a "lawful" contract interpretation that is "capable of being carried into effect" when possible