Wednesday, March 04, 2015

Fourth Circuit: Covol Fuels No. 4, LLC v. Pinnacle Mining Company, LLC

Breach of Contract and Tort claims in environmental cleanup.

Genuine dispute of material fact as to ambiguous contractual term.

Documents other than the contract not relevant, as not explicitly incorporated.

Error to give summary judgment on breach of covenant of good faith and fair dealing claim.

Gist of the action doctrine bars reproducing contract claims as tort claims.

Covol Fuels No. 4, LLC v. Pinnacle Mining Company, LLC 
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.