TELUM, INC., ET AL.

v.

E. F. HUTTON CREDIT CORP.

Citator

Cited By

• Vista Ctr. Venture v. Unlike Anything, Inc., 603 So. 2d 576 (Fla. 5th DCA 1992)
  …rule 1.430(d) the trial court may order a jury trial upon its own motion. As in Florida, the federal courts enforce contractual waivers of trial by jury. See, e.g., Telum, Inc. v. E.F. Hutton Credit Corp., 859 F. 2d 835 (10th Cir.1988) cert. denied, 490 U.S. 1021, 109 S.Ct. 1745, 104 L.Ed.2d 182 (1989) (judgment entered after jury trial reversed and case remanded for new trial without a jury on issues arising from a lease agreement containing a waiver of jury trial); Leasing Service Corp. v. Crane, 804 F. 2d…

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• The Read Corp. & F.T. Read & Sons, Inc. v. Portec, Inc., 970 F.2d 816 (Fed. Cir. 1992)
  …USPQ2d 1337, 1351 (E.D.Mich.1987) (Damages only doubled because defendant “voluntarily ceased manufacture and sale of infringing systems during the pendency of this litigation....”), affd without opinion, 862 F. 2d 320 (Fed.Cir. 1988), cert, denied, 490 U.S. 1021 [109 S.Ct. 1746, 104 L.Ed.2d 183] (1989). (8) Defendant’s motivation for harm. American Safety Table Co. v. Schreiber, 415 F. 2d 373, 379, 163 USPQ 129,133 (2d Cir.1969) (“[Defendants’ infringing acts, although deliberate and with knowledge of plai…
• Ezekwo v. NYC Health & Hosps. Corp., 940 F.2d 775 (2d Cir. 1991)
  …y implied promise of continued employment has been made. Courts have accordingly been wary of the consequences that might arise if section 1983 were expanded to encompass substantially all public contract rights.” (citations omitted)), cert. denied, 490 U.S. 1021 (1989). It is just such expansion which concerns me today. It should be borne in mind that Ezekwo was not terminated from her position as an ophthalmology resident. Rather, she was simply not permitted to serve a four-month term as chief resident…