Legal Opinion
Advent Systems Limited, in No. 90-1069 v. Unisys Corporation, in No. 90-1070
Court of Appeals for the Third Circuit
Decided March 18, 1991No. 90-1069, 90-1070PublishedCited by 125 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
In this diversity case we conclude that computer software is a good within the Uniform Commercial Code; in the circumstances here a non-exclusive requirements contract complies with the statute of frauds; and expert testimony on future lost profits based on prior projections is suspect when actual market performance data are available. Because the district court ruled that the Code did not apply, we will grant a new trial on a breach of contract claim. We also decide that a parent corporation is privileged in disrupting prospective contractual…
2Cases cited37 opinions
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Thompson Coal Co. v. Pike Coal Co.Supreme Court of Pennsylvania · 1979
- In re Japanese Electronic Products Antitrust LitigationCourt of Appeals for the Third Circuit · 1983
- Delahanty v. First Pennsylvania Bank, N.A.Supreme Court of Pennsylvania · 1984
- Apple Computer, Inc., a California Corporation v. Franklin Computer Corporation, a Pennsylvania CorporationCourt of Appeals for the Third Circuit · 1983
32 more not listed; retrieve them via the Exa API.
3Cited by125 opinions
- Lillian Kachmar v. Sungard Data Systems, Inc. Lawrence A. Gross Donna J. PedrickCourt of Appeals for the Third Circuit · 1997
- Hou-Tex, Inc. v. Landmark Graphics, Texas Court of Appeals, 14th District (Houston)2000
- Tunis Bros. v. Ford Motor Co.Court of Appeals for the Third Circuit · 1991
- Midnight Sessions, Ltd. v. City of PhiladelphiaCourt of Appeals for the Third Circuit · 1991
- Step-Saver Data Systems, Inc. v. Wyse Technology and the Software Link, IncCourt of Appeals for the Third Circuit · 1991
120 more not listed; retrieve them via the Exa API.