Legal Opinion

Dunbar Medical Systems Inc - Counter v. Gammex Inc, Formerly Known as Radiation Measurements Inc - Counter

Court of Appeals for the Fifth Circuit

Decided June 21, 2000No. 99-20274PublishedCited by 27 opinions

1Opinion of the Court

KING, Chief Judge:

Gammex Inc. appeals the district court’s entry of judgment on Dunbar Medical Systems Inc.’s fraudulent inducement claim, arguing that two clauses in the parties’ settlement agreement or Texas Rule of Civil Procedure 11 bar that claim. Gam-mex further contends that the court erred in finding that there was no intent to perform at the time the alleged misrepre sentations were made, in awarding punitive damages given the existence of contract language barring the recovery of such damages, in awarding punitive damages given the elements of fraud had not been proved by clear and…

2Cases cited30 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Formosa Plastics Corp. USA v. Presidio Engineers and Contractors, Inc.Texas Supreme Court · 1998
  3. Transportation Insurance Co. v. MorielTexas Supreme Court · 1994
  4. Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.Supreme Court of the United States · 1993
  5. T.O. Stanley Boot Co. v. Bank of El PasoTexas Supreme Court · 1993

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3Cited by27 opinions

  1. Canal Barge Company, Inc. v. Torco Oil Company Gulfstream Trading, Ltd. CompanyCourt of Appeals for the Fifth Circuit · 2000
  2. Robert B. Allen v. Devon Energy Holdings, L.L.C. F/K/A Chief Holdings, L.L.C, and Trevor D. Rees-Jones, Texas Court of Appeals, 1st District (Houston)2012
  3. Timegate Studios, Inc. v. Southpeak Interactive, L.L.C.Court of Appeals for the Fifth Circuit · 2013
  4. Payne v. United StatesCourt of Appeals for the Fifth Circuit · 2002
  5. Brumfield v. CainCourt of Appeals for the Fifth Circuit · 2015

22 more not listed; retrieve them via the Exa API.

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