Legal Opinion
Southern Constructors Group, Inc. v. Dynalectric Company, Defendant-Third Party v. Allen R. Boudreaux, Third Party
Court of Appeals for the Third Circuit
Decided September 27, 1993No. 93-3252PublishedCited by 159 opinions
1Opinion of the Court
WIENER, Circuit Judge:
This ease illustrates the preclusive consequences flowing from failure to provide proper notice of a possible theory of recovery. Plaintiff-Appellant Southern Constructors Group, Inc. (“Southern”) sued Defendant-Appellee Dynalectric Company under various claims that were all predicated on the existence of a contract. The case was eventually submitted to arbitration. After receiving notice that the arbitration panel had failed to find a contract, Southern attempted to switch to a quasi-contract theory of recovery grounded in quantum meruit. The district court held that…
2Cases cited15 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Shearson/American Express Inc. v. McMahonSupreme Court of the United States · 1987
- John W. Dussouy, Jr. v. Gulf Coast Investment CorporationCourt of Appeals for the Fifth Circuit · 1981
- Sherman Simon, Jr., Individually and as Next Friend of His Minor Children, Peter Darnell Simon and Keenan Simon, Etc. v. United StatesCourt of Appeals for the Fifth Circuit · 1990
- Union Planters National Leasing, Inc. v. Roderick D. WoodsCourt of Appeals for the Fifth Circuit · 1982
10 more not listed; retrieve them via the Exa API.
3Cited by159 opinions
- Rosenzweig v. Azurix Corp.Court of Appeals for the Fifth Circuit · 2003
- Goldstein v. MCI WorldcomCourt of Appeals for the Fifth Circuit · 2003
- Rourke v. ThompsonCourt of Appeals for the Fifth Circuit · 1993
- Briddle v. ScottCourt of Appeals for the Fifth Circuit · 1995
- Old Republic Insurance Company v. Employers Reinsurance CorporationCourt of Appeals for the Seventh Circuit · 1998
154 more not listed; retrieve them via the Exa API.