Legal Opinion

Wyler Summit Partnership, a Partnership v. Turner Broadcasting System, Inc., a Georgia Corporation Turner Entertainment Co., a Georgia Corporation

Court of Appeals for the Ninth Circuit

Decided December 7, 2000No. 99-15773PublishedCited by 55 opinions

1Opinion of the Court

ORDER

The opinion filed October 26, 2000, is hereby amended as follows:

The slip opinion at 13486, lines 1-2, after the sentence that reads: “Because waiver is an equitable doctrine, Turner argues, the ‘gist’ of Wyler Summit’s claim is equitable.”

[ADD TWO NEW PARAGRAPHS ]:

Initially, Turner points to some 19th century California cases involving issues of waiver, and argues that because those cases were tried in courts of equity, any time a plaintiff relies on waiver as a basis for relief, the action must be equitable. The problem with Turner’s argument is that the cases it identifies sought…

2Cases cited24 opinions

  1. Patrick James Jeffries v. Tana Wood, SuperintendentCourt of Appeals for the Ninth Circuit · 1997
  2. Ryan Operations G.P., a Virginia General Partnership and Nvr, L.P., a Virginia Limited Partnership, on Behalf of Its Division, Nvr Building Products Co. v. Santiam-Midwest Lumber Co., an Oregon Corporation Furman Lumber, Inc., a Massachusetts Corporation Bright Wood Corp., an Oregon Corporation. Bright Wood Corp., Third Party v. Forrest Paint Co., Inc., an Oregon Corporation Guardsman Products, Inc., a Delaware Corporation, Third Party Ryan Operations G.P. And Nvr, L.P. And Its Division, Nvr Building Products Co.Court of Appeals for the Third Circuit · 1996
  3. Louis Eugene Russell v. Tom Rolfs, SuperintendentCourt of Appeals for the Ninth Circuit · 1990
  4. In Re Rainbow Magazine, Inc., Debtor. Craig E. Caldwell v. Unified Capital Corp.Court of Appeals for the Ninth Circuit · 1996
  5. Milgard Tempering, Inc., Plaintiff-Appellee/cross-Appellant v. Selas Corporation of America, a Foreign Corporation, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Ninth Circuit · 1990

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3Cited by55 opinions

  1. Jarrow Formulas, Inc. v. Nutrition Now, Inc.Court of Appeals for the Ninth Circuit · 2002
  2. Cox v. Ocean View Hotel Corp.Court of Appeals for the Ninth Circuit · 2008
  3. In Re Thomas R. Beaty and Nancy Z. Beaty, Debtors, Thomas R. Beaty v. David SelingerCourt of Appeals for the Ninth Circuit · 2002
  4. Milton H. Greene Archives, Inc. v. Marilyn Monroe LLCCourt of Appeals for the Ninth Circuit · 2012
  5. Procter & Gamble Co. v. HaugenCourt of Appeals for the Tenth Circuit · 2003

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