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| Format Corp. v. Widewaters Prop. Dev. Corp., No. 05-1048,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 11, 2006, Filed
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Overview: In a contract dispute, the district court erroneously found the liquidated damages clause to be absurd and, hence, ambiguous. The instant court found that the liquidated damages clause was both facially unambiguous -- clearly limiting plaintiff's recovery to the deposit plus any fees already paid, and reasonable.
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| Warner v. Ross, No. 05-1014,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 11, 2006, Filed
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Overview: Summary judgment was properly granted to a dentist in a medical malpractice case because the two-year statute of limitations under 27 V.I. Code Ann. § 166d(a) (2005) had expired; the discovery rule did not apply since a patient had knowledge that something was wrong on the day of the procedure, and there was no fraudulent concealment.
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