Law School Case Briefs
Start by searching for a case name or citation above.
Discover a Random Brief
In Re Exide Technologies
Court of Appeals for the Third Circuit (2010) | 607 F.3d 957; 2010 WL 2163190
TL;DR: A debtor in bankruptcy sought to reject a trademark license agreement to reclaim a trademark it had sold. The court held the agreement was not an executory contract subject to rejection because the licensee had already substantially performed its obligations by paying the full purchase price.
Legal Significance: This case clarifies that under § 365 of the Bankruptcy Code, a contract is not executory if one party has substantially performed its material obligations, even if minor contractual duties remain. It prevents debtors from unwinding deals where they have already received the primary benefit.