News & Analysis as of

Bad Faith Abuse of Discretion

Moritt Hock & Hamroff LLP

Remedies for Refusing to Consummate a Settlement Agreement Reached at Mediation

Raising an allegation that a party has not participated in the mediation process in good faith has historically been a sensitive hot-button issue for mediators, parties, and even the courts. In fact, even on occasions where...more

Husch Blackwell LLP

Terminations For Convenience Clauses vs. Mutual Termination Clauses: What Are The Limits On The Government’s Right To Terminate?

Husch Blackwell LLP on

Imagine as a supplier of medical oxygen cylinders and tanks in your region, you enter into an arrangement with HHS or DHS to provide oxygen to nearby hospital facilities dealing with surges in the COVID-19 pandemic. However,...more

Pillsbury Winthrop Shaw Pittman LLP

Can the Government Terminate a Contract for Convenience When It Does Not Actually Terminate the Contract for Convenience?

Court of Federal Claims rules that the government “constructively” terminated a contractor for convenience when it did not order the quantities specified in the contract. The “constructive termination for convenience”...more

Knobbe Martens

Gust, Inc. v. Alphacap Ventures LLC

Knobbe Martens on

Federal Circuit Summary - Before Wallach, Linn and Hughes. Appeal from the United States District Court for the Southern District of New York. Summary: In determining whether to award sanctions under 28 U.S.C. § 1927,...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2018

Gust, Inc. v. AlphaCap Ventures, LLC, Appeal No. 2017-2414 (Fed. Cir. Sept. 28, 2018) In an appeal from a district court decision awarding fees pursuant to 28 U.S.C. § 1927, the Federal Circuit reversed. The decision makes...more

Jaburg Wilk

Arizona Reverses Award of Punitive Damages in Bad Faith Case Again

Jaburg Wilk on

The Holding - In Preciado v.Young American Insurnace Company, 2017 WL 2805631 ( Ariz.App . June 29, 2017) (unpublished), the Arizona Court of Appeals held the trial court erroneously failed to grant an Insurer’s motion for...more

Schwabe, Williamson & Wyatt PC

Supreme Court and Precedential Federal Circuit Patent Cases

In SCA v. First Quality Baby Products, the Supreme Court holds that laches should not be available as a defense in patent cases, refusing to concur with the Circuit’s en banc holding that the Patent Act’s 6-year limitation on...more

Seyfarth Shaw LLP

Bad Faith Bargainer Beware: D.C. Circuit Enforces Award of Negotiation Costs

Seyfarth Shaw LLP on

Last year the NLRB demonstrated an increased willingness to award negotiation costs as a remedy for bad faith bargaining in cases that are far less egregious than those where the remedy historically was given. Hospital of...more

Saul Ewing Arnstein & Lehr LLP

Court of Appeals of New Mexico Reverses Bad Faith Judgment for Insured and Remands for New Trial on Bad Faith Claim

Progressive Casualty Ins. Co. v. Vigil, No. 32,171 (N.M. Ct. App. Jan. 21, 2015). Court of Appeals of New Mexico rules that district court abused its discretion in excluding evidence of previous coverage ruling in...more

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