Employers: Read and understand your employment agreements with your employees, and don't assume you have contractual rights that are not spelled out in the agreements. ...more
In July of 2012, the Federal Circuit largely affirmed a decision by the CFC to award over $10.6 million in breach of contract damages stemming from the Government’s failure to accept spent nuclear fuel from the owners of the...more
On certification from the U.S. District Court for the Northern District of Alabama, the Supreme Court of Connecticut recently issued an opinion holding that an insurer’s bad faith conduct in the investigation of a third-party...more
On May 31, Judge John G. Koeltl of the United States District Court for the Southern District of New York granted in part and denied in part a motion to dismiss claims brought against U.S. Bank National Association (U.S....more
After the former front man for late-60s and 70s supergroup Sly and the Family Stone sued his former manager for tricking him into signing away his royalty rights, the manager is now putting Stone’s production companies into...more
On June 6, for the first time, the Florida Supreme Court approved standard jury instructions for use in contract and business litigation. ...more
Defenses based upon a patentee’s failure to provide reasonable and non-discriminatory (RAND) license terms are becoming a bigger issue and more common as more patentees sue companies on patents they claim are essential to...more
In a recent case before the Delaware Supreme Court, SigaTechnologies v. PharmAthene, the court upheld a Delaware Chancery Court’s ruling that an express agreement between parties to negotiate in good faith, even if the...more
ROM Reinsurance Mgt. Co. v. Continental Ins. Co., No. 654480/12 (N.Y. Sup. Ct. Mar. 22, 2013). A New York motion court was presented with a petition to stay arbitration, based on the statute of limitations, of certain...more
This case involved the unusual situation of a dual proceeding in the Court of Chancery and the Superior Court. In the Chancery action, the Sellers of Iron Data Solutions, LLC (“Iron Data”) sought to compel disbursement of...more
In this memorandum opinion, the Court of Chancery awarded the plaintiff substantial payments, pre-judgment interest and attorneys’ fees and costs. Plaintiffs, entities that managed and invested in a fund that owned...more
In most states, including Michigan, the duty to defend is not limited to the four corners of the complaint and the insurer must look behind the allegations asserted against the insured to determine whether there is a...more
In Kasten Energy Inc. v. Shamrock Oil & Gas Ltd., 2013 ABQB 63, the Alberta Court of Queen’s Bench considered the application of Kasten Energy Inc. (“Kasten”) to appoint a receiver over all of the assets and undertakings of...more
In 2006 Indiana awarded IBM a contract for more than $1 billion to modernize Indiana's welfare case management system and manage and process the State of Indiana's applications for food stamps, Medicaid and other welfare...more
This week, two New York trial court justices issued diverging opinions on when the statute of limitations begins to run on claims related to the repurchase obligations of securitizers under certain MBS pooling and servicing...more
In the past few months, two federal appellate courts have had to determine whether parties were bound to arbitrate claims that arose from relationships governed by multiple agreements, only some of which called for...more
In 2007, the U.S. Court of Federal Claims awarded First Annapolis Bancorp $13,665,907 in restitution damages for breach of contract in First Annapolis Bancorp v. United States, 75 Fed. Cl. 263. That case arose out of the...more
Travelers Property Cas. Co. of America v. Superior Court of California, County of Los Angeles - Court of Appeal, Second District (April 17, 2013) - Most insurers do not like to insure empty buildings. Consequently,...more
In 2008, the Sonoma County Board of Supervisors (“County”) acted to cap the county’s contributions for health care benefits for retired employees at $500 per month. The Sonoma County Association of Retired Employees...more
When you purchase an insurance policy and pay your monthly premiums, you expect your insurer to honor claims when you suffer a loss. One of insurance’s greatest benefits is supposed to be the peace of mind it purchases — the...more
On April 15, 2013, the Supreme Court of the State of New York, County of New York, granted the insured’s request for the production of certain claims file material and previously sealed discovery in Estée Lauder Inc. v....more
Two recent cases have highlighted circumstances in which damages for breach of contract may include loss caused by a fall in market values....more
On May 6, monoline insurer MBIA announced that it had reached a $1.7 billion settlement with Bank of America in connection with alleged fraud and breach of contract claims related to Countrywide-issued mortgage-backed...more
Welcome to our Supreme and Appellate Court summaries webpage. On this page, I provide abbreviated summaries of decisions from the Connecticut appellate courts which highlight important issues and developments in Connecticut...more
Dunn v. DreamWorks Animation SKG, Inc., California Court of Appeal, April 30, 2013 (unpublished opinion) - California Court of Appeal affirms judgment in favor of defendant DreamWorks Animation on plaintiff’s breach of...more
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