Breach of Contract Appeals

News & Analysis as of

Seventh Circuit Affirms Service Of Suit Clause In Reinsurance Treaties And Grants Cedent Absolute Right To Select Forum

Based on the plain and ordinary meaning of the service of suit clause, the Seventh Circuit Court of Appeals found a reinsurer waived its right of removal. The service of suit clause provided...more

WTO Panel Report: Russia – Pigs (EU)

Decision: A WTO Panel has ruled that the Russian Federation violated its WTO obligations by imposing an EU-wide ban on live pigs and pork products, in breach of the food safety rules of the WTO Agreement on the...more

Texas Appellate Court Affirms Injunctive Relief and $2.8 Million Award in Attorney’s Fees Against Former Employee in Trade Secret...

A Texas Court of Appeals held on August 22, 2016, that a former employer was entitled to $2.8 million in attorney’s fees against a former employee who used the employer’s information to compete against it. The Court reached...more

Litigation Alert: The Eighth Circuit Expands Standing to Sue for Violations of Privacy Policies for Paid Services

Earlier this month, the Eighth Circuit expanded standing to bring privacy policy violations claims but limited the definition of personal information in affirming the dismissal of a class action complaint in Carlsen v....more

New Jersey Supreme Court Affirms General Contractor’s Insurance Coverage for Consequential Damages Caused by a Subcontractor’s...

In an important recent decision, New Jersey joined a growing number of states holding that Insurance Services Office’s (ISO) 1986 comprehensive general liability (CGL) policy extends coverage to a property developer faced...more

Florida’s Fifth District Allows Evidence of Prior Sinkhole Insurance Settlement in Subsequent Sinkhole Trial

In Tower Hill Signature Ins. v. Speck, 2016 Fla. App. LEXIS 12167 (Fla. Dist. Ct. App. 5th Dist. Aug. 12, 2016), the Fifth District found the trial court abused its discretion by not admitting into evidence the amount of a...more

CDX Holdings, Inc. (f.k.a. Caris Life Sciences, Inc.) v. Kurt Fox, No. 526, 2015 (Del. June 6, 2016) (Holland, J)

In this split decision, a 4-1 majority of the Delaware Supreme Court affirmed the Court of Chancery’s post-trial ruling that Caris Life Sciences’ (“Caris” or the “Company”) board of directors (the “Board”) breached a stock...more

Eleventh Circuits Affirms Summary Judgment in Favor of Insurer Based on Homeowners Failure to Cooperate with the Insurer’s...

In Hsu v. Safeco Ins. Co. of Ind., 2016 U.S. Dist. LEXIS 12407 (11th Cir. 2016), the Eleventh Circuit affirmed summary judgment in favor of Safeco Insurance Company of Indiana (“Safeco”), finding that the homeowner breached...more

Forgery May Not Constitute “Theft” Under an Employee Dishonesty Coverage

Ruling in favor of the insurer on a motion for summary judgment, on July 29, 2016 the Fifth Circuit Court of Appeals held that under the terms of a commercial crime policy, proof of a forgery by the insured’s employee in...more

A Recent California Federal Court Decision Restores Coverage For Some Patent-Related Lawsuits

A California district court pushed back on the restrictive interpretation of a standard intellectual property exclusion and found coverage for a policyholder’s patent related lawsuit. The United States District Court...more

Court of Appeal rules on indefinite demurrage claims

MSC Mediterranean Shipping Company S.A. v. Cottonex Anstalt - [2015] EWHC 283 (Comm) - A Court of Appeal decision handed down on 27 July 2016 of this week ruled that demurrage on detained containers, which could not...more

Eighth Circuit Refuses to Open Golden Parachute for Bank Exec

A new decision from the Eighth Circuit Court of Appeals reaffirms the challenge presented by the Federal Deposit Insurance Corporation (FDIC) "golden parachute" prohibitions for boards of directors of banks in "troubled...more

The Enforceability of Anti-Oral Variation Clauses

A recent ruling sets a precedent that no longer allows a contractual clause that purports to preclude variation other than in writing to be regarded as uniformly enforceable. In a recent case concerning the breach of an...more

Contract formation – prescribed mode of acceptance can be waived by conduct

In Reveille Independent LLC v Anotech International (UK) Ltd [2016] EWCA Civ 443 the Court of Appeal ruled that a binding contract can be made by the parties' conduct even when a written 'Deal Memo' stated that it was not...more

Texas Court of Appeals: Parties Cannot Recover Statutory Attorney's Fees from an LLC for Breach of Contract Claims

A recent decision from the Texas Court of Appeals in Houston closes the door to the recovery of attorney's fees from limited liability companies under Chapter 38 of the Texas Civil Practice and Remedies Code, one of the few...more

Things Are Not Always What They Appear in UK Commercial Contracts

Anti-oral variation clauses do not prohibit oral variation. The Court of Appeal in Globe Motors Inc v TRW Lucas Variety Electric Steering Ltd (“Globe Motors”) recently provided much overdue clarification on the...more

Eighth Circuit Finds That Insurance Coverage Extends To Fraudulent Losses Caused By Computer Hacker

On May 20, 2016, the U.S. Court of Appeals for the Eighth Circuit affirmed breach-of-contract claims brought by Minnesota-based State Bank of Bellingham (“Bellingham Bank”) against BancInsure Inc. (“BancInsure”), an insurance...more

No Variation Clauses: Worth the Paper They're Written On?

In Globe Motors v TRW Lucas Varity Electric Steering, the English Court of Appeal has considered the effect of 'no variation' clauses that stipulate the formalities required for any subsequent amendment to the parties'...more

Defence & Indemnity - April 2016: V. SURETY AND BOND ISSUES

Liability of surety in Quebec under a labour and material payment bond consistent with common law principles L’Unique Assurances Générales inc., Appelante, c Échafauds Plus (Laval) inc., Intimée, 2015 QCCA 1725 [4174]...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19493 - Standard Oil of Connecticut, Inc. v. Administrator, Unemployment Compensation Act - SC19493 Dissent - Standard Oil of Connecticut, Inc. v. Administrator,...more

Appellate Court Notes

Appellate Court Advance Release Opinions: AC36726 - Schull v. Schull - Trial court properly refused to hold ex-husband in contempt for not paying 50 percent of child’s surgery per the original decree. The Trial...more

North Carolina Courts Are Forbidden To “Blue Pencil” An Unenforceable Non-Compete

Reversing a 2-1 decision of the North Carolina Court of Appeals, the state’s Supreme Court held unanimously that an assets purchase-and-sale contract containing an unreasonable territorial non-competition restriction is...more

Atlantique Productions S.A. v. ION Media Networks Inc. - USCA, Ninth Circuit, March 18, 2016

Ninth Circuit affirms ruling in favor of defendant ION Media Networks on French television producer’s claims for breach of contract, promissory estoppel and fraud, finding no contract existed because parties agreed to be...more

Mitigation and the assessment of damages on early redelivery – “The New Flamenco”

Mitigation and the assessment of damages on early redelivery – “The New Flamenco” - Assessing the level of damages recoverable following the early redelivery of a vessel under a time charter can be a complex area of law...more

The challenge of mitigating your losses where there is no available market – ‘The New Flamenco’

Mitigation of damage where there is no available market is a difficult area of law and can be challenging. As the Court of Appeal recognised recently in its judgment in The New Flamenco, “it is notoriously difficult to lay...more

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