News & Analysis as of

Breach of Contract Appeals Contract Disputes

Conn Kavanaugh

Recent Federal and State Decisions Clarify Business Litigation under Chapter 93A

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Here is a breakdown on how new Federal and State decisions clarify Massachusetts Chapter 93A Unfair and Deceptive Trade Practices Law in Business-to-Business Disputes - A flurry of judicial decisions in spring 2023 has...more

Verrill

Say What You Mean, Mean What You Say…Gorelick v. Star Markets: A Study in Indemnity

Verrill on

Indemnity clauses in contracts are a valuable tool for allocating risk among the contracting parties, most often risk attendant to personal injury and property damage, and their effect can be far-reaching. Despite their...more

Dorsey & Whitney LLP

The California Supreme Court (and Court of Appeal) - August 2, 2022

Dorsey & Whitney LLP on

We are spotlighting a published California Court of Appeal decision on rehearing for its analysis on contract and fraud claims arising out of a real estate transaction. The California Court of Appeal, Fourth Appellate...more

ArentFox Schiff

In Government Contracting Dispute, 11th Circuit Affirms $2M Verdict for Breach of Teaming Arrangement and Revives $100M Trade...

ArentFox Schiff on

Last week, the US Court of Appeals for the Eleventh Circuit affirmed a $2 million jury verdict against Boeing in a breach of contract suit by Alabama Aircraft Industries, Inc. (AAI), a former government contracting partner,...more

BCLP

Scottish appeal court says NEC is not a charter for contract breaking

BCLP on

The September 2020 decision by the Scottish Court of Session in Van Oord UK v. Dragados UK [2020] CSOH 87, which has now been appealed. The dispute centred on the ability of Aberdeen Harbour expansion main contractor Dragados...more

Smith Anderson

4th Circuit Blocked Future Litigation on a Related Issue on U.S. Navy Contract

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Fourth Circuit decision reminds litigants that settlement agreements can have far-reaching effects on the relationship between the parties. A recent decision of the U.S. Court of Appeals for the Fourth Circuit addressed...more

Patton Sullivan Brodehl LLP

Attorney Fee Recovery by Third Parties Dragged into Commercial Lease Disputes

Commercial leases often contain attorney fee provisions allowing a party who prevails in litigation to recover attorney fees from the losing party. Can those attorney fee provisions apply to third parties — outsiders to...more

Goodwin

Litigation Insights - July 2021

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FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more

Sunstein LLP

Federal Circuit Reverses US Navy’s Short-Lived Avoidance of Software Piracy Claim

Sunstein LLP on

In 2016, the German software company Bitmanagement Software GMBH brought a headline-grabbing lawsuit against the Navy for copyright infringement, claiming among other things that the Navy unlawfully copied a limited 38-seat...more

Holland & Knight LLP

Southern District of New York Holds COVID-19 Pandemic Constitutes a Natural Disaster

Holland & Knight LLP on

"It cannot be seriously disputed that the COVID-19 pandemic is a natural disaster." This seemingly straightforward conclusion has only been reached in a small number of reported court decisions since the start of the...more

Foley Hoag LLP

Product Liability Update - August 2020

Foley Hoag LLP on

Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Goodwin

No License, No Chips, No Problem: Ninth Circuit Delivers Qualcomm a Win in Antitrust Case Brought by the US Federal Trade...

Goodwin on

In a much anticipated opinion, the U.S. Court of Appeals for the Ninth Circuit reversed a California district court decision holding that Qualcomm violated U.S. antitrust laws in its licensing of standard-essential patents in...more

Gray Reed

“No Obligation” Clause Dooms Oil and Gas Asset Bid

Gray Reed on

In Chalker Energy Partners III LLC v. LeNorman Operating LLC, the Texas Supreme Court reaffirmed its belief in the sanctity of the written contract and the freedom of parties to negotiate and agree to contracts as they...more

A&O Shearman

Practical completion: Court of Appeal provides general guidance

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A clause stating that a reduction in room size by more than 3% would be “deemed material” related only to the materiality of the variation from the contract drawings, rather than the materiality of the resulting breach of...more

Bilzin Sumberg

New Second Circuit Statute of Limitations Ruling A Benefit to Loan Originators, Brokers

Bilzin Sumberg on

As originators and brokers of mortgage loans continue to get served with new lawsuits (or threatened with potential suits) related to loans that they conveyed to aggregators prior to the financial crisis of 2008, questions...more

Bradley Arant Boult Cummings LLP

Failure by Injured Party to Take Reasonable Action May Limit Recovery - Construction and Procurement Law News, Q2 2018

There are instances where a party’s breach of the construction contract is undisputed. However, the amount of recoverable damages often hinges on the injured party’s own conduct both during and following that breach. The...more

Polsinelli

Missouri Appellate Court Explores Legal Remedies after Failed Business Purchase, Joins the Trend of State Court Exploring the...

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A recent court case from Missouri’s Eastern District Court of Appeals provides insight on the intersection of declaratory judgments, legal damages, and equitable relief, particularly in disputes over complicated business...more

Troutman Pepper

Supreme Court Of North Dakota: Where Contract Provided That Either Party Could Cancel Upon 30 Days’ Notice, The Non-Breaching...

Troutman Pepper on

Cont’l Res. v. P&P Indus., LLC, 2018 N.D. Lexis 20 (January 22, 2018) - In 2013, Continental Resources Inc. (“Continental”), an oil producer doing business in North Dakota, entered into a master servicing agreement,...more

Farrell Fritz, P.C.

When Does Intentional Wrongdoing Render a “Limitation of Liability” Clause Unenforceable?

Farrell Fritz, P.C. on

That was the issue presented to the Appellate Division, First Department in Electron Trading, LLC v. Morgan Stanley & Co. LLC, which was an appeal from the grant of defendant’s motion to dismiss a contractual claim seeking...more

Troutman Pepper

Texas Court of Appeals Holds That Owner’s Change to Contractor’s Means and Methods Resulted in a “Breach,” Instead of a “Change”...

Troutman Pepper on

Port of Houston Auth. of Harris Cnty. v. Zachry Constr. Corp., 2016 Tex. App. LEXIS 13306 (Tex. App. Houston 14th Dist. Dec. 15, 2016) - This contract dispute dates back to 2004, when the Port of Houston Authority...more

A&O Shearman

Procuring a breach of contract - loss of chance damages

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Anthony McGill v The Sports and Entertainment Media Group & ors [2016] EWCA Civ 1063, 4 November 2016 - The Court of Appeal has held that a football agent could recover damages on a loss of chance basis from a rival...more

Morgan Lewis

The Enforceability of Anti-Oral Variation Clauses

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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

A&O Shearman

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

A&O Shearman on

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

Dechert LLP

Things Are Not Always What They Appear in UK Commercial Contracts

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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

Burns & Levinson LLP

Leading Cases on Chapter 93A

Burns & Levinson LLP on

Nearly all business disputes in Massachusetts are governed by Chapter 93A. The winning plaintiff under Chapter 93A is entitled to an automatic award of its attorney's fees, and may be awarded up to three times its actual...more

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