Breach of Contract Declaratory Judgments

News & Analysis as of

Eighth Circuit Holds Insureds’ Miller-Shugart Agreement Breached Policy’s Cooperation Clause

In its recent decision in American Family Mut. Ins. Co. v. Donaldson, 2016 U.S. App. LEXIS 7499 (8th Cir. Apr. 26, 2016), the United States Court of Appeals for the Eighth Circuit, applying Minnesota law, had occasion to...more

Can Resolving a Legal Claim Be an Unfair Trade Practice?

A recent federal decision considers how N.C. Gen. Stat. § 75-1.1 applies when a plaintiff attacks the resolution of a legal claim. The decision might create a new categorical limit on direct-unfairness claims under section...more

He’s got 99 Problems, But a Breach Might Be One

In the wake of 2016, Jay-Z faces an $18 million lawsuit for his failure to publicly appear and promote his signature fragrance line, as he was contractually obligated. 2009 marked the start of a budding licensing relationship...more

New York Rescission Law Strikes Again: Lessons Learned From the Voiding of Heinz’s Product Contamination Insurance Policy

An increasingly popular tool in the insurer’s toolset is attempted rescission of the policy. This tool is particularly sharp if the law applicable to the construction of the policy is that of New York. Earlier this week, the...more

PECO Logistics, LLC v. Walnut Investment Partners, L.P., et al., C.A. No. 9978-CB (Del. Ch. Dec. 30, 2015) (Bouchard, C.)

In this opinion, the Court of Chancery resolved a dispute regarding a put right in an LLC agreement between PECO Logistics, LLC (“PECO”), a Delaware limited liability company, and two of its preferred equity holders, Walnut...more

Connecticut Federal Court Grants Reinsurer’s Motion For Summary Judgment, Entitling It To Commission Adjustment Payments

In a diversity action arising out of a series of reinsurance agreements, a reinsurer, Odyssey Reinsurance Company, alleged that it was owed sliding scale commission adjustment payments from Cal-Regent Insurance Services...more

Third Time’s A Charm? Court Denies Motion to Dismiss and Anti-SLAPP Motion

Order Denying Defendants’ Motion to Dismiss and Anti-SLAPP Motion to Strike, Sonus Networks, Inc. v. Inventegry, Inc., C-15-0322 EMC (Judge Edward Chen) - Patent licensing company Inventegry, Inc. recently suffered some...more

Ninth Circuit Affirms Judge Robart’s RAND Decision (Microsoft V. Motorola)

Yesterday, the Ninth Circuit court of appeals issued a decision affirming Judge Robart’s RAND decision in the much watched Microsoft v. Motorola case, basically ruling that the determination of a reasonable and...more

Spoliation: How to Stop Trouble from Brewing

When a business is faced with the potential for litigation, it is imperative that all evidence be preserved to avoid the dreaded “s” word: spoliation. Starbucks Corporation recently learned this lesson the hard way when a...more

June Court Decision Round-Up

JDS Technologies, Inc. v. Avigilon USA Corp., Case No. 15-10385, 2015 WL 3603525 (E.D. Mich. June 5, 2015) - U.S. District Judge Avern Cohn denied Avigilon’s motion to dismiss for failing to adequately plead allegations...more

Indiana Court Nixes Requests for Reinsurance and Reserves

Early last month a federal court in Indianapolis barred a policyholder from seeking the claims and underwriting files of the defendant carrier’s reinsurer in Indianapolis Airport Auth. v. Travelers Property Cas. Co. of Amer.,...more

Lehman Brothers Holdings Inc. v. Spanish Broadcasting Sys., Inc., Consol. C.A. No. 8321-VCG (Del. Ch. Feb. 25, 2014) (Glasscock,...

In this memorandum opinion, the Court of Chancery held that preferred stockholders of Spanish Broadcasting System, Inc. (“SBS” or the “Company”) had acquiesced to the Company’s incurrence of additional debt while a dividend...more

Delaware Chancery Court Strengthens First-Filed Action Rule

The Delaware Court of Chancery recently stayed a Delaware action in favor of an earlier-filed Texas case because they dealt with substantially similar facts, even where the two lawsuits did not contain identical claims. The...more

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