Homebuilder Series Webinar: Protecting Your Company From Misrepresentation Claims Through Contractual Exculpatory Clauses
What is Wrongful Termination in Arizona?
On Wednesday, February 25, 2015, the U.S. Court of Appeals for the Third Circuit issued its opinion in Frank B. Fuhrer Wholesale Co. v. MillerCoors LLC, No. 14-1008 (3d Cir. 2015), finding in favor of MillerCoors LLC...more
If you asked me to list my favorite torts, tortious interference with prospective economic advantage would be near the bottom of the list.
But that tort was front and center in Judge McGuire's Opinion in KRG New Hill...more
Watch an in-depth Bilzin Sumberg Homebuilder Series webinar that discusses protecting your company from misrepresentation claims through contractual exculpatory clauses.
This seminar discusses the case of Duggan, LLC v....more
U.W. Marx, Inc. v. Koko Contracting, Inc., No. 518611, 2015 N.Y. App. Div. LEXIS 600 (N.Y. App. Div. Jan. 22, 2015) -
The Appellate Division of the Supreme Court of New York affirmed judgment in favor of a...more
In a case on which we previously reported, the Third Circuit recently evaluated the legal standard for determining materiality in a claim for rescission of an insurance contract. The case involved a dispute between two...more
Remember the evil Glenn Close character in Fatal Attraction? We were sure Michael Douglas had drowned her in the bathtub, but she popped up again, still alive and scary as all get-out.
Class actions by uninsured...more
In Hegel v. The First Liberty Insurance Corporation, 2015 U.S. App. Lexis 3024 (11th Cir. Feb. 27, 2015), the Eleventh Circuit reversed summary judgment in favor of the homeowners because the trial court applied an improper...more
What’s the latest news on Arizona’s civil defense verdicts? Here are some interesting defense verdicts from 2014:
- Steak Out Restaurant & Saloon, L.L.C. et al. v. Old Lobos T&T, L.L.C. et al. Steak Out Restaurant...more
Klipper Constr. Assocs., Inc. v. Warwick Twp. Water and Sewer Auth., 2014 Pa. Commw. Unpub. LEXIS 718 (Pa. Commw. Ct. Dec. 16, 2014) -
Warwick Township Water and Sewer Authority (“Owner”) hired Carroll Engineering...more
The seven cases include issues about the following topics:
- breach-of-contract issues under a gas-purchase agreement
- applicability of the open-records laws to a nonprofit entity
The right to enforce a covenant not to compete may be lost when the employer first violates the terms of the same agreement, says a New York appeals court. In Fewer v. GFI Grp. Inc. et al., 124 A.D.3d 457, 2015 WL 176227...more
District court dismisses breach of contract and breach of guaranty claims against Warner Bros. based on Oscar-winning motion picture Gravity, holding that plaintiff Terry Gerritsen, author of novel by same name, failed to...more
Earlier this month, U.S. District Judge John E. Jones III in the Middle District of Pennsylvania completely adopted the “extremely thorough, well-reasoned” recommendations of a U.S. Magistrate Judge and dismissed almost all...more
Sure, there are lots of viral YouTube videos. There’s Katy Perry’s left shark, the owls dance off and of course the kitten sup-purr bowl, but it might surprise you to learn that YouTube removed a video for being too...more
The temptation happens often: the deal is done, the ink is dry, the contract is finalized…then someone gets cold feet. Buyers don’t want to buy, sellers don’t want to sell, money gets tight, titles can’t be delivered, etc....more
From Minnesota comes a delicious reminder that the protection of trade secrets requires consideration of a company’s entire intellectual property strategy. Without such a comprehensive strategy, in the most prosaic of terms,...more
In its recent decision in Spandex House, Inc. v. Travelers Property Cas. Co. of America, Inc., 2015 U.S. Dist. LEXIS 14667 (S.D.N.Y. Feb. 6, 2015), the United States District Court for the Southern District of New York had...more
No project is truly complete before one party accuses the other of “breach of contract”.
Often the initial accusation is an attempt to scare the other party into action, to compel it to perform to the word of the...more
Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more
International companies with operations in France, or those that conduct regular business with French commercial partners, should be aware that their longtime French commercial partners could be entitled to claim compensation...more
In lawsuit brought by family of guitarist Randy Rhoads against writer and publisher of his biography, California appellate court affirms lower court denial of anti-SLAPP motion as it relates to family's breach of contract...more
Armstrong Pump, Inc. v. Hartman, 2014 WL 6908867 (W.D.N.Y. Dec. 9, 2014).
In this patent case, the plaintiff claimed that the defendants breached their license agreement. The defendants had previously filed a motion to...more
On Dec. 3, 2014, the Division of Enforcement of the U.S. Securities and Exchange Commission brought an enforcement action against two former top executives of Assisted Living Concepts LLC, a large provider of senior living...more
Recently, the Supreme Court of Texas examined whether a buyer of used goods may assert claims based on the implied warranty of merchantability. See MAN Engine & Components, Inc. v. Shows, 434 S.W.3d 132 (Tex. 2014). ...more
In order to obtain a an injunction under federal law, the moving party has to show each of the following...
(i) It has a likelihood of success on the merits of its claim.
(ii) Without injunctive relief, it would...more
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