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Common Law Claims Contract Terms

Akin Gump Strauss Hauer & Feld LLP

Contract Is (Still) King - Update on the UK Supreme Court’s Decision in RTI Ltd v MUR Shipping BV

Key Takeaways - In the words of the UK Supreme Court, the decision in RTI v MUR raised “fundamental points of principle” that could, in theory, apply to all force majeure clauses. Our top three takeaways are: Unlike the...more

Goulston & Storrs PC

Damage Mitigation Provisions

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Market Trends: What You Need to Know - As shown in the American Bar Association's Private Target Mergers and Acquisitions Deal Point Studies - Inclusion of damage mitigation provisions in merger and acquisition...more

Goulston & Storrs PC

Law of the Land – Real Estate Litigation Newsletter - February 2021, Volume 1, Issue VI

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CASES OF NOTE THE SECRET'S OUT Victoria’s Secret Stores, LLC v. Herald Store Owner LLC, 70 Misc. 3d 1206(A) (N.Y. Sup. Ct. Jan. 7, 2021) A New York court recently held that a retailer’s closure due to a state law imposed...more

Troutman Pepper

LLC Member Buyout Provision With Familiar Wording Held to Be Irrevocable

Troutman Pepper on

On March 25, in Walsh v. White House Post Productions, LLC, C.A. No. 2019-0419-KSJM, the Delaware Court of Chancery held that a limited liability company’s contractual right to repurchase a member’s units upon the termination...more

Carlton Fields

Court Upholds Arbitration Provision Despite Allegations of Fraud in Contract’s Execution

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The dispute involved the potential trade-in of a car and the purchase of a pickup truck by two customers at a car dealership. During the course of the transaction, one of the customers signed a document that he later learned...more

Littler

Deal or no Deal? Ontario, Canada Court Determines Employer and Employees Agreed to Settlement Absent Written Contract

Littler on

In a recent appeal to the Divisional Court of Ontario’s Superior Court in Shete, Lada, and Chung v. Bombardier Inc., 2019 ONSC 4083, the court applied the most basic principle that serves as the foundation of common law...more

Pierce Atwood LLP

Buyers And Sellers Beware: Effectively Limiting Post-Closing Litigation Exposure With Anti-Reliance Clauses In Purchase Agreements

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The Delaware Court of Chancery—the nation’s leading forum for corporate and M&A disputes—recently provided a roadmap for how to limit post-closing litigation exposure by eliminating certain fraud claims....more

Gray Reed

Oil Field Contamination Award Upheld

Gray Reed on

Forest Oil Corporation v. El Rucio Land and Cattle Inc. et al deserves your attention for four reasons: You won’t see another one involving damage to a rhinoceros pen...more

Dechert LLP

Global Private Equity Newsletter - Spring 2017 Edition: Like Bigfoot, a Clear and Settled Definition of “Consequential Damages”...

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A recent decision from the Delaware Chancery Court adds a twenty-first century interpretation to the common law doctrine of consequential damages which has roots reaching back to English contract law. This decision highlights...more

Carlton Fields

Third Circuit Rules Arbitration Agreement Included In Product Manual Is Unenforceable

Carlton Fields on

This action involved a class action suit brought in New Jersey federal court. The complaint alleged that plaintiff David Noble saw Samsung advertisements stating that the Samsung smartwatch’s battery lasted 24 to 48 hours...more

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