Consequential Damages Clause

CFC Rules That Money-Mandating Statute Does Not Give Rise to Claim for Consequential Damages

The Tucker Act grants jurisdiction to the U.S. Court of Federal Claims for damages not sounding in tort arising out of various federal statutes. But in order for jurisdiction to be proper, there must be a money-mandating...more

Do You Have An Insurance Bad Faith Claim?

Insurance companies are in the spotlight more than ever. After Superstorm Sandy many homeowners have been dealing with their insurers trying to thread through the detailed paperwork required to receive the benefits they...more

Consequential Damages: What are they? Should I waive them? (law note)

A client asked me about a contract he was asked to sign in which consequential damages were being waived. Consequential damages are those things that cost money which arise indirectly out of a failure of a party on a...more

Based On Economic Loss Rule and Consequential Damages Clause, Supreme Court Holds That Plaintiff Had No Tort Claim

In El Paso Marketing, L.P. v. Wolf Hollow I, L.P., the Texas Supreme Court decided that the economic loss rule and a consequential damages clause eliminated a power plant owner’s claim against a pipeline company for...more