In honour of the current Ashes cricket series (and given that, at the time of writing, there has just been a resounding victory by Australia in the First Test), we have elected to focus this edition of Legal Notebook on a...more
In almost every state, the economic loss doctrine prevents claimants from pursuing tort claims that arise from solely economic injuries; instead, the doctrine requires that claimants pursue these purely economic claims...more
To prove the existence of a contract under Florida law, a plaintiff must plead: (1) offer; (2) acceptance; (3) consideration; and (4) sufficient specification of the essential terms. A breach of contract is a legal cause of...more
A California court of appeal recently ruled that a party that successfully defends against a claim that a contract is void is entitled to be paid attorney fees by the party that unsuccessfully brought the action.
Following the response to consultation on proposed amendments to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006) (see Be Alert dated 5 September), the Government has now published draft...more
In California, the economic loss rule addresses the distinction between suits in contract and tort. A contract claim can typically be pursued to recover all damages proximately caused by breach of contract, unless expressly...more
The Australian Competition and Consumer Commission's (ACCC) first case solely based on the unfair contract terms provisions of the Australian Consumer Law (ACL) has resulted in the Federal Court declaring by consent that four...more
MAIN DISPUTE RESOLUTION METHODS -
1. What are the main dispute resolution methods used in your jurisdiction to settle large commercial disputes?
Litigation is the most frequently used...more
Any contract between parties in different countries such as the United States and Canada heightens the risk of a conflict between different laws and court systems when resolving a contract dispute. It’s possible that the laws...more
Florida’s Supreme Court recently adopted new standard jury instructions for contract and business cases. The instructions, drafted over a period of six years by a committee of Florida trial and appellate lawyers and judges,...more
So, you have won the bid and you sent your workers to the job site when all of a sudden you get a call from your foreman, who says, “This situation out here looks a lot different than what we expected…” What should you do...more
It must be maddening to non-lawyers that a large segment of an industry can operate in harmony by agreeing that a contract in widespread use means one thing, only to have party-crashers decide it means another....more
In an important decision upholding the right of hotels to make pragmatic agreements with unions on hotel operations, the United States District Court for the Southern District of New York dismissed a claim brought by banquet...more
Term contracts for the supply of commodities – especially over a term of several years – are often expressed to be legally binding, but can leave important terms to be agreed between the parties, for example, on an annual...more
Quinn Emanuel recently secured landmark rulings for its client MBIA Insurance Corporation (“MBIA”) in three major decisions in MBIA’s long-running lawsuit against Countrywide Home Loans, Inc. (“Countrywide”), various...more
Many people appreciate the importance of contracts. We sign them daily, from our agreement to pay the amount at the bottom of our lunch receipt to that pesky cell phone contract that seems to increase every month. However,...more
In a prior post, I noted that if you want all disputes between contracting parties to be resolved in one and only one specific forum, it is imperative to expressly state this with great clarity in your agreement. In light of...more
According to the National Center for State Courts, contract disputes dominate state court caseloads: 61% of all civil lawsuits filed in state courts in the U.S. are contract disputes (for comparison’s sake, only 6% are tort...more
The first problematic contract provision often found in sports industry contracts are arbitration provisions.
Many sports industry owners beleive that arbitration is a helpful way to resolve contractual disputes...more
Piercing the Corporate Veil: VTB Capital plc v. Nutritek International Corp and Others  UKSC 5 - In a recent case, the United Kingdom Supreme Court unanimously refused to pierce the corporate veil in order to treat an...more
You are a GSA schedule contractor. You receive an order from an agency and during the course of performance get into a dispute over some of the terms of the contract as well as the price. You intend to file a claim under...more
This article discusses the issues an owner, lender, completion contractor, and surety should consider when drafting a takeover agreement. Although each of these four main parties may share the basic goal of seeing the project...more
The short answer is – none.
State of Washington, Dept. of Transportation v. James River Insurance Company, – P.3d –, 2013 WL 258877 (Wash. January 24, 2013), a January 2013 decision of the Washington State Supreme...more