Contract Disputes

News & Analysis as of

Medical Staff Bylaws Are Not Contracts in Delaware

One of the fundamental issues in credentialing disputes is whether the Medical Staff Bylaws constitute contracts between the Hospital and the individual physicians. If the Medical Staff Bylaws do constitute a contract, then...more

Invalidity of Transactions with a Flaw in Will

On 10 December 2013 the Presidium of the Supreme Commercial Court (the “Presidium”) issued Information Letter No. 162 with an overview of court practice on the application of Articles 178 and 179 of the Russian Civil Code...more

The Hidden Power of Routine Contract Provisions

Sometimes contractual provisions considered to be routine or boilerplate can have practical consequences down the road. A recent case from the U.S. District Court for the Eastern District of Virginia reminds us that choice...more

Mum’s the Word: New York’s Highest Court Maintains Anonymity in Auction Sales

In late 2012, we reported on a New York Appellate Division order that sent shockwaves and fear of instability through the auction house world. Late last month, the New York Court Appeals issued its opinion in the case of...more

Legal Notebook - December 2013

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

Economic Loss Doctrine and Negligent Misrepresentation Claims

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

Party May Be Awarded Attorney Fees in Defending Against Claim that Contract Is Invalid

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. ...more

New draft TUPE Regulations published, in force January 2014

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

Under Construction - September 2013: California’s Economic Loss Doctrine – Limits on Tort Recovery

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

Competition & Regulation Update: ACCC Obtains Its First Unfair Contract Terms Declarations: ACCC V Bytecard Pty. Limited...

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

Dispute Resolution Multi-Jurisdictional Guide 2013/14 Country Q&A: Japan

MAIN DISPUTE RESOLUTION METHODS - 1. What are the main dispute resolution methods used in your jurisdiction to settle large commercial disputes? Litigation -- Litigation is the most frequently used...more

Overlooking Choice of Law and Forum Provisions in Your International Contract is Like Playing the Lottery

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 Adopts New Standard Jury Instructions for Contract and Business Cases

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

Top 3 Things Contractors Need To Do When The Actual Work Site Differs From The Expectations.

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

Ambiguity Sends An Overriding Royalty Dispute Back To The Trial Court

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

Court Upholds Management Deal with Union on Hotel Operations

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

Bridging the Gap: English Courts Uphold Enforceability of Long-term Commodity Supply Contracts

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

Three Landmark Decisions for Insurers and RMBS Investors

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

California Courts Confirm: Fraud Actions Can Be Used to Avoid Contractual Obligations

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

Be Clear if You Want to Have a “Third-Party Beneficiary” in Your Contract

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

Coverage Spotlight: Contract Litigation Insurance

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

Problematic Sports Industry Contract Provision No. 1 - The (Un)enforceability of Arbitration Provisions

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

April 2013: London Litigation Update

Piercing the Corporate Veil: VTB Capital plc v. Nutritek International Corp and Others [2013] UKSC 5 - In a recent case, the United Kingdom Supreme Court unanimously refused to pierce the corporate veil in order to treat an...more

Where to File a GSA Schedule Contract Dispute Claim

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

Drafting A Takeover Agreement

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

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