Breach of Contract

News & Analysis as of

Daughter’s Facebook Post Leads to Costly Breach by Father of a Confidentiality Clause in His Settlement Agreement With Former...

A recent decision by a Florida appeals court, Gulliver Schools, Inc. v. Snay, stands as a stark reminder of the perils of trying to maintain confidentiality in the age of social media where news can travel faster than the...more

Making “Material Adverse Change” Mean What You Choose It to Mean — Neither More nor Less

A recent decision by the Court of Chancery of Delaware provides a reason to pause before agreeing to standard, boilerplate “material adverse change” clauses in purchase agreements. In Osram Sylvania, Inc. v. Townsend...more

Breaches of confidentiality must be the real deal – Wade v British Sky Broadcasting Ltd [2014] EWHC 634

Despite the industry maxim “where there’s a hit, there’s a writ” and the numerous plagiarism allegations made in the TV business, it is well known in the copyright world that the English courts have refused to recognise a...more

“Abysmal” Documentation of Services Deemed a Material Breach of the Provider Agreement

We have previously discussed a line of Virginia case decisions holding that less-than-perfect compliance with the Department of Medical Assistance Services regulations does not always justify a retraction of payments. ...more

Duffey v. Twentieth Century Fox Film Corp.

Duffey v. Twentieth Century Fox Film Corp. - USDC S.D.N.Y., March 27, 2014 - District court dismisses false endorsement and breach of contract suit brought by actor in film Office Space, finding that actor had...more

Court Dismisses Claim Against AIG For Breach Of Reinsurnace Contracts

Reinsurer Transatlantic Reinsurance Company sued AIG and certain of its subsidiaries for a declaration that they breached various provisions of reinsurance certificates by transferring their risk under asbestos liability...more

Lehman Brothers Holdings Inc. v. Spanish Broadcasting Sys., Inc., Consol. C.A. No. 8321-VCG (Del. Ch. Feb. 25, 2014) (Glasscock,...

In this memorandum opinion, the Court of Chancery held that preferred stockholders of Spanish Broadcasting System, Inc. (“SBS” or the “Company”) had acquiesced to the Company’s incurrence of additional debt while a dividend...more

Ambiguities In Reinsurance Broker Agreement Preclude Summary Judgment

A federal district court in Arkansas recently examined provisions of a Broker Authorization Agreement between a reinsurance broker (Global Risk) and a ceding insurer (Aetna). In denying cross-motions for summary judgment on...more

Despite Often Presumed Limitations, Policyholders May Have General Liability Coverage for Supply Chain-Related Breaches of...

The Eighth Circuit recently confirmed that the all-too-common conceptions that breaches of contract and damages that result in recall are never covered by general liability insurance are, in fact, misconceptions. In...more

High Court Updates "Reasonable Endeavours": Commercial Interests Vs An Obligation Owed

Electricity Generation Corporation v Woodside Energy Ltd; Woodside Energy Ltd v Electricity Generation Corporation [2014] HCA 7 (5 March 2014) - WHAT HAPPENED? - The High Court has, by a 4:1 majority, held that...more

Moss v Eagleston [2014] NSWSC 6

In Moss v Eagleston [2014] Mr Moss supplied information to Nationwide News Pty Ltd about his criminal background and association with Shapelle Corby. Mr Moss then sued Nationwide News, alleging they had breached a contractual...more

And So it Begins . . .

This past year I wrote about a case that caused an uproar in the homebuilding industry - Liberty Mutual Insurance Company v. Brookfield Crystal Cove LLC, 219 Cal.App.4th 98 (August 28, 2013) – in which the California Court of...more

Borrowers' Counsel Can Be Sanctioned over Frivolous Complaints in Foreclosure and Eviction Proceedings, Michigan Court Holds

A Michigan appellate court recently held that a borrower's counsel could be sanctioned for filing a complaint for the purpose of delaying foreclosure or eviction. In Edgett v. Flagstar Bank, after multiple reviews of the...more

Grimes: Another Look at Reliance and Loss Under Pa.'s UTPCPL

The Pennsylvania Supreme Court is taking another look at justifiable reliance and "ascertainable loss" under Pennsylvania's Unfair Trade Practices and Consumer Protection Law (UTPCPL). On Jan. 30, the court granted allocatur...more

Three Point Shot, March 2014

D'oh! Simpsons Voice Actor Scores Big Win in Baseball Character Suit Popcorn, peanuts, character and voice rights in one jam-packed action for declaratory relief! Thank you for joining us on this sunny day at...more

Terminating Your Contract: Things to Remember Part 2

Let’s continue the discussion on issues to consider with regard to the termination of your contract. Most contracts have provisions governing what will constitute a breach or default and what the parties’ respective rights...more

Amicus Decries “Tortification” Of Contract Law

In For Executives, This May Have Been The Most Frightening Holding Of 2013, I wrote about the Court of Appeal’s decision in Asahi Kasei Pharma Corp. v. Actelion Ltd., 222 Cal. App. 4th 945 (2013). Readers may recall that...more

The Class Action Chronicle - Spring 2014

This is the third edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

In K2 Investment, NY high court reverses itself, confirms well-established case law

The New York Court of Appeals, in K2 Investment Group, LLC v. American Guarantee & Liability Insurance Company, 2014 WL 590662 (N.Y.), 2014 N.Y. Slip Op. 01102 (N.Y. Feb. 18, 2014), has vacated its own prior decision,...more

Delaware Court Allows Claims For Breach Of Implied Good Faith Covenant In Earn-Out Case

A recent Delaware Chancery Court opinion in American Capital Acquisition Partners, LLC, et. al. v. LPL Holdings, Inc., et.al. held that a seller’s claim that its buyer diverted opportunities from the acquired business to a...more

Bad Faith Sentinel - February 2014

In This Issue: - Indiana Bad Faith Ruling is Reminder that Resolution of Breach of Contract Claims in Favor of Insurer Does Not Necessarily Require Disposal of Tort-Based Bad Faith Claims - Fifth Circuit Court...more

Millien v. Popescu, C.A. No. 8670-VCN (Del. Ch. Jan. 31, 2014) (Noble, V.C.)

In this decision, the Court of Chancery considered whether to appoint a custodian for Boston Technologies, Inc. (the “Company”) based on allegations of director and stockholder deadlock. The Court held that the petitioner...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- January 31, 2014: Fox Broadcasting...

Ninth Circuit issues amended opinion affirming denial of plaintiff broadcasting companies’ motion for preliminary injunction against Dish Network over Dish Network’s network television recording product, finding that...more

Feeling the Heat in Florida: Could Canadian Insurers Be Exposed to Florida’s Unfriendly Bad Faith Laws?

Could a Canadian insurer that only insures Canadian residents still be sued for bad faith in Florida for failing to performing certain duties that must be performed in Florida? A recent Florida intermediate appeals court...more

SEC Sanctions Adviser for Failing to Inform ERISA Clients of Improper Investment Allocation

The Securities and Exchange Commission sanctioned an investment adviser for allowing some of its ERISA plan clients to invest in private placements, even though the issuer specifically restricted investments by ERISA plans. ...more

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