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Damages › Gross Negligence

Freiberger Haber LLP

Fraud Notes: Two Cases and The Examination of Scienter

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To state a cause of action for fraud, a plaintiff must allege “a material misrepresentation of a fact, knowledge of its falsity, an intent to induce reliance, justifiable reliance by the plaintiff and damages.” The...more

Holland & Hart LLP

The Appeal of Nevada: Why Corporations are Heading West

Holland & Hart LLP on

More and more corporations are moving to Nevada. Is this because of the lack of corporate or franchise taxes associated with incorporating in the state or the lack of state income tax? Likely not (Nevada does not collect...more

Troutman Pepper

EDVA Judge Dismisses Saudi Arabian Contract Dispute Based on Forum Non Conveniens

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It is not uncommon for plaintiffs based in the United States to bring claims against foreign parties in U.S. federal courts to obtain a favorable venue and avoid any bias in foreign courts in favor of local defendants. A...more

Linda Liu & Partners

Principle of liability for fault applies to the dispute over damages resulted from the application for customs protective measures...

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According to the relevant provisions of China’s Regulations on Customs Protection on Intellectual Property Rights, the IP right holder may request the customs to detain the suspected infringing goods. After the customs...more

Mayer Brown

Limitations on Liability Exceptions – Interplay between Contract Terms and Legal Principles

Mayer Brown on

In contracts, parties typically seek to limit their liability to each other, both in terms of the types of damages or actions for which a party will have liability and the amount of damages that can be recovered, as well as,...more

Hahn Loeser & Parks LLP

Florida's New COVID-19 Liability Protection Law

Hahn Loeser & Parks LLP on

On March 29, 2021, Governor Ron DeSantis signed into law Senate Bill 72 (2021) to protect Florida individuals and businesses against lawsuits claiming COVID-19 related damages, injuries or death. WHO IS PROTECTED BY...more

FordHarrison

Georgia Legislature Passes COVID-19 Liability Shield

FordHarrison on

On June 26, 2020, as the Georgia General Assembly was about to adjourn, it passed the Georgia COVID-19 Pandemic Business Safety Act. The Act protects businesses, healthcare providers, healthcare facilities, and other entities...more

Winstead PC

The Texas Legislature Has Limited Discovery Of A Defendant’s Net Worth For Exemplary Damage Claims

Winstead PC on

Plaintiffs in civil litigation often seek punitive or exemplary damages. “Exemplary damages” means any damages awarded as a penalty or by way of punishment but not for compensatory purposes....more

Gray Reed

Texas Accomodation Doctrine Claim Repudiated

Gray Reed on

Harrison v. Rosetta Resources Operating LP presents a wacky? time-wasting? clever? unsuccessful attempt to expand reinvent the Texas accomodation doctrine....more

Bass, Berry & Sims PLC

Chris Lazarini Analyzes Enforcement of Exculpatory Clauses

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Bass, Berry & Sims attorney Chris Lazarini analyzed the court's enforcement of an exculpatory clause in the context of a Trading Advisory Agreement. Where parties elect to include exculpatory clauses in their contracts, such...more

Burr & Forman

Change in How SC Supreme Court Views Conspiracy Claims May be Coming

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As our various courts decide cases, we watch to see if there are any trends that seem to be developing or whether a case signals that the courts are beginning to change how they view a particular issue or type of case. We've...more

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