In March of this year, the Florida Supreme Court departed from established precedent and limited the application of the economic loss rule to product liability cases. The court explained that this was necessary given the...more
2013 has been a significant year for UK employment law. In particular, an abundance of new legislation (both about substantive law and Employment Tribunal procedure) has heralded a number of important changes.
On December 3, 2013, the intermediate Pennsylvania Court of Appeals decided Indalex, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, and concluded that an “occurrence” under a commercial umbrella liability policy may...more
A repudiation of a contract is a breach of contract by one party that is sufficiently serious to entitle the other party to treat the contract as terminated with immediate effect and to sue for damages. An innocent party,...more
I. FLORIDA STATE CASES – SASHA FUNK GRANAI -
Final Judgment: final judgment not final appealable order where related claim for breach of note remained – Centennial Bank v. NFP 1, LLC, No. 1D13-4516 (Fla. 1st DCA Dec....more
Decision serves as a reminder that careful consideration should be given to provisions dealing with the consequences of breaches of restrictive covenants and other terms of commercial agreements....more
Seneca Ins. Co. v. Everest Reinsurance Co., No. 11 Civ. 7846 (BF), 2013 U.S. Dist. LEXIS 151594 (S.D.N.Y. Oct. 17, 2013).
A New York federal court granted summary judgment to a reinsurer and dismissed the cedent’s case...more
Angelica Textile Services, Inc. v. Park, No. D062405 (October 15, 2013): A California Court of Appeal recently held that claims of breach of contract, breach of fiduciary duty, and unfair competition are not “displaced” or...more
In this Memorandum Opinion, the Court of Chancery (i) denied plaintiff’s motion for partial summary judgment on its claim that defendants breached a “prohibited investments” clause of an LLC agreement and (ii) granted, in...more
Warning shoppers—or, rather, sellers: a company’s failure to meet sales forecasts may amount to a material adverse effect.
In Osram Sylvania Inc. v. Townsend Ventures, LLC, Osram Sylvania Inc. (OSI), a stockholder of...more
Recently, the California Court of Appeal held that, under California law, an insurer is not obligated to defend a lawsuit that does not seek monetary damages....more
You've no doubt heard about the University of Maryland's withdrawal from the Atlantic Coast Conference and the University's unwillingness to pay the $50 million withdrawal fee required by the Constitution of the...more
In Angelica Textile Services, Inc. v. Park, a California court of appeal considered the issue whether Angelica’s common-law claims for breach of contract, unfair competition, and interference with business relations would be...more
Businesses often request legal assistance with breach of contract disputes. They say that there can be no doubt that their counterparty breached their contract, and they know that they are entitled to damages for the breach....more
A former Ph.D. student sued the University of Michigan and several faculty members after the university removed him from the Ph.D. program. Joseph Dean Vigil failed to complete his dissertation and Ph.D. requirements within...more
In Gaines Motor Lines, Inc. v. Klaussner Furniture Industries, Inc., decided October 30, 2013, the U.S. Court of Appeals for the Fourth Circuit addressed for the first time whether federal courts have jurisdiction over a...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
In an unusual oral bench opinion, supplemented the following day with a Saturday letter to affected counsel, Vice Chancellor Sam Glasscock III of the Delaware Chancery court has found that Apollo Tyre Limited, a US$39 billion...more
While a legal battle will continue between a Second Life content "consultant" and a school teacher using the online virtual-world creating program as an educational tool, the Southern District of New York made one thing clear...more
Obiter dicta by High Court suggests that damages may not be available as a remedy where an English company breaches a contractual obligation and performance of that obligation would have required a breach of the "capital...more
SJS Distrib. Sys. v. Sam’s East, Inc., 2013 WL 5596010 (E.D.N.Y. Oct. 11, 2013).
In this breach of contract case, the defendant sought sanctions against the plaintiff. The defendant claimed that over 150 relevant...more
As we have discussed before, the oppression remedy is a potentially powerful tool, which can be used in a range of circumstances by a variety of corporate stakeholders, including shareholders, directors and officers, and...more
Marble Unlimited, Inc. v. Weston Real Estate Inv. Corp., 4D11-3113 (Fla. 4th DCA 2013) -
Marble Unlimited, Inc. (“Marble”) is a granite countertop subcontractor. In 2003, Marble contracted with Weston Real Estate...more
Utica Mutual Ins. Co. v. Amity Ins. Agency, Inc., 84 Mass. App. Ct. 1111; 993 N.E.2d 752 (published in table format in the North Eastern Reporter, not binding precedent) (entered, September 17, 2013).
A recent decision...more
gThe United Stated District Court for the District of Minnesota recently dismissed several claims by a Party City franchisee premised on the franchisor’s operation of an online store. Newpaper, LLC v. Party City Corp., 2013...more