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Negligence › Contract Disputes

Troutman Pepper

EDVA Judge Dismisses Negligence and Bailment Claims for Damage to Property Stored in Warehouse

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Parties involved in contract disputes often desire to avoid contractual limitations on recovery, fostering creative attempts to transform breach of contract claims into tort or other noncontractual causes of action. Such...more

Gray Reed

Who is responsible for the negligence of the “company man” on the well?

Gray Reed on

Parkman v. W&T Offshore, Inc., et al features two contractors playing hot potato over liability for a company man’s alleged negligence. The takeaway: Write your Master Service Agreement to address your liability concerns, and...more

Gray Reed

Texas Court Addresses MSA Indemnity Obligations

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At issue in RKI Exploration and Production LLC v. AmeriFlow Energy Services LLC and Crescent Services, LLC. were two Master Service Agreements.  RKI was the operator of a well in Loving County; AmeriFlow and Crescent were...more

Akin Gump Strauss Hauer & Feld LLP

Triple Point Technology, Inc v PTT Public Company Ltd – Court of Appeal Overturned

Akin Gump Strauss Hauer & Feld LLP on

Sir Rupert Jackson sitting in the Court of Appeal had found that the liquidated damages clause providing for liquidated damages to be paid for each day of delay by the contractor “from the due date for delivery up to the date...more

Holland & Knight LLP

Ship Repairers Need to Be Wary of Warranty of Workmanlike Performance

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The U.S. Court of Appeals for the Fifth Circuit recently reminded the legal community that liability for breach of the implied warranty of workmanlike performance (WWLP) is strict, and damages can end up being much more than...more

Smith Anderson

Coming to Construction Claims - The Collateral Source Rule

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In another significant opinion from the North Carolina appellate courts, the Court of Appeals recently expanded the application of the collateral source rule to negligence claims arising out of construction disputes in a case...more

Farrell Fritz, P.C.

Commercial Division Holds Nonsignatories Are Bound By Agreement’s Arbitration Clause

Farrell Fritz, P.C. on

“Read before you sign”, is what we counsel our clients, since we all know that courts will bind one contractually to a signed agreement even if not read. But, what if you never signed the agreement? Can you still be bound by...more

Sheppard Mullin Richter & Hampton LLP

Last, but NOT Least: Why You Should Take a Closer Look at Your Next Indemnification Clause

Sheppard Mullin Richter & Hampton LLP on

Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. It is not uncommon for parties to...more

Akin Gump Strauss Hauer & Feld LLP

A U.S.-Style Regime for Class Action Litigation Looms Large in the EU

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Multinational corporations operating in the United States and abroad encounter complex and dispositive legal frameworks that govern not only substantive rights, but also procedural rules that dictate who may assert such...more

Dechert LLP

Further encouragement from the English courts to pursue international disputes there

Dechert LLP on

The recent decision of the English Supreme Court in Vedanta Resources PLC v Lungowe and others provides a further example of the willingness of the English courts to assume jurisdiction over cases which have very little...more

White and Williams LLP

Arbitration: For Whom the Statute of Limitations Does Not Toll in Pennsylvania

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In Morse v. Fisher Asset Management, LLC, 2019 Pa. Super. 78, the Superior Court of Pennsylvania considered whether the plaintiff’s action was stayed when the trial court dismissed the plaintiff’s complaint after sustaining...more

Gray Reed

Choice of Law Matters in an Oilfield Indemnity Suit

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Did Texas law or New Mexico law apply to knock-for-knock indemnity provisions of a Master Work and Services Agreement? When a contract itself explicitly calls for Texas law, that is likely to be the outcome, as it was in...more

Gray Reed

Original Louisiana Lessee Can’t Escape Liability

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Louisiana practitioners and their clients tend to know this particular point of Louisiana law, but it could surprise out-of-staters (known in their native habitat as “Texans”), so it’s worth a reminder...more

Gray Reed

Railroad Commission Plugs the Wrong Well – Another Issue

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“Back in the day, when the Yankees always won the World Series and you could name a park after a Confederate general, we didn’t need no written contract; a man’s word was his bond, … yadda, yadda, yadda”....more

Troutman Pepper

Gist of the Action Doctrine May Not Bar Tort Claims Arising from Negligent Performance of Contractual Duties

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On December 15, 2014, the Pennsylvania Supreme Court broke its long silence on the gist of the action doctrine when it issued its decision in Bruno v. Erie Insurance Co. The gist of the action doctrine precludes a plaintiff...more

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