News & Analysis as of

Breach of Contract Abuse of Discretion

Bradley Arant Boult Cummings LLP

What to Do if Your Federal Contract was Wrongfully Terminated by the Government

Government contracts often include a termination for convenience clause, generally allowing federal agencies to cancel agreements when it serves the government’s interest. While this power is fairly broad, it is not absolute...more

Pillsbury Winthrop Shaw Pittman LLP

Can the Government Terminate a Contract for Convenience When It Does Not Actually Terminate the Contract for Convenience?

Court of Federal Claims rules that the government “constructively” terminated a contractor for convenience when it did not order the quantities specified in the contract. The “constructive termination for convenience”...more

McDermott Will & Emery

No Shelter for Willful Infringement of Distributor’s Trademarks

McDermott Will & Emery on

The US Court of Appeals for the Seventh Circuit affirmed a district court’s finding of trademark infringement and award of damages against a manufacturer of storm shelters and its owner, and went a step further by ordering...more

Bradley Arant Boult Cummings LLP

Government's Over-Inspection Sufficient to Support Breach of Duty of Good Faith and Fair Dealing - Construction and Procurement...

The Armed Services Board of Contract Appeals’ recent decision in Appeal of Watts Constructors, LLC gave life to a contractor’s claim that the government violated its implied duty of good faith and fair dealing. Under a...more

Winstead PC

Texas Court Compels A Limited Partner’s Employment And Defamation Claims To Arbitration Due To The Partnership Agreement’s...

Winstead PC on

In Gray vs. Ward, Ward and Gray started a limited partnership where Ward was a limited partner and Gray was a limited partner and the manager of the general partner. No. 05-18-00266-CV, 2019 Tex. App. LEXIS 6992 (Tex....more

White and Williams LLP

Texas Walks the Line on When the Duty to Preserve Evidence at a Fire Scene Arises

White and Williams LLP on

The extent to which a loss scene can be altered before adversaries can legitimately cry spoliation has long been a mysterious battleground in the world of subrogation. In the case of In re Xterra Constr., LLC, No....more

Gray Reed

Royalty Owners Seeking Class Certification Sent Back to the Trial Court

Gray Reed on

The latest Fifth Circuit opinion in Seeligson v. Devon Energy Production, L.P. is the latest round in a class action that has been developing since 2014....more

Jaburg Wilk

Arizona Reverses Award of Punitive Damages in Bad Faith Case Again

Jaburg Wilk on

The Holding - In Preciado v.Young American Insurnace Company, 2017 WL 2805631 ( Ariz.App . June 29, 2017) (unpublished), the Arizona Court of Appeals held the trial court erroneously failed to grant an Insurer’s motion for...more

Proskauer - California Employment Law

California Employment Law Notes - July 2017

In response to three questions asked of it by the United States Court of Appeals for the Ninth Circuit, the California Supreme Court opined as follows...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19493 - Standard Oil of Connecticut, Inc. v. Administrator, Unemployment Compensation Act - SC19493 Dissent - Standard Oil of Connecticut, Inc. v. Administrator,...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: AC36726 - Schull v. Schull - Trial court properly refused to hold ex-husband in contempt for not paying 50 percent of child’s surgery per the original decree. The Trial...more

Allen Matkins

Choosing Delaware, Instead Of California Law, May Prove Very Costly Indeed!

Allen Matkins on

Last spring, I had the pleasure of meeting Delaware Supreme Court Justice Karen Valihura when we were speaking at the Los Angeles County Bar Association’s annual Delaware & California Law Update. Given her visit to...more

Hinshaw & Culbertson LLP

The Abuse Of Discretion Standard Applies To The Appellate Review Of Reasonable Attorney Fees

In Calvo Fisher & Jacob LLP v. Lujan, 2015 DJDAR 1965, the California Court of Appeal for the First Appellate District decided another case in the ongoing saga arising out of litigation concerning the Estate of Larry...more

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