News & Analysis as of

Breach of Contract Appeals

Mayer Brown

Serta and Mitel: The Latest Major Court Decisions on Uptier Transactions

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Summary: On December 31, 2024, two major appellate court decisions addressed the legality of uptier financing transactions—one involving Serta Simmons Bedding (“Serta”) and the other Mitel Networks Corporation (“Mitel”). Both...more

Holland & Knight LLP

Sixth Circuit Reverses Dismissal of ERISA Healthcare Fee Suit Against Third-Party Administrator

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There has been a recent rise in Employee Retirement Income Security Act of 1974 (ERISA) litigation against third-party administrators (TPAs) and other service providers challenging their management of self-funded health...more

Cadwalader, Wickersham & Taft LLP

Court of Appeals Upholds Contract Merger Clause

In Behler v. Kai-Shing Tao, the New York Court of Appeals found that the merger clause contained in a limited liability company agreement governed by Delaware law superseded an alleged prior oral agreement between the...more

Morgan Lewis

Singapore Court of Appeal Sets Out Framework for Infra Petita Challenges

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In the recent case of DKT v. DKU [2025] SGCA 23, the Singapore Court of Appeal has, noting its observation of an “increasing tendency for disgruntled award debtors to abuse this ground of challenge on wholly unmeritorious...more

McGinnis Lochridge

Texas Supreme Court Clarifies Limits of Shut-In Payment Notations in Lease Disputes

McGinnis Lochridge on

In this case (Scout Energy Mgmt., LLC v. Taylor Properties, No. 23-1014, 2024 WL 5249490 [Tex. Dec. 31, 2024]), the Texas Supreme Court held that vague notations on shut-in royalty check receipts cannot modify an unambiguous...more

King & Spalding

New York Appellate Court Refuses to Apply Criminal Usury Law to Post-Default Interest

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On February 13, 2025, a New York intermediate appellate court affirmed the grant of summary judgment against energy companies that defaulted on their loan obligations. In 2020 and 2021, an engineering firm specializing in...more

Farrell Fritz, P.C.

A Message of Acceptance from the Garden State

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This week’s New York Business Divorce takes us to the Garden State for a delightfully-written, post-trial decision by retired, recalled Appellate Division Judge Clarkson S. Fisher, Jr....more

Carlton Fields

Florida Appeals Court Decisions Week of May 19 - 23, 2025

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U.S. Eleventh Circuit Court of Appeals - Middleton v. Hollywood Reporter - defamation, California limitations - Merritt Island Woodwerx v. Space Coast CU - arbitration - USA v. Doe - immigration, removal, failure to...more

Sheppard Mullin Richter & Hampton LLP

Umbrella Insurer’s “Business Decision” to Pick Up an Insured’s Defense Leads to a Multi-Million Dollar Fraudulent Concealment...

A primary insurer (Truck Insurance Exchange) and an umbrella insurer (Federal Insurance Company) have been involved in a series of lawsuits dating back to 2007. The California Court of Appeal recently ruled that their...more

Rivkin Radler LLP

May 2025 Insurance Update

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We touch upon several issues in this month’s update. Negligent breach of contract: Courts recognize that a CGL policy does not cover breach of contract claims. But where the insured is accused of negligently performing its...more

Miller Nash LLP

Oregon Supreme Court Reverses Insurance Coverage Denial for Contractor in Twigg v. Admiral Ins. Co.

Miller Nash LLP on

In a long-awaited decision that helps contractors obtain coverage for construction defects, the Oregon Supreme Court in Twigg v. Admiral Ins. Co. 371 Or. 308 (2025) ruled that coverage under a commercial general liability...more

Bradley Arant Boult Cummings LLP

Court Affirms $1 Nominal Damage Award in Wind Farm Construction Dispute

Court Affirms $1 Nominal Damage Award in Wind Farm Construction Dispute The general contractor on the 60-turbine wind farm project in Good Hope, Illinois, is entitled to collect a whopping $1 on its cost-to-complete claim...more

BCLP

Third Party Rights - Welcome Guidance from the High Court

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There is a “a dearth of case law” on s1(1) of the Contracts (Rights of Third Parties) Act 1999 (Act), as observed by Lenon KC, the judge in the case of HNW Lending Ltd v Lawrence [2025] EWHC 908 (Ch). Whilst an accurate...more

Mayer Brown

Legal Developments in Construction Law: May 2025

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1. ABSENCE OF NOVATION SINKS ADJUDICATION AWARD AGAINST ASSIGNEE - A contractor obtained an adjudication award against an assignee of its employer, which had gone into administration.  But was that assignee the correct...more

Jackson Walker

Business Court of Texas Clarifies “Qualified Transaction” Jurisdiction

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The Business Court of Texas’ recent opinion in Atlas IDF, LP v. NexPoint Real Estate Partners, LLC offers important guidance on the meaning of a “qualified transaction” under Texas Government Code Chapter 25A and the...more

Carlton Fields

Fifth Circuit Reverses Decision Denying Motion to Compel International Arbitration

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The Fifth Circuit Court of Appeals recently reversed a district court’s denial of a motion to compel arbitration, concluding that the contract between the parties evinced an intent to arbitrate even if the purported arbitral...more

Bradley Arant Boult Cummings LLP

Maintenance Obligations on a 30-Year-Old Project Let an Owner Sidestep Tennessee’s Statute of Repose

In Tri-State Insur. Co. of Minn. a/s/o Campus Chalet, Inc. v. East Tennessee Sprinkler Company, Inc., the Court of Appeals of Tennessee recently addressed whether the state’s four-year statute of repose could shield a...more

Warner Norcross + Judd

Michigan Court of Appeals Splits with Federal Courts and Holds Standard Stellantis Contract Terms Enforceable

Warner Norcross + Judd on

Earlier this week, the Michigan Court of Appeals issued its opinion in FCA US, LLC v. Kamax Inc., et al., the latest in a string of court decisions interpreting the enforceability of supply chain contracts in the wake of the...more

McGinnis Lochridge

All Depths or Just One Formation? Court Clarifies Royalty Conveyance in Rock River v. Pioneer

McGinnis Lochridge on

This recent case (Rock River Minerals, LP v. Pioneer Nat. Res. USA Inc., No. 08-23-00216-CV, 2024 WL 4528917 [Tex. App.—El Paso Oct. 18, 2024, no pet. h.]) explored whether an assignment of an overriding royalty interest,...more

McDermott Will & Emery

No Protectable Code: No Literal or Nonliteral Copying

McDermott Will & Emery on

The US Court of Appeals for the Eighth Circuit affirmed a district court’s ruling that a plaintiff failed to establish copyright protection for its software platforms, drawing a distinction between “literal” copying (direct...more

Blake, Cassels & Graydon LLP

From Court to Contract: Navigating Recent Supreme Court and Appellate Decisions

Recent Canadian case law is reshaping how legal drafters should approach contractual clauses. Key decisions, including rulings from the Supreme Court of Canada and appellate courts in British Columbia, Alberta, Ontario and...more

Husch Blackwell LLP

Fifth Circuit: "Manifest Disregard of the Law" Cannot Be Grafted to FAA as a Basis for Vacatur of Arbitration Award

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In affirming a district court’s denial of a petition to vacate an arbitration award, the U.S. Court of Appeals for the Fifth Circuit recently rejected the argument “that manifest disregard of the law remains viable as an...more

Hogan Lovells

UK: A new litigation risk for PSPs? Quincecare claim brought by derivative action is successful

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Ever since the Supreme Court held, in Philipp v Barclays Bank plc1(Philipp), that claims based on the Quincecare duty against the payment services provider (PSP) which paid the funds away were not open to victims of...more

Wiley Rein LLP

Prior Demand for Books and Records Unrelated to Subsequent Arbitration Brought by Same Claimants

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Applying Illinois state law, the Appellate Court of Illinois has held that two lawsuits against insureds did not allege Related Wrongful Acts sufficient to render the two lawsuits a single, related claim under the D&O...more

Harris Beach Murtha PLLC

In Massachusetts, does liability for negligent design or construction ever end?

In a decision with significant consequences concerning the amount of time after construction during which design professionals and contractors may be liable for defective services or work, the Massachusetts Supreme Judicial...more

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