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Breach of Contract › Attorney's Fees › Contract Disputes

Conn Kavanaugh

Recent Federal and State Decisions Clarify Business Litigation under Chapter 93A

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Here is a breakdown on how new Federal and State decisions clarify Massachusetts Chapter 93A Unfair and Deceptive Trade Practices Law in Business-to-Business Disputes - A flurry of judicial decisions in spring 2023 has...more

Freeman Law

Breach of Contract in Texas

Freeman Law on

Contracts play an important role in day-to-day business operations and drive economic activity across the globe. And when one party to a contract fails to live up to its obligations, the other party or parties may be...more

Patton Sullivan Brodehl LLP

Attorney Fee Recovery by Third Parties Dragged into Commercial Lease Disputes

Patton Sullivan Brodehl LLP on

Commercial leases often contain attorney fee provisions allowing a party who prevails in litigation to recover attorney fees from the losing party. Can those attorney fee provisions apply to third parties — outsiders to...more

Robinson+Cole Construction Law Zone

An Unfounded Lien: What’s an Owner to Do? And Can it Recover its Attorneys’ Fees?

Robinson+Cole Construction Law Zone on

A subcontractor has liened the property although the owner has paid in full for its work. The general contractor has disappeared. What should an owner do next? And will its attorneys’ fees be recoverable?...more

McAfee & Taft

Liquidated Damages in Purchase and Sale Agreements: Oklahoma

McAfee & Taft on

A buyer and seller of real estate will often include a liquidated damages provision in the purchase and sale agreement as a means for stipulating the amount of damages the seller will receive in the event of a breach of the...more

Troutman Pepper

Maryland Federal Court Upholds Contractual Indemnity Clause and Awards Judgment Interest and Attorneys Fees in Masonry Suit

Troutman Pepper on

Skanska USA Building, Inc. v. J.D. Long Masonry, Inc., No. 1:16-cv-00933, 2019 BL 336852, (D. Md. Sept. 9, 2019) - On September 9, 2019, a Maryland federal court awarded Skanska USA Building, Inc. (“Skanska”) compensatory...more

Allen Matkins

California Statute May Be An Issue In Dispute Between President Trump And Adult Film Actress

Allen Matkins on

Not too long ago, I wrote about the lawsuit filed in California challenging a confidentiality agreement allegedly entered into by President Donald Trump. Clifford v. Trump, L.A. Super. Ct. Case No. BC 696568 (filed Mar. 6,...more

Weintraub Tobin

California Supreme Court Adds To Line Of Cases Narrowly Applying The Right To Recover Attorneys’ Fees Under Civil Code Section...

Weintraub Tobin on

Despite increasing sophistication amongst contracting parties and evermore common use of attorney fee clauses, the “American Rule” endures. The American Rule is that each side pays its own attorney fees in litigation, win or...more

Butler Snow LLP

Word Games Aside … an agreement to settle is an agreement to settle

Butler Snow LLP on

The Tennessee Court of Appeals refused to let a litigant weasel out of a negotiated and binding agreement to settle disputed claims. Tim Grace v. Jeanna Grace d/b/a Grace Trucking, Case No. W2016-00650-COA-Re-CV (11/29/16)....more

Troutman Pepper

Tennessee Federal District Court Holds That Contractor May Pursue Both Breach of Contract Action in Federal Court and Lien...

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Summit Contracting Grp., Inc. v. Ashland Heights, LP, 2016 U.S. Dist. LEXIS 60662 (M.D. Tenn. May 6, 2016) - Ashland Heights, LP (“Owner”) contracted with Summit Contracting Group, Inc. (“Contractor”) to construct an...more

Burns & Levinson LLP

Leading Cases on Chapter 93A

Burns & Levinson LLP on

Nearly all business disputes in Massachusetts are governed by Chapter 93A. The winning plaintiff under Chapter 93A is entitled to an automatic award of its attorney's fees, and may be awarded up to three times its actual...more

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