News & Analysis as of

Breach of Contract

Traps for the Unwary under California Law: How Good Deals Can Go Bad

by Blank Rome LLP on

California law has the potential to produce unintended consequences in real estate transactions. Below are a few of the legal “gotchas” that deal makers should keep in mind in transactions where California law...more

Hydraulic Fracturing Services: New York Appellate Court Addresses Whether Field Invoice Terms Limit Damage Claims

The Supreme Court of the State of New York (Appellate Division) (“Court”) in a November 9th Memorandum and Order (“Order”) addressed whether field invoices provided to a customer for the performance of hydraulic fracturing...more

Defence & Indemnity - October 2017: V. SURETY AND BOND ISSUES

by Field Law on

V. SURETY AND BOND ISSUES - A. The Alberta Court of Queen’s Bench holds surety liable under a performance bond for consequential damages suffered by an obligee as result of defaulting contractor. Vermilion & District...more

Spilman Alert - Breaking Insights: Shutting Another Door on Suing Insurance Companies in West Virginia

The West Virginia Supreme Court of Appeals recently closed an avenue for bad faith claims. In this case, the insured, CMD, sued its own liability insurance company, State Auto, for not settling the claims asserted against it...more

District Court Case Highlights Advantages of ERISA Severance Plans

by Hogan Lovells on

Specialists have long touted certain significant advantages to employers that come along with maintaining ERISA severance plans, and a recent district court case highlights some of these advantages....more

Federal Court in New Jersey Holds That Failure to Timely File an Affidavit of Merit Dooms Owner’s Claim for Breach of Contract...

by Pepper Hamilton LLP on

Frontier Dev. LLC v. Craig Test Boring Co., 2017 U.S. Dist. Lexis 149950 (D.N.J. Sept. 15, 2017) - On September 15, 2017, the Federal District Court for the District of New Jersey dismissed plaintiff’s, Frontier...more

Application of the Twenty-Year Statute of Limitations S.C.Code Ann. §15-3-520(a) - SC Mortgage Not Required

by Nexsen Pruet, PLLC on

Most breach of contract claims in S.C. are governed by a three-year statute of limitations. S.C. Code Ann. § 15-3-530(1). A specific exception, however, is found in S.C. Code Ann §15-3-520(a) that provides for a twenty-year...more

Juicing Up Your Policies: How To Protect Your Trade Secrets

Recently, popular Southern California juice and aguas frescas chain Green Crush filed suit against up-and-coming rival juice bar Paradise Splash and several individuals. The lawsuit, filed in the U.S. District Court for the...more

A Frustrating Exercise: Federal District Court In Iowa Declines To Grant Summary Judgment On Frustration Of Purpose Doctrine In A...

by Pepper Hamilton LLP on

Rembrandt Enters., Inc. v. Dahmes Stainless, Inc., No. C15-4248-LTS, 2017 U.S. Dist. LEXIS 144636 (N.D. Iowa Sept. 7, 2017) - On September 7, 2017, the Federal District Court for the Northern District of Iowa denied a...more

Identification of third party beneficiaries - contracts (rights of third parties) act

by Allen & Overy LLP on

Reference to setting up a separate segregated client account in a letter of instruction from a customer to the bank (the terms of which envisaged that an account would be opened and operated in a particular manner) would have...more

Limitation of liability – wasted expenditure or loss of profits?

by Allen & Overy LLP on

In a recent decision on contractual interpretation of limitation of liability clauses, an ambiguous limitation of liability clause was found to be enforceable and ‘wasted expenditure’ was held to be distinct from ‘loss of...more

Jay-Z Pleads Court to Remove Him from the Spotlight

by Robins Kaplan LLP on

Jay-Z does not want to be in the spotlight- at least not the spotlight of a New York federal judge. This past April, the hip-hop tycoon and Roc Nation, Jay-Z’s entertainment company, were sued by Iconix Brand Group, Inc....more

Arizona Allows Insured to Avoid Removal by Naming Adjuster as Defendant

by Jaburg Wilk on

In Chukly v. American Family Mut. Ins. Co., 2017 WL 3262541 (D.Ariz. Aug. 1, 2017) (Order), a breach of contract and insurance bad faith case arising from a homeowners claim after a microburst and “massive rain,” the Arizona...more

Electric Power Supply/Service Agreements: Federal Court Addresses Procedural Motion in Regards to Electric Cooperatives Challenge...

Washington-St. Tammany Electric Cooperative, Inc. and other non-profit electric cooperative corporations (collectively “Co-ops”) filed a breach of contract action (“Complaint”) on June 28th against Louisiana Generating,...more

Climate Scientist Sues Critic

by Akin Gump - Excubitor on

In what appears to be a novel application of defamation law to disputes within the academic community, one researcher has filed suit against a peer reviewer and an academic journal for criticism made in a peer review article...more

Humana Bundles Up; Files Suit To Recover Hundreds Of Millions In Risk Corridor Payments From Uncle Sam

by Carlton Fields on

On November 2, Humana filed a lawsuit in the United States Court of Federal Claims to recover approximately $600 million allegedly owed by the United States government. See Humana Inc. v. U.S., case number 1:17-cv-01664. ...more

Unlicensed Use of a Festival Name May Result in a Not-So-Festive Trademark Lawsuit

by Knobbe Martens on

Music festivals, film festivals, food festivals….festivals are popular venues for entertainment and each festival strives to offer the consumer a unique experience. Of course, at most festivals, clothes must be (or should be)...more

Ninth Circuit Snubs Stolt-Nielsen, Holds Generic Employee Arbitration Agreement Permits Class-wide Arbitration

by Carlton Fields on

After an employer allegedly released personally identifiable information of its employees as the result of a phishing scam, plaintiff employee filed a putative class action lawsuit, alleging claims including negligence,...more

A Different "Type" of Lawsuit: Ensuring Proper Use of Licensed Font Programs

One may not typically think of font programs, or their underlying typefaces, as protected intellectual property -- but a recent suit involving retail giant Target should prompt companies to pay closer attention to their...more

Misunderstanding Between Lawyer And Expert Results In Breach Of Contract And Unused Report

by Fox Rothschild LLP on

Experts and their reports can be an expensive, but necessary, element to many types of cases. This is particularly true in divorce cases, whether they are personal or business divorces. In all cases, it is incumbent on the...more

Court Of Chancery Favors Plain Language In Earn-Out Dispute And Declines To Imply Contractual Terms

by Morris James LLP on

Greenstar IH Rep. LLC v. Tutor Perini Corporation, C.A. No. 12885-VCS (Oct. 31, 2017) - With every contract under Delaware law comes the obligation to not act so as to deprive the counter party of the benefit of its...more

FRANCHISOR 101: Arbitr-“all”

by Lewitt Hackman on

A federal court in New Jersey granted a franchisor's motion to compel arbitration of disputes involving seven frozen yogurt franchises, even though the claims were subject to different arbitration provisions in different...more

Quaker Oats Succeeds in Maple Syrup Suit

by Reed Smith on

The Central District of California granted Quaker Oats Company’s Motion to Dismiss a Consolidated Class Action Complaint on October 10. Plaintiffs alleged Quaker Oats Company was liable for labeling its “Maple & Brown...more

Second Circuit Affirms Arbitration Award Finding No Disregard Of Merger Agreement Or Manifest Disregard Of Delaware Law

by Carlton Fields on

In a summary order, the Second Circuit affirmed a judgment confirming an arbitral award of damages for breach of a merger agreement between respondents Sirona Dental Systems, Inc. and Arges Imaging Inc. (“Sirona”) and...more

Arizona Reverses Award of Punitive Damages in Bad Faith Case Again

by 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

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