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Breach of Contract › First Impression

Kerr Russell

“Materially Altered”: Michigan Court of Appeals Rules That Forum Selection Clause Added to Invoice Can’t be Enforced

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You’re spending your day off on Luna Pier beach in Monroe County, Michigan. You’ll swim in the morning, get lunch at Gander’s Family Restaurant, and rent jet skis in the afternoon. That morning, however, you wake up and...more

Amundsen Davis LLC

Missouri Court Rejects Impossibility Defense During COVID-19

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In a case of first impression, (Premier Valet, LLC v. Premier Valet Services, LLC, et al.), the Missouri Court of Appeals, Eastern District, considered the viability of the “impossibility defense” in regard to the COVID-19...more

Carlton Fields

The Eleventh Circuit Weighs In On The Intersection Of Arbitration And Class Action Jurisprudence

Carlton Fields on

On September 19th, the Eleventh Circuit Court of Appeals resolved a question of first impression in the circuit: whether the availability of the class action mechanism is a question of arbitrability that presumptively should...more

Ballard Spahr LLP

Arizona Supreme Court Addresses Statute of Limitations for Debt Buyers

Ballard Spahr LLP on

Addressing an issue of first impression in Arizona, the Arizona Supreme Court recently held that the statute of limitations on a credit card debt subject to an optional acceleration clause commences "when the debtor first...more

Troutman Pepper Locke

Massachusetts Supreme Court Declares That State Contract Principles, Not Federal Precedent, Govern The Interpretation Of...

Troutman Pepper Locke on

A.L. Prime Energy Consultant, Inc. v. Mass. Bay Transport Auth., 479 Mass. 419 (May 2, 2018) - In a case of first impression, the Massachusetts Supreme Court held that general contract principles, and not federal case law,...more

Dickinson Wright

Government Claims Against Contractors and Developers Subject to Statute of Repose Filing Deadlines, Arizona Court of Appeals Rules

Dickinson Wright on

In a matter of first impression, the Arizona Court of Appeals recently ruled that government claims against contractors and developers are subject to the time limits set forth in the Construction Statute of Repose. The...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - October 2015

Proskauer Rose LLP on

Editor's Overview - This month, we review the Second Circuit's ruling in New York State Psychiatric Ass'n, Inc. v. UnitedHealth Grp. wherein the Second Circuit ruled that: (i) a provider association has associational...more

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