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Breach of Contract › Litigation Strategies › Evidence

Farrell Fritz, P.C.

Persistence, Procedure, and Default: Lessons from ACM MCC VI LLC v. Able Liquidation Three & Thomas Rossi

Farrell Fritz, P.C. on

On April 29, 2025, the Justice Robert R. Reed of the Commercial Division of the Supreme Court of New York County issued a significant ruling in ACM MCC VI LLC v. Able Liquidation Three, Thomas Rossi, et al., granting a...more

Foley & Lardner LLP

Federal Court Rejects FCA’s “65%-100%” Language as Insufficient to Constitute the Necessary Quantity Term in a Requirements...

Foley & Lardner LLP on

A recent federal court decision marks an important win for automotive suppliers in the ongoing debate over what constitutes a valid requirements contract under Michigan law following the Michigan Supreme Court’s decision in...more

Bradley Arant Boult Cummings LLP

Don’t Be a Junkyard Dog: Put Your Agreements in Writing!

Bradley Arant Boult Cummings LLP on

A federal judge in Louisiana has dished out some harsh criticism of contractors who don’t reduce their contracts to writing. The case involves the decommissioning of 26 orphaned oil and gas wells near Baton Rouge. The...more

McDermott Will & Emery

Sour Grapes: Attorney’s Oral Agreement Might Be Okay if Fair, Just, and Fully Advised

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The US Court of Appeals for the Ninth Circuit found that a district court erred in declaring on summary judgment that an attorney had no ownership interest in a winery because the alleged agreement was made orally. The Ninth...more

Farrell Fritz, P.C.

A Cautious Reminder When Responding to a Rule 19-a Statement of Material Facts on a Motion for Summary Judgment

Farrell Fritz, P.C. on

Although discretionary, it is well-known among commercial practitioners that the Commercial Division justices generally like a Rule 19-a statement of material facts included with the submission of a summary judgment motion....more

Bradley Arant Boult Cummings LLP

General Contractor Defeats Owner’s Notice Argument and Prevails in Seattle Condo Dispute

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The Washington Court of Appeals recently affirmed a jury verdict and $30 million judgment for general contractor Skanska. The case involves the construction of the 41-story Nexus condominium tower in downtown Seattle. As is...more

Shutts & Bowen LLP

Recent Florida Court Decision Provides Important Lesson on Construction Defect Damages

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The recent Florida appellate case of Bandklayder Development, LLC v. Sabga provides an important lesson regarding damages for construction defects – that damages for construction defects must be proven based on costs of...more

Freiberger Haber LLP

Giving Two Contract Provisions Their Intended Meaning

Freiberger Haber LLP on

Under New York law, written agreements are construed in accordance with the parties’ intent. “The best evidence of what parties to a written agreement intend is what they say in their writing.” As such, “a written agreement...more

Esquire Deposition Solutions, LLC

Technology Is No Substitute for Careful Planning of International Depositions

Esquire Deposition Solutions, LLC on

No doubt remote deposition technology is compelling. Not only can remote depositions lower litigation spending and free up valuable attorney hours, they offer litigators the ability to efficiently depose witnesses located...more

Carlton Fields

The Insurer’s Howler, or How Travelers Proved Its Insured’s Case

Carlton Fields on

What happens when an insurer presents evidence at trial that supports the insured’s case? Answer: The evidence can be used to sustain the jury verdict for the insured-plaintiff. That is the lesson learned by Travelers in the...more

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