News & Analysis as of

Breach of Contract Res Judicata

Holland & Knight LLP

Dismissal of State Court Claims Bars DTSA Claim in Federal Court

Holland & Knight LLP on

By statute, judgments of state courts are entitled to the same preclusive effect in subsequent federal litigation as they would have in subsequent state court litigation. 28 U.S.C. § 1738. A recent decision by the U.S. Court...more

Farrell Fritz, P.C.

A Reminder From The Commercial Division That Disloyalty Doesn’t Pay … Literally!

Farrell Fritz, P.C. on

It is no secret that employees are often the most likely people to misappropriate an employer’s confidential information or valuable trade secrets. In this particular situation, employers have many options at their disposal,...more

McGlinchey Stafford

Is My Electronic Signature Valid? - Commercial Law Bulletin - June 10 2022

McGlinchey Stafford on

Ohio- Uniform Trade Secrets Act Sal’s Heating & Cooling, Inc. v. Bers Acquisition Co., 8th Dist. Cuyahoga No. 110685, 2022-Ohio-1756- In this appeal, the Eighth Appellate District affirmed the trial court’s decision,...more

Hogan Lovells

Paris court clarifies the scope of enforcement of awards set aside at the seat

Hogan Lovells on

In the recent decision of SGS v. Benin, the Paris Court of Appeal clarified its previous approach of accepting to enforce awards set aside at their seat, which had taken place in this case under OHADA law. However, the Court...more

McGlinchey Stafford

The Bullet Point: An Ohio Commercial Law Bulletin - Did My Behavior Ratify A Contract?

McGlinchey Stafford on

Contract Ratification- Gionino’s Pizzeria Inc. v. Reynolds, 7th Dist. Carroll No. 20 CA 0940, 2021-Ohio-1289 In this matter, the Seventh Appellate District reversed and remanded the lower court’s decision, finding that...more

K&L Gates LLP

Chancery Court Finds that Res Judicata Bars Plaintiff’S Demand for Information Rights under Merger Agreement

K&L Gates LLP on

In the Memorandum Opinion, Fortis Advisors LLC v. Shire US Holdings, Inc., No. 2018-0933-JRS (Del. Ch. Feb. 13, 2020), the Court of Chancery granted Shire US Holdings, Inc.’s motion to dismiss under the doctrine of res...more

Morris James LLP

Chancery Holds That Res Judicata Precludes Plaintiff’s Claim for Information Rights Under Merger Agreement

Morris James LLP on

Fortis Advisors LLC v. Shire US Holdings, Inc., C.A. No. 2018-0933-JRS (Del. Ch. Feb. 13, 2020) - The doctrine of res judicata bars a plaintiff from splitting claims arising from a single transaction into multiple...more

Lewitt Hackman

Court Confirms Landlord’s Right To Seek Damages In Unlawful Detainer Action And Separate Civil Action

Lewitt Hackman on

The Court of Appeal just confirmed that a landlord is not barred from recovering rent owed by a tenant in a civil action for breach of contract, even after obtaining a judgment for unlawful detainer against the tenant, so...more

Carlton Fields

Appeal it All! Guarding Against Multiple, Independent Grounds

Carlton Fields on

You’ve identified a killer issue for appeal, no doubt a winner. Congratulations! You still lose. How can that be? In Novum Structures, LLC v. Choate Construction Company, Inc., 698 Fed. Appx. 608 (11th Cir. 2017), the...more

McDermott Will & Emery

Trebled Damages Means No Injunction for Knock-Off Software

McDermott Will & Emery on

The US Court of Appeals for the Fourth Circuit affirmed in part, reversed in part and remanded a district court finding that a defendant was liable for breach of a software license agreement and therefore infringed the...more

Littler

The Funny Guy Case is No Laughing Matter: Virginia Supreme Court Applies Res Judicata in Rejecting Contract Claim

Littler on

The Supreme Court of Virginia recently issued an opinion applying the principles of res judicata to affirm the dismissal of a contract claim.  In The Funny Guy, LLC v. Lecego, LLC, No. 160242 (Feb. 16, 2017), the plaintiff...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Summer 2015

In This Issue: - The Fairness in Class Action Litigation Act of 2015 - Class Certification Decisions: ..Decisions Granting Motions to Strike/Dismiss Class Claims ..Decisions Denying Motions to...more

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