News & Analysis as of

Breach of Contract › Willful Misconduct

Venable LLP

California Supreme Court Finds Parties Cannot Contract Away Liability for Willful Injury

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On April 24, 2025, the California Supreme Court held that contract clauses that limit damages for injuries caused by willful tortious conduct are prohibited by Section 1668 of the California Civil Code....more

Clark Hill PLC

California Supreme Court holds that limitations of liability provisions are unenforceable for willful conduct under Civil Code...

Clark Hill PLC on

In response to a request from the Ninth Circuit Court of Appeals to interpret the scope of California Civil Code section 1668 and its rule that parties may not contract away liability for “willful injury to the person or...more

Foley & Lardner LLP

Putting the Uniformity Back in the Uniform Trade Secrets Act: Sixth Circuit Rules Breach of Contract Claims Can Still Be Used to...

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Trade secrets are the lifeblood of any business. Across industries and states, companies safeguard a wealth of critical information that provides a competitive edge. Perhaps the most famous example is Coca-Cola’s secret...more

McGlinchey Stafford

Do I Have Standing Under the TCPA? - McGlinchey Commercial Law Bulletin - July 11, 2023

McGlinchey Stafford on

Standing- Dickson v. Direct Energy, LP, 6th Cir. Case No. 22-3394. In this putative class action, the appellant appealed the district court’s decision to dismiss his Telephone Consumer Protection Act (TCPA) claim for...more

Bradley Arant Boult Cummings LLP

Willful or Wanton Conduct Not Enough to Overcome Economic Loss Rule Says Colorado Court

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n Mid-Century Insurance Co., v. HIVE Construction, Inc., a Colorado court of appeals recently reversed the decision of a lower court that had refused to apply the economic loss rule to a negligence claim alleging wanton or...more

Wiley Rein LLP

DOJ Leverages Government Ethics Statute in Civil False Claims Suit

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WHAT: The U.S. Department of Justice (DOJ) filed a six-count Complaint against a federal contractor, Intelligent Fiscal Optimal Solutions, LLC (iFOS), in the District of Maryland, alleging three violations of the Civil False...more

Weintraub Tobin

Real Estate Contracts: The Complex and Often Overlooked Indemnity Clause

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“Let’s leave that to the lawyers.” It’s a familiar refrain that I hear often as contract negotiations drag on between parties. After the primary deal points in a contract have been agreed upon, many clients believe that the...more

Mayer Brown

Limitations on Liability Exceptions – Interplay between Contract Terms and Legal Principles

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In contracts, parties typically seek to limit their liability to each other, both in terms of the types of damages or actions for which a party will have liability and the amount of damages that can be recovered, as well as,...more

Adams & Reese

Redefining Willful Misconduct: Texas Appellate Court Announces a New, Lower Standard

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In Apache Corp. v. Castex Offshore, Inc., the Texas Fourteenth District Court of Appeal announced that showing an oil-and-gas operator’s “willful misconduct” under an operating agreement’s exculpatory clause does not require...more

Gray Reed

What is “Willful Misconduct” in Texas and Louisiana?

Gray Reed on

Apache Corporation v. Castex Offshore Inc. et al, answers the question, What constitutes willful misconduct in oil field operations? This was a breach of contract suit involving operator Apache and non-operator Castex....more

Lowenstein Sandler LLP

In The Know: The Lowenstein Insurance Recovery Group’s Tip Of The Month - April 2021

Lowenstein Sandler LLP on

There is a common misconception that claims for intentional conduct are not covered under your insurance policy. In fact, insurance policies commonly provide coverage for intentional misconduct. For example, directors and...more

K&L Gates LLP

Case Alert: No Implied Duty to Disclose Allegations of Misconduct in Absence of Express Contractual Obligation

K&L Gates LLP on

What happened? In The Basildon Academies v Amadi, the Employment Appeal Tribunal (the "EAT") decided that an employee was not under an implied duty to disclose allegations of misconduct to his employer where there was no...more

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