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Common Law Claims Breach of Contract

Akin Gump Strauss Hauer & Feld LLP

Contract Is (Still) King - Update on the UK Supreme Court’s Decision in RTI Ltd v MUR Shipping BV

Key Takeaways - In the words of the UK Supreme Court, the decision in RTI v MUR raised “fundamental points of principle” that could, in theory, apply to all force majeure clauses. Our top three takeaways are: Unlike the...more

Sheppard Mullin Richter & Hampton LLP

Delaware Court of Chancery Holds that a Contractual Delaware Choice of Law Provision Did Not Waive Plaintiff’s Claim Under the...

In Swipe Acquisition Corp. v. Krauss, CA No. 2019-0509-PAF, 2021 WL 282642 (Del. Ch. Jan. 28, 2021), the Delaware Court of Chancery held that California public policy prohibited a purported waiver of a contractual party’s...more

Goulston & Storrs PC

Law of the Land – Real Estate Litigation Newsletter - February 2021, Volume 1, Issue VI

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CASES OF NOTE THE SECRET'S OUT Victoria’s Secret Stores, LLC v. Herald Store Owner LLC, 70 Misc. 3d 1206(A) (N.Y. Sup. Ct. Jan. 7, 2021) A New York court recently held that a retailer’s closure due to a state law imposed...more

Pillsbury Winthrop Shaw Pittman LLP

Tour de Force: Force Majeure in Civil Law Jurisdictions – A Superior Force Majeure Doctrine?

As COVID-19-related force majeure litigation continues to arise in both common and civil law jurisdictions, we take a first look at the approach to force majeure in civil law jurisdictions as compared to the common law...more

Pillsbury Winthrop Shaw Pittman LLP

Tour de Force: The Impact of a Force Majeure Clause (or Lack Thereof) on Other Excuse Doctrines

What impact, if any, does a force majeure clause (or absence of one) have on common law excuse doctrines such as impossibility and frustration of purpose? A party who chooses to omit a force majeure clause from a contract...more

Saul Ewing LLP

Eastern District of Pennsylvania Dismisses Statutory and Common Law Bad Faith Claims Against Insurer Where Insured Failed to...

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Richard McDonough suffered serious injuries to his neck and spine as a result of an automobile accident. The insurer of the driver who caused the accident settled with McDonough for the driver’s full policy amount of...more

Bass, Berry & Sims PLC

Chris Lazarini Examines Accrual of Indemnitor Liability

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Bass, Berry & Sims attorney Chris Lazarini examined a case in which a mortgage company sued a bank under the indemnity clause of the parties loan purchase agreement. The bank sought dismissal on statute of limitations...more

Troutman Pepper

California Supreme Court Clarifies That “Right To Repair Act” Is Exclusive Remedy For Both Economic Loss And Property Damage...

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McMillin Albany LLC v. Superior Court, No. S229762, 2018 Cal. LEXIS 211 (Jan. 18, 2018) - Several homeowners (“Plaintiffs”) brought suit against developer/general contractor McMillin Albany LLC (“McMillin”) for alleged...more

Jackson Walker

Dallas Court of Appeals Reverses Landmark Judgment on Common Law Partnership and Joint Venture Claims

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On July 18, 2017, the Dallas Court of Appeals issued its long-awaited decision in Enterprise Products Partners, L.P. v. Energy Transfer Partners, L.P., reversing the Dallas County District Court’s judgment that awarded ETP...more

Gray Reed

Oil Field Contamination Award Upheld

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Forest Oil Corporation v. El Rucio Land and Cattle Inc. et al deserves your attention for four reasons: You won’t see another one involving damage to a rhinoceros pen...more

Saul Ewing LLP

Eastern District of Pennsylvania Dismisses Bad Faith Claims in Two Recent Decisions Where Plaintiffs Made Only Conclusory...

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Mittman v. Nationwide Affinity Insurance Co., No. 16-04658 (E.D. Pa. Apr. 10, 2017) - Jeremy Mittman’s car was rear-ended in a hit-and-run incident and both Mittman and his son sustained significant injuries. Mittman...more

Zelle  LLP

How Appraisal Protects Against Texas Insurance Code Abuse

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Insurance practice in Texas has become somewhat rote. Typically, a petition is filed against both an insurance company (that is often not based or incorporated in Texas) and a local adjuster. In addition to a breach of...more

Fisher Phillips

Establishing Personal Jurisdiction Over Remote Employees

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According to a recent Gallup poll, thirty-seven percent (37%) of U.S. workers report that they telecommute or otherwise work remotely. Indeed, due to advances in technology, many employees never report to an office of their...more

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