News & Analysis as of

Contract Terms Appeals Contract Disputes

Baker Botts L.L.P.

Seeking Royalties Beyond Patent Expiration: A Refreshed Look at Patent Misuse

Baker Botts L.L.P. on

Key Takeaway: A recent Ninth Circuit decision in C.R. Bard v. Atrium reinforces the long-standing Brulotte rule against post-expiration patent royalties but clarifies that courts should assess this strictly as a legal...more

Fenwick & West LLP

Ninth Circuit Reinforces Stricter Standards for Online User Agreements

Fenwick & West LLP on

On April 15, 2025, the Ninth Circuit issued a second decision in less than two months regarding the enforceability of a “sign-in wrap agreement,” which links users to a website’s terms of service....more

BCLP

Does “Back to Back” Mean “Pay When Paid” in Construction Contracts?

BCLP on

In Sze Fung Engineering Limited v Trevi Construction Company Limited [2025] HKCA 278, the Hong Kong Court of Appeal (“CA”) ruled that the “back to back” wording in that case was not a “pay when paid” clause, but governed only...more

McGinnis Lochridge

Tackling Free-Use and At-The-Well Royalties

McGinnis Lochridge on

This lease royalty case involved a dispute over whether the lessee was permitted to deduct volumes of gas used off the premises to power post-production activities on other gas produced from the same well. Carl v. Hilcorp...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Instructions, Price Evaluation, Standing

This month’s bid protest roundup highlights three protest decisions released by the Government Accountability Office (GAO) and the Court of Appeals for the Federal Circuit (Federal Circuit) in March. The first discusses an...more

Fuerst Ittleman David & Joseph

Subrogees Beware—You Can Be Compelled to Arbitrate as Third-Party Beneficiaries to an Arbitration Agreement

Cases requiring non-signatories to an arbitration agreement to arbitrate are not uncommon. Cases compelling subrogees to arbitrate, not because of an insurance policy but because of another contract, are less common. In...more

Blake, Cassels & Graydon LLP

Interprétation des dispositions relatives au licenciement : Approches distinctes des tribunaux de la Colombie-Britannique et de...

Aperçu - Il est de plus en plus difficile pour les employeurs de déterminer si les dispositions relatives au licenciement incluses dans leurs contrats d’emploi seraient jugées exécutoires advenant leur contestation devant...more

A&O Shearman

DBS, delay and decoding conditions precedent

A&O Shearman on

The Court of Appeal has dismissed a claim by the UK Home Office's Disclosure and Barring Service for over GBP1.5 million worth of delay payments against its IT supplier Tata. The contract contained a condition precedent to...more

Davis Wright Tremaine LLP

Not To Be Heard: CBCA Dismisses a Contractor's Appeal of a Termination for Convenience for Lack of Jurisdiction

At a time when government agencies are terminating contracts for convenience at an increasingly high rate, a recent decision by the U.S. Civilian Board of Contract Appeals in Blankson v. Agency for International Development,...more

Gray Reed

Marcel Exception to Louisiana Oilfield Anti-Indemnity Act Clarified

Gray Reed on

An understanding of Willis v. Barry Graham Oil Service LLC requires knowledge of two principles underlying the Louisiana Anti-Oilfield Indemnity Act: The LOAIA bars an oilfield agreement to the extent that the agreement...more

Bowditch & Dewey

Sometimes an Offer to Purchase Is just an Offer to Purchase

Bowditch & Dewey on

The question of enforceability of an offer to purchase real estate was addressed by the Massachusetts Appellate Court in McCarthy v. Young, 105 Mass. App. Ct. 203 (2025). In this case, the buyer offered to purchase real...more

A&O Shearman

Earnout submissions challenged

A&O Shearman on

The High Court has ruled that earn-out calculations, emailed by the buyer to the sellers in relation to a share sale, were not validly communicated. Earnout calculations and notice provisions - Under an earnout provision...more

McGinnis Lochridge

Who Can Enforce Surface Provisions in an OGL?

McGinnis Lochridge on

Unitex WI, LLC v. CT Land & Cattle Co., LLC, No. 07-23-00390-CV, 2024 WL 3249338 (Tex. App.—Amarillo June 28, 2024, pet. filed)...more

Warner Norcross + Judd

Federal Trial Court Rules That Standard Stellantis Contract Terms Do Not Create an Enforceable Requirements Contract

Warner Norcross + Judd on

Automotive contract law keeps evolving, and suppliers will need to continuously assess how these changes will impact them. As we previously reported, last summer, the United States Court of Appeals for the Sixth Circuit...more

McGinnis Lochridge

Winter Storm Uri and Force Majeure: The Legal Battles Continue

McGinnis Lochridge on

Winter Storm Uri sent shockwaves through Texas, freezing gas supplies at a time of critical need and plunging the state into widespread power outages. In the aftermath, the courts have been flooded with force majeure claims,...more

Bradley Arant Boult Cummings LLP

Recovering Attorneys’ Fees in Connection with Termination Settlement Proposals

When a government contract is terminated for convenience, contractors may find themselves navigating the complex process of preparing a termination settlement proposal. One critical consideration that often arises is whether...more

Mayer Brown

English Court of Appeal Rules on "Loss of Anticipated Profits" Exclusion Clause

Mayer Brown on

The Court of Appeal recently considered whether a clause excluding claims for "loss of anticipated profits" prevented the claimant from bringing a claim for loss-of-profit damages stemming from an alleged breach of contract....more

Frost Brown Todd

Clicking Has Consequences: Fourth Circuit Rules Streaming Service’s Arbitration Clause in Website Registration Is Enforceable

Frost Brown Todd on

Proponents of arbitration received a victory in federal court this past Tuesday when the U.S. Court of Appeals for the Fourth Circuit issued its published decision in Dhruva v. CuriosityStream, Inc. ...more

Carlton Fields

New York Court of Appeals Upholds Web-Based “Clickwrap” Agreement to Affirm Order Compelling Arbitration, Including Threshold...

Carlton Fields on

In January 2021, Uber emailed millions of its users informing them that they would be prompted to agree to updated terms of use (available by hyperlinks) in order to continue using the ride-sharing service. The plaintiff, a...more

Bradley Arant Boult Cummings LLP

What to Do If the Government Doesn’t Pay You as a Federal Contractor

Winning a federal contract can be a significant opportunity, but what happens if the government doesn’t pay you on time — or at all? While the federal government is typically a reliable payer, delays or disputes can arise,...more

Lathrop GPM

New Jersey Appellate Court Confirms Terminated Retailer Is Not in a Franchise Relationship with Manufacturer

Lathrop GPM on

A New Jersey appellate court affirmed a state trial court’s ruling that a terminated retailer of custom outdoor kitchens was not in a franchise relationship with a manufacturer of outdoor grills and that the New Jersey...more

Baker Botts L.L.P.

Don't Get Caught Out: When English Limitation Periods Can Trump Your Contract's Governing Law

Baker Botts L.L.P. on

The High Court’s recent decision in Djanogly v. Djanogly [2025] EWHC 61 (Ch) is a rare example of a successful challenge to an arbitration award under s.68 of the Arbitration Act 1996. It also highlights a feature of...more

Frantz Ward LLP

Oral Contract and Invalid Lien Spell Trouble for Contractor

Frantz Ward LLP on

Speedy Maintenance, LLC v. Windsor Tower, LLC, 2024-Ohio-5841 (2d Dist.) is a recent case concerning a dispute over repairs to a parking garage where Ohio’s Second District Court of Appeals confronted issues....more

Bradley Arant Boult Cummings LLP

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

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

Bradley Arant Boult Cummings LLP

5th Circuit Rules Intent to Arbitrate Trumps Defunct Forum

The Fifth Circuit ruled that Baker Hughes Saudi Arabia and Dynamic Industries, Inc., could be compelled to arbitration in a forum that no longer exists. In doing so, the court ruled that the parties’ “dominant purpose was to...more

72 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide