Contract Terms, Compliance, Appeals

Fourth District Court of Appeal: Noncompliance with Post-Loss Requirements Is a Contract Breach, No Prejudice to Insurer Needed

Marshall Dennehey on 3/25/2025

Alton Forbes v. People’s Trust Ins. Co., Fla. 4th DCA, No. 4D2023-2375, January 8, 2025 - The Fourth District Court of Appeals ruled that the final judgment against the appellant stands because the appellant failed to comply...more

When patents expire but royalty payments don’t: contrasting U.S. and Canadian approaches to patent licensing

Smart & Biggar on 3/13/2025

How does the expiration of the patents in one jurisdiction impact global royalty payments? This question was addressed by the United States Court of Appeal’s Ninth Circuit in C.R. Bard Inc v Atrium Medical Corporation, Case...more

Does an Arbitration Agreement Require the Employer’s Signature? Read the Fine Print

Proskauer - California Employment Law on 2/7/2025

The California Court of Appeal recently reminded employers in an unpublished (but nonetheless chastening) opinion of the importance of carefully drafting arbitration agreements. In Pich v. LaserAway, LLC et al, the court...more

Sooner the Better: Employers in Canada Should Really Review Their Termination of Employment Clauses

Mintz - Employment Viewpoints on 1/30/2025

A recent Ontario Court of Appeal (“ONCA”) decision signals a pressing need for Canadian employers to review and consider updating their contractual termination of employment provisions. Otherwise, employers are at risk of...more

What to Do if Your Government Contract Is Terminated per the New DEI Executive Order

Bradley Arant Boult Cummings LLP on 1/24/2025

On January 21, 2025, President Donald Trump issued an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The executive order’s stated purpose is to end “illegal” diversity, equity,...more

New York Court of Appeals Examines the Enforceability of a Contract’s Two-Year Suit Limitation Period

Freiberger Haber LLP on 12/9/2024

In Farage v. Associated Ins. Mgt. Corp., 2024 N.Y. Slip Op. 05875 (Nov. 26, 2024) (here), the New York Court of Appeals examined the enforceability of an insurance contract’s two-year suit limitation period. In a 4-3...more

Florida Court Confirms Substantial Compliance Standard Concerning Foreclosures

Carlton Fields on 10/6/2015

The Florida Second District Court of Appeal recently issued a long-awaited opinion in Green Tree Servicing v. Milam. Until this decision, the district courts in Florida had not spoken directly on the issue of whether strict...more

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