News & Analysis as of

Diversity Jurisdiction Breach of Contract

Shook, Hardy & Bacon L.L.P.

Guijarro v. Enterprise: The Fifth Circuit Analyzes Multiple Issues Pertinent to Product-Liability Cases

The Fifth Circuit’s recent decision in Guijarro v. Enterprise Holdings, Inc., No. 21-40512, 2022 WL 2433778 (5th Cir. July 5, 2022), provides solid foundational arguments on issues pertinent in most product-liability cases....more

Lewitt Hackman

Franchisee 101: Subject Matter Mania…

Lewitt Hackman on

A federal court in Florida dismissed an action by franchisees against their franchisor for lack of subject-matter jurisdiction. The franchisees asserted claims under California and Florida laws alleging the franchisor, OR...more

Carlton Fields

Cow Manure Meets Insurance Law: Seventh Circuit Addresses Breach of Contract Exclusions in Malpractice Insurance

Carlton Fields on

Errors and omissions (E&O) and directors and officers (D&O) professional liability insurance policies commonly contain breach of contract endorsements that exclude coverage for claims “based upon or arising out of” a breach...more

Gray Reed

Louisiana Operator’s Bad Faith Does Not Preclude Recovery

Gray Reed on

Under Louisiana law, does the operator’s bad faith preclude recovery for the non-operator’s breach of a joint operating agreement if the operator caused the non-operator to breach the JOA but did not itself breach?...more

Knobbe Martens

Federal Circuit Review - September 2019

Knobbe Martens on

State Sovereignty Principles Do Not Allow a State to Bring a Patent Infringement Suit in an Improper Venue - In Board of Regents v. Boston Scientific Corp., Appeal No. 2018-1700, the Federal Circuit ruled that the patent...more

Knobbe Martens

Federal Court Lacked Jurisdiction over Contract Dispute Implicating Patent Infringement

Knobbe Martens on

INSPIRED DEVELOPMENT GROUP v. INSPIRED PRODUCTS GROUP, LLC - Before Prost, Newman, and Stoll.  Appeal from the United States District Court for the Southern District of Florida. Summary: Alleging that a contract issue...more

Holland & Knight LLP

Citizenship of Aircraft Owner Trustee Establishes Federal Court Diversity Jurisdiction

Holland & Knight LLP on

The Southern District of New York has confirmed that when the trustee of a non-citizen aircraft trust brings suit in its own name, the citizenship of that trustee may be used to establish diversity jurisdiction in federal...more

Pullman & Comley, LLC

Too Soon! First Circuit Finds No Duty To Defend Before Suit Is Filed

Pullman & Comley, LLC on

Can something short of the filing of a complaint trigger an insurer’s duty to defend? It’s not an idle question. Uncertainty on this issue could produce an unintended breach, and, in some jurisdictions, breach of the duty to...more

Carlton Fields

Court Grants Default Judgment Confirming Arbitration Award, With A Lesson On Jurisdiction

Carlton Fields on

Choice Hotels filed an application to confirm an arbitration award of over $247,000 for the alleged breach of a franchise agreement by two defendants, which failed to timely commence construction of a hotel. The defendants...more

Proskauer - New England IP Blog

Franchisee Can’t Work Its Way Out of Trademark Infringement and Breach of Contract Litigation on Jurisdictional Grounds

An out-of-state franchisee sought to escape the reach of the Massachusetts District Court in a breach of contract and trademark infringement litigation filed by its Massachusetts-based franchisor. But, the parties quickly...more

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