News & Analysis as of

Fees Breach of Contract

Foley & Lardner LLP

Franchisee Claims for Promissory Estoppel and Violations of the Michigan Franchise Investment Law Fail

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A recent court decision explained the circumstances under which a plaintiff may assert a claim for promissory estoppel and whether a private right of action exists for a certain alleged violation of the Michigan Franchise...more

Bennett Jones LLP

Ontario Court Denies Certification of Common Issues Due to Disconnect Between Alleged Misrepresentations and Alleged Losses

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Despite certifying the class action in Thompson-Marcial v Ticketmaster Canada LP on the basis of breach of contract, breach of legislation, conspiracy, negligence and unjust enrichment, the Ontario Superior Court declined to...more

Ballard Spahr LLP

Michigan federal court shuts down class action against Flagstar Bank for so-called “surprise overdraft” fees and multiple NSF fees...

Ballard Spahr LLP on

On April 16, 2024, the U.S. District Court Judge Gershwin A. Drain in the Eastern District of Michigan granted summary judgment in favor of Flagstar Bank (the “Bank”) in a case where the plaintiff alleged breach of contract...more

Oliva Gibbs LLP

The Force (Majeure) May Not Be So Strong in This One

Oliva Gibbs LLP on

In a recent lawsuit, an oil producer claims significant monthly losses due to a forced pipeline shutdown, alleging the pipeline company violated their contract by failing to adhere to U.S. laws and ensure operational...more

Pierce Atwood LLP

There’s No Tying in Litigation - Factors to Determine the Winner for Fee Shifting Provisions

Pierce Atwood LLP on

Deciding whether to include a prevailing party attorneys’ fee provision in a contract is important, as doing so has significant risk and cost implications of litigation. Prevailing party provisions foster dispute...more

Holland & Knight LLP

New Law Immunizes Massachusetts Colleges, Universities from Spring 2020 Tuition Refund Claims

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Massachusetts colleges and universities received some good news recently as Gov. Maura Healey signed a bill that limits their liability for certain tuition and fee refund claims arising from the COVID-19 pandemic....more

Foley & Lardner LLP

Court Looks at What a Franchise Is Under the Minnesota Franchise Act

Foley & Lardner LLP on

In Louis Degidio, Inc. v. Industrial Combustion, LLC, Louis Degidio, Inc. (Degidio) and Louis Degidio Services, Inc. (Degidio Services) sued Industrial Combustion, LLC (IC), a manufacturer of “institutional boiler system”...more

Bradley Arant Boult Cummings LLP

The American Rule Stands? Appellate Court Remands for Prevailing Party to Segregate Between Recoverable and Non-Recoverable Fees

Another week, another fee-shifting case. This ones involves a 28-unit condo project in the Houston Heights neighborhood of Houston (see 2017 Yale Development, LLC v. Steadfast Funding, LLC, 2023 WL 3184028 (Tex. App. May 2,...more

Husch Blackwell LLP

Federal Court Allows Class Action on Deposit Account Fees to Proceed

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A New York federal court has largely denied a state credit union’s motion to dismiss a class action lawsuit regarding non-sufficient funds (NSF) fees, overdraft fees, and out-of-network ATM fees. See Fairchild-Cathey v....more

Stinson LLP

FDIC Requiring NSF Fee Refunds in Examinations

Stinson LLP on

Last month, the latest class action regarding bank-charged returned payment fees passed a motion to dismiss in Mawyer v. Atl. Union Bank. This comes on the heels of the Federal Deposit Insurance Corporation (FDIC)'s recent...more

Kilpatrick

Eleventh Circuit: putative class action may proceed against airline that did not disclose fee in its customer contracts

Kilpatrick on

Takeaway:  Adhesion contracts have become ubiquitous in modern internet commerce, and we have written a number of articles about how businesses prepare their on-line contracts to shield themselves from liability generally and...more

Cozen O'Connor

If Your Condo or Coop Utilizes CSC ServiceWorks, Inc., Act Now for Class Action Benefits

Cozen O'Connor on

If your condo or coop utilizes CSC ServiceWorks, Inc. (CSC) for laundry services, your condo or coop may be able to benefit from a class action settlement if you act now. A class action suit against laundry machine services...more

Cadwalader, Wickersham & Taft LLP

The Delaware Court of Chancery Enforces Clear and Unambiguous Terms of Merger Agreement in Finding Termination Fee Provision Did...

The Delaware Court of Chancery’s recent decision, Genuine Parts Company v. Essendant Inc., provides a helpful reminder that Delaware courts will enforce the clear and unambiguous terms of a merger agreement, and will consider...more

Fox Rothschild LLP

Bloom Hergott LLP In Depp Trouble After Court Finds Oral Fee Agreement Unenforceable

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Johnny Depp won a major battle last week in his war against his former attorneys Bloom Hergott LLP. The firm alleged that it was entitled to a percentage of Depp’s gross entertainment earnings pursuant to an oral fee...more

A&O Shearman

Early repayment fees, extension fees and double interest provisions in loan agreement not penalties

A&O Shearman on

Early repayment fees, extension fees and double interest provisions in agreements relating to a loan did not fall foul of the English law rule against penalties. The case shows how the principles set out by the Supreme...more

Holland & Knight LLP

Religious Institutions Update: January 2018 - Lex Est Sanctio Sancta

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Timely Topics - By Shannon B. Hartsfield - The U.S. Department of Health and Human Services (HHS) announced on Jan. 18, 2018, the creation of a new division within its Office for Civil Rights (OCR). OCR is described as...more

Cozen O'Connor

Estée Lauder v. OneBeacon Insurance Group – Expanding the Scope of Discovery in Bad Faith Cases

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On April 15, 2013, the Supreme Court of the State of New York, County of New York, granted the insured’s request for the production of certain claims file material and previously sealed discovery in Estée Lauder Inc. v....more

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