Fraud, Contract Terms, Contract Disputes

Under New York Law a Recourse Provision Bars Most Claims Except for Fraud

Robinson+Cole Construction Law Zone on 3/12/2025

In Iberdrola Energy Projects v. Oaktree Capital Management L.P., 231 A.D.3d 33, 216 N.Y.S.3d 124, the Appellate Division for the First Department ruled that a nonrecourse provision in a contract barred a plaintiff’s causes of...more

Summary Judgment Ruling in Complex Contract Dispute Addresses Issues from A (Admiralty) to W (Warranty) and Many in Between

Troutman Pepper Locke on 1/30/2024

In a case involving a fact pattern that could be on a law school exam, EDVA Judge Mark Davis provides a detailed analysis of a series of issues in a complex dispute between a yacht owner and a marine engine manufacturer. What...more

Fifth Circuit Affirms Dismissal and Summary Judgment on Distributor’s Claims for Fraud and Breach of Contract Against Manufacturer

Lathrop GPM on 8/14/2023

The Fifth Circuit Court of Appeals affirmed a Texas federal court’s (i) dismissal of a distributor’s fraud claims against an automobile-product manufacturer and (ii) grant of summary judgment in favor of the manufacturer on...more

Avoiding Buyer’s Remorse in M&A Deals

Latham & Watkins LLP on 5/12/2023

Changing market dynamics have led buyers to assess available options to address post-closing target company issues. Amid the buoyant market of 2021 and early 2022, compressed deal timelines and frenzied competition...more

Real-World Litigation Impacts of Contract Clauses in Energy Contracts: The Importance of Carefully Crafting Disclosure Schedules

Morgan Lewis - Power & Pipes on 3/10/2023

Care and diligence must be used when crafting disclosure schedules in merger and acquisition documents. Unclear or incomplete disclosure schedules can have drastic implications for future litigation. Poorly crafted disclosure...more

The California Supreme Court (and Court of Appeal) - August 2, 2022

Dorsey & Whitney LLP on 8/4/2022

We are spotlighting a published California Court of Appeal decision on rehearing for its analysis on contract and fraud claims arising out of a real estate transaction. The California Court of Appeal, Fourth Appellate...more

Complex Commercial Litigation Law Review, 4th Edition - England & Wales

Latham & Watkins LLP on 1/5/2022

Litigation is, on one analysis, all about telling stories to impartial decision makers. Complex commercial litigation means that those stories are more detailed, more involved and more intricate. That means that telling the...more

Howsoever Denominated, This Was Not Promissory Fraud

Allen Matkins on 1/4/2022

Parties exchange drafts of a contract and before signing one party surreptitiously substitutes provisions in the copy to be executed. Some might call this "promissory fraud", but as Justice William Dato explains in an...more

A Limitation-Of-Liability Clause May Or May Not Be Enforceable For Breach Of Fiduciary Duty Claims

Winstead PC on 9/13/2021

Parties often add limitation-of-liability clauses to their agreements. These types of clauses can purport to limit a party’s claims or damages or both. ...more

Why Ask For An Opinion That A Contract Has Been Delivered?

Allen Matkins on 10/29/2020

California Civil Code Section 1550 provides that only four elements are "essential" to the existence of a contract...more

Dismissing Fraud Claims, Judge Davis Rules Party’s Statement of Reasons or Motives Underlying Bargaining Position Constitutes...

Nutter McClennen & Fish LLP on 3/10/2020

In Metal Seal Precision, Ltd. v. Sensata Technologies, Inc., Metal Seal sued Sensata for allegedly breaching the parties’ Memorandum of Understanding (MOU), which required Sensata to purchase minimum quantities of metal...more

Buyer Beware: Court Upholds Punitive Damages Waiver in Case Alleging Fraud for "New" Aircraft Sale

Vedder Price on 5/23/2019

In a recent decision, the Texas Supreme Court upheld a contractual waiver of punitive damages despite a finding of fraud by the seller in the sale of a supposedly new aircraft that instead contained used and repaired engines....more

Complex Commercial Litigation Law Review – France

Latham & Watkins LLP on 1/10/2019

Complex commercial litigations often stem from disputes arising out the conclusion, interpretation or performance of a contract leading the litigants to refer to the contractual provisions and to statutory law supplemented by...more

“But I didn’t know what I was signing….”

Snell & Wilmer on 5/30/2018

In real estate cases—which frequently involve long purchase agreements, loan documents, personal guarantees, deeds of trust, etc.—we’ve likely all had a client or opposing party who trots out the line that they didn’t know...more

Federal District Court in South Dakota Compels Arbitration Despite Defendant’s Failure to First Submit the Dispute to the Project...

Troutman Pepper Locke on 9/14/2017

Dlorah, Inc. v. KLE Constr., LLC, No. CIV. 16-5102-JLV, 2017 U.S. Dist. LEXIS 11043 (D.S.D. July 17, 2017) - Plaintiff, Dlorah, Inc. (“Dlorah”), filed suit against defendant, KLE Construction, LLC (“KLE”), in connection...more

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