Podcast: The Briefing by the IP Law Blog: 9th Circuit Agrees with Woz – No Promise to Pay, No Desny Claim
The Briefing by the IP Law Blog: 9th Circuit Agrees with Woz – No Promise to Pay, No Desny Claim
The High Court has given a useful reminder of how stringent the test for implying a term into a contract is. On the facts, a promise that a yacht was seaworthy meant exactly that, even if the underlying fault started earlier....more
Buttonwood Tree Value Partners, L.P. v. R.L. Polk & Co. Inc., C.A. No. 9250-VCG (Del. Ch. Dec. 29, 2023) - To state a claim for unjust enrichment, a plaintiff must adequately plead: (1) an enrichment; (2) an...more
The recent Reilly v. Wozniak 9th Circuit decision upheld a 1950s ruling that requires a promise to pay to be present for an implied contract to exist. Scott Hervey and Josh Escovedo discuss this case and how the Desny...more
A December 2021 breach of Lakeview Loan Servicing’s customer data has led to another proposed class action against the company in the U.S. District Court for the District of South Carolina. The breach affected the personal...more
On March 30, 2022, three judge panel of the Third Circuit Court of Appeals unanimously overruled prior precedent allowing “implied” contracts to survive the expiration of a written agreement. The instant panel held, instead,...more
Texas Contracts - Texas law recognizes written contracts and oral contracts. However, there are other categories of contracts that may have implications under the law. Texas law recognizes the following four types of...more
A recent U.S. Court of Appeals for the Federal Circuit (Federal Circuit) decision provides unsuccessful government contractors yet another avenue to pursue a bid protest. Notably, the Federal Circuit resolved the looming...more
A California appellate court just held that mandatory service charges added by banquet facilities to their contracts may need to be paid to banquet service employees essentially as a form of a gratuity. The October 31, 2019...more
The latest Fifth Circuit opinion in Seeligson v. Devon Energy Production, L.P. is the latest round in a class action that has been developing since 2014....more
On June 28, 2018, Adidas released a statement announcing that it recently “became aware that an unauthorized party claims to have acquired limited data associated with certain Adidas consumers.”...more
No matter how small it seems to you, if your company offers a reward to consumers as encouragement to market your goods or services, then your company should not remove or expire that reward without notice and a rational...more
Employees and their counsel have been very aggressive in attempting to couch employment claims as state-law matters and filing claims in state court instead of federal court to try to avoid the federal judiciary. For various...more