News & Analysis as of

Liability Indemnification Contract Terms

Cadwalader, Wickersham & Taft LLP

From Mistake to Misconduct, April 2025 - Beyond the Boilerplate

The term “boilerplate” originates from the printing industry, where “boilerplate” referred to metal plates with standardized text used for newspapers and other publications. In legal documents and contracts, boilerplate...more

Harris Beach Murtha PLLC

Have a SaaS Contract in Place? You May Need an AI Addendum

Virtually every business has signed an agreement with a software as a service (“SaaS”) provider at one time or another. And now, virtually every SaaS provider (it seems, at least) is coming out with an AI-related feature or...more

Gray Reed

Louisiana Oilfield Anti-Indemnity Act Nullifies an Indemnity Obligation

Gray Reed on

In In the Matter of Offshore Oil Services, Inc., Offshore owned and operated the M/V Anna. Offshore sued Island Operating Company for exoneration and/or limitation of liability for a personal injury claim by an employee of...more

BakerHostetler

The 5th Circuit’s Second Thoughts on Oilfield Indemnity Limitations

BakerHostetler on

The Fifth Circuit’s recent opinions in Cimarex Energy Co., et al. v. CP Well Testing, L.L.C. (2022) and Century Surety Co. v. Colgate Operating, L.L.C. (2024) provide divergent interpretations of how the Texas Oilfield...more

Marshall Dennehey

Florida’s Third District Court of Appeal Rules Insurance Carrier Had Duty to Defend

Marshall Dennehey on

Fernandez v. Old Republic Nat’l Title Ins. Co., Fla. 3d DCA, No. 3D23-1088, December 4, 2024 - The Third District Court of Appeals reversed a trial court’s ruling and ordered the insurance carrier, Old Republic National Title...more

MG+M The Law Firm

Massachusetts Supreme Judicial Court to Address the Application of the Statute of Repose to Contractual Indemnification Claims

MG+M The Law Firm on

An issue of great importance to all construction project parties, including design professionals and contractors, is pending before the Massachusetts Supreme Judicial Court (SJC). In the matter of Trustees of Boston...more

Morrison & Foerster LLP

Latest Uptier Decisions in Serta and Mitel Remind Contract Language Matters

The caselaw on “uptiers” as liability management exercises (LMEs) grew by two opinions on the last day of 2024. In Serta, the Fifth Circuit reversed the bankruptcy court’s blessing of the pre-bankruptcy uptier and...more

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