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Punitive Damages Limitation of Liability Clause

Willcox & Savage

Limiting Exposure: Limitation of Liability Clauses in Commercial Contracts

Willcox & Savage on

Occasionally considered part of the legal “boilerplate”, the “limitation of liability” clause is an important provision in any commercial contract, and companies should carefully consider several issues when drafting and...more

Buchalter

Should You Include a Limitation of Liability Provision in Your Next Contract?

Buchalter on

Having a well-drafted contract is one of the most important acts you can take to minimize your risks. As such, you should consider including in your next contract a limitation of liability for consequential and punitive...more

Vedder Price

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

Vedder Price on

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

Kilpatrick

Texas Supreme Court Upholds Contractual Waiver of Punitive Damages

Kilpatrick on

Seven days ago, the Texas Supreme Court had an opportunity to decide on the issue of a contractual waiver of punitive damages in a case alleging fraud. This case was based on a transaction involving the purchase of a new...more

Chambliss, Bahner & Stophel, P.C.

A Basic Primer on Damages Terms in Contracts

When entering into arrangements with clients or engaging vendors, startup companies may be faced with a confusing array of contractual terms, including terms that reference various types of damages. Such terms are worthy of...more

Holland & Knight LLP

Florida Court Compels Arbitration Against Nursing Home Despite Flawed Agreement

Holland & Knight LLP on

A South Florida court of appeal compelled arbitration against a nursing home in a negligence lawsuit after upholding a severability clause despite an unenforceable cap on non-economic damages and prohibition on punitive...more

Troutman Pepper

Preventing Limitation of Liability End-Runs

Troutman Pepper on

Owners who are dissatisfied with their contractors’ performance increasingly assert fraud-based claims in addition to breach of contract claims because fraud-based claims are not typically barred by contractual waivers and...more

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