News & Analysis as of

Settlement Contract Terms

BCLP

Settlement Showdown - Have You Really Settled Your Claim?

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In Bin Obaid v Al-Hezaimi [2024] EWCA Civ 612, the Court of Appeal upheld a High Court decision in finding that subsequent claims did not fall within the scope of claims which were released under an earlier settlement deed....more

Haug Partners LLP

DexCom, Inc., v. Abbott Diabetes Care, Inc.: Federal Circuit Finds Forum Selection Clause Does Not Bar IPR Proceedings Based on...

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In DexCom, Inc., v. Abbott Diabetes Care, Inc., 89 F.4th 1370 (Fed. Cir. 2024), the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s denial of a preliminary injunction, finding that a patentee could...more

Amundsen Davis LLC

Third-Party Litigation Financing and Illinois’ Attempt to Regulate Has Implications for the Transportation Industry

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Third-party litigation financing is something defendants, and the transportation industry in particular, will likely increasingly see in lawsuits filed in Illinois. Generally, third-party litigation financing or funding is...more

BakerHostetler

Supreme Court will not review judgment-sharing agreement among defendants in Broiler Chicken Case

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In its Jan. 8 order list, the Supreme Court declined to hear an appeal concerning a “judgment sharing agreement” among major U.S. meat-supplier defendants in the Broiler Chicken antitrust case (In re Broiler Chicken Antitrust...more

Goodwin

SEC Announces the First Enforcement Action under the New Marketing Rule

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The U.S. Securities and Exchange Commission (the “SEC”) announced on August 21, 2023 that it has settled with a FinTech registered investment adviser (the “Adviser”) that offers multiple investment strategies, including a...more

Marshall Dennehey

Superior Court: Yes, We Actually Mean Actual Authority for an Actual Settlement of a Civil Case

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Driscoll and King were partners in a venture operating a restaurant. Their relationship soured, and so as not to sour matters for their customers, they sought to separate amicably. The deal was to be that King would buy out...more

Maron Marvel

Contractual Additional Insureds – What Coverage? The Texas Supreme Court Weighs In

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Primary and excess insurance carriers and their counsel need to pay close attention to a new Texas Supreme Court case Exxon Mobil vs. National Union Fire Insurance Company of Pittsburgh Pennsylvania and Starr Indemnity &...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 4, April 2023

Tech Vendors and Cybersecurity – Are They Responsible? It has long been recommended that when you contract with a technology vendor that you include an indemnity clause in the contract wherein the vendor will indemnify you...more

Manatt, Phelps & Phillips, LLP

[Webinar] Automatic Renewal Laws: Everything to Know About the Surge in Litigation and Regulatory Enforcement - April 18th, 11:00...

Automatic Renewal Laws (ARLs)—statutes governing continuity programs and automatically renewing contracts—have proliferated throughout the United States since 2010. Companies that offer automatic renewal programs face an...more

Burns & Levinson LLP

Does Your Integration Clause Fully Protect You?

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While I can’t remember anything specific from my 1-L Contracts class, I’m sure that is where I first was exposed to the concept that an integration clause could prevent a party to a written contract from claiming that other...more

Snell & Wilmer

A Deal is a Deal in Utah: Utah Court Enforces “Walk-Away” Settlement Despite Subsequent Disagreements On Terms

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In the construction arena, there is a constant dialogue between owners, builders, and designers about changes to original deal terms. It’s natural and expected. And sometimes those dialogues lead to disagreements, and...more

Venable LLP

Repair Your Warranty Terms: FTC Takes Action Against Unlawful Repair Restrictions

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Last week, the FTC brought and settled enforcement actions against two manufacturing companies for allegedly limiting customers’ right to repair purchased products under unlawful warranty terms. The FTC alleged that the two...more

Kelley Drye & Warren LLP

Noom to Pay Over $60M to Cancel Automatic Renewal Suit

In several recent posts and a webinar, we’ve talked about how the FTC and state AGs are focusing on automatic renewals. A series of new laws and investigations show that this continues to be a hot topic for both lawmakers and...more

Lathrop GPM

The Franchise Memorandum - Issue #271

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Ninth Circuit Reverses Class Action Settlement Approval and Fee Award - The Ninth Circuit Court of Appeals has reversed the approval of a $10 million voucher settlement and a $2.6 million attorneys’ fee award in a class...more

Dorsey & Whitney LLP

No Claim Too Small: Contractor Settles FCA Claims for Failure to Return $14,000 of Reimbursed Equipment

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On May 28, 2021, a District of Maine judge granted a joint motion for stipulated judgment in favor of the United States, ending the False Claims Act suit against a Coast Guard contractor hired to assist with the excavation of...more

Burns & Levinson LLP

Take Your Time Before Agreeing to Settle in Principle

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You have gone back and forth with an adversary via email several times and keep getting closer to a monetary settlement. Finally, the other side makes an offer that is over your bottom line, and you want to put the matter to...more

Farrell Fritz, P.C.

Voiding a Stipulation of Settlement – Not as Simple as Changing Your Mind

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Stipulations of settlement often serve as the objective in Surrogate’s Court litigation, ending disputes and the ongoing expense of controversy. Towards that end, stipulations of settlement, while sometimes the subject of...more

Carlton Fields

Trial Court Denies Post-Trial Motions in Asbestos Reinsurance Saga Involving Claims That Reinsurer Failed to “Follow the Fortunes”...

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We previously posted about the yearslong reinsurance dispute between Utica Mutual Insurance Co. (the cedent) and Century Indemnity Co. (the reinsurer), involving Utica’s claims that Century breached two reinsurance...more

Lewitt Hackman

Franchisor 101: Open Season for Poaching in Washington

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Washington State’s Attorney General settled a case against sandwich franchisor, Jersey Mike’s, over antipoaching provisions in its franchise agreements. Since 2018, Washington State has made agreements with more than 60...more

Troutman Pepper

New York Court Holds Contractor’s Failure to Timely Pass Through Subcontractor Delay Claim to the Owner Constitutes Breach of the...

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Rad and D’Aprile, Inc. v. Arnell Construction Corp, No. 502464/14, 2019 BL 131606 (NY. Sup. Ct. April 3, 2019) - In June of 2001, Arnell Construction Corp. (“Arnell”) entered into a prime contract to build two sanitation...more

Hogan Lovells

Drake, a redefining judgment on breach of mandate and contractual damages

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In a precedent setting judgment, the Supreme Court of Appeal in Drake Flemmer & Orsmond Inc & Another v Gajjar NO [2017] ZASCA 169 (1 December 2017) pronounced on the principles applicable in respect of assessment of...more

Foley & Lardner LLP

You Signed A Consent Decree. So Now What?

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Any employer who has been on the receiving end of a lawsuit filed by the EEOC or a similar state agency is aware that a standard requirement of settling this type of case is entering into a “consent decree.” A consent decree...more

Bilzin Sumberg

The Eighth Circuit Raises the Bar for Would-Be Indemnitees

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Here is a situation that comes up quite a bit in the world of business contracts containing indemnification provisions, and in the insurance industry as well. First, a party (“Party A”) gets sued, or threatened with a suit,...more

Patterson Belknap Webb & Tyler LLP

Radius Restrictions – New York AG Cracks Down on Outlet Mall Operator

Outlet malls are popular destinations for consumers seeking a bargain, even if not everyone agrees that the deals are as good as advertised. But although the prices may seem low, a common provision in lease agreements...more

Butler Snow LLP

It’s a Trap!! – Be Careful When Crafting Your Rule 68 Offers of Judgment

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Federal Rule of Civil Procedure 68 presents a valuable settlement tool for defense attorneys. Specifically, it allows the defendant to make a pre-trial offer of judgment on specified terms, and provides for the recovery of...more

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