On April 24, 2025, the California Supreme Court ruled unanimously that a contract provision restricting liability for willful injury was unenforceable under California Civil Code section 1668. This decision was in response to...more
On April 24, 2025, the California Supreme Court held that contract clauses that limit damages for injuries caused by willful tortious conduct are prohibited by Section 1668 of the California Civil Code....more
A federal court in Ohio recently granted Cavalier Distributing’s motion to temporarily restrain a fellow distributor, MicroStar Logistics, from contacting other keg suppliers to accuse Cavalier of failing to pay a debt or...more
Marie Sharp’s Fine Foods, Ltd., a Belize condiment and jam manufacturer, and Eve Sales Corp., a New York-based purchaser of Marie Sharp’s branded products, filed an anticipatory declaratory judgment and breach of contract...more
Federal programs often require individuals employed by multiple corporations and by the federal government to work together. To ensure the project is successful, the prime contract and any related subcontract will often grant...more
Commercial leases often contain attorney fee provisions allowing a party who prevails in litigation to recover attorney fees from the losing party. Can those attorney fee provisions apply to third parties — outsiders to...more
When a subcontractor is having trouble completing its subcontract work, it is not uncommon for a contractor to assert itself more directly into the completion process to help expedite the work. What’s the harm you might ask?...more
Jatex Oil & Gas, L.P. v. Nadel & Gussman Permian, L.L.C. presents several teachable moments: The Texas Property Owner Rule does not allow a non-expert testify on matters requiring expert testimony....more
California is known for having the most aggressive approach among the states regarding restraints on profession, trade, and business. Specifically, California Business and Professions Code section 16600 codifies this...more
In Picot v. Weston, (filed 3/19/15, No. 12-17098), Plaintiff sought a declaration that there was no oral agreement between plaintiff and defendant concerning the sale of proprietary technology and alleged that defendant had...more
In many commercial disputes, one or more of the parties will assert a tortious interference claim against the other. While there are several variations of tortious interference claims (e.g., interference with existing...more
In law school we study contract law and we study torts. We don’t study contracts and torts as a single subject (e.g., “contorts”). Why? Because they are generally regarded as fundamentally different areas of the law. They...more