Searching Content indexed under Contracts and Commercial Law by Lewis Brisbois Bisgaard & Smith LLP ordered by Published Date Descending.
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Supreme Court Holds Threshold Question Of Arbitrability Is One Of Contract And Valid Agreements To Submit Question To Arbitrator Will Be Enforced
Of note, the Court did not decide whether this particular arbitration clause constituted referral of the gateway question to the arbitrator.
United States
14 Jan 2019
Labor & Employment Law Client Alert - November 2018
The 2018 California legislative session was another busy year with numerous employment-related bill signed into law.
United States
19 Nov 2018
Lack Of Code Diversity In Cryptocurrency Ethereum May Be Propagating Bad Code
Ethereum, one of the most popular cryptocurrencies with a market cap of more than $21.8 billon, is causing serious anxiety in the cryptocurrency marketplace
United States
15 Nov 2018
New CA Court Of Appeal Opinion Re: Attorney Signing An Agreement "Approved As To Form And Content"
Does Signing "Approved As to Form and Content" Bind an Attorney to the Terms of a Settlement? New California Appellate Decision Holds "No."
United States
11 Sep 2018
California Court Of Appeal Affirms That Unlicensed Contractor May Not Pursue Litigation
California's Second District Court of Appeal recently threw out a potentially valid claim for breach of contract asserted by a contractor which failed to comply ...
United States
8 Dec 2017
Fifth Circuit Sets Limits On Indemnity Obligations Where Indemnitor's Contractual Performance Is Completely Independent Of Another Party's Negligent Act
In Integrity, an offshore survey company, Tesla, chartered two vessels to perform an archaeological sonar survey in the Gulf of Mexico.
United States
21 Aug 2017
Texas Appellate Court Advises If You Claim Under A Contract, You Are Subject To All Its Terms, Even Arbitration
This dispute arose out of Exxon's attempt to obtain coverage as an additional insured under the umbrella policy issued to one of its contractors for its exposure arising from the April 2013 Exxon refinery fire...
United States
21 Jul 2017
Watching The TCPA: Second Circuit Rules Consent Given As Part Of Binding Contract May Not Be Revoked Under Telephone Consumer Protection Act
In a much-watched decision involving the hotbed issue of consent under the Telephone Consumer Protection Act (TCPA), the U.S. Court of Appeals for the Second Circuit has ruled that...
United States
19 Jul 2017
What Does Your Defense And Indemnity Construction Contract Mean In 2017?
California's longstanding restrictions on defense and indemnity construction contracts have undergone several changes over the years with significant differences based upon the contract execution date.
United States
12 Jul 2017
The State Of Crawford In 2017
More than eight years ago, the California Supreme Court handed down Crawford v. Weather Shield (2008) 44 Cal.4th 541, holding that a contractual indemnitor must immediately assume an indemnitee's defense...
United States
12 Jul 2017
California Supreme Court Rules Concerning Recovery Of Attorneys' Fees Under Civil Code Section 1717
The California Supreme Court recently issued an opinion analyzing whether a defendant is entitled to attorney fees under Civil Code section 1717 by obtaining a dismissal of a contract action under the agreement's forum selection clause.
United States
18 May 2017
Contract Calling For Work On Fixed Platform Deemed Maritime Contract
On October 12, 2005, Apache Corporation and Specialty Rental Tools & Supply ("STS") entered into a Master Services Contract ("MSC").
United States
7 Apr 2017
Louisiana Law Precludes Claim For Tortious Interference With Contract Against Employee Who Is Not A Corporate Officer
This case involves a claim by Gulf Engineering Company, LLC ("Gulf") against a Dow Chemical company ("Dow"), employee, Allison Kuhn. Gulf alleged it had a contract with Dow to inspect...
United States
7 Apr 2017
New Court Of Appeal Opinion Regarding Anti-SLAPP Timing
Last week, the Fourth District Court of Appeal, Division Three (Santa Ana) certified a new case for publication that clarified the effect of amended complaints on the deadline to file an anti-SLAPP motion...
United States
6 Jan 2017
Tidwell Enterprises, Inc. v. Financial Pacific Insurance Company, Inc.
In Tidwell Enterprises, Inc. v. Financial Pacific Ins. Co., Inc., ___ Cal.App.5th ___, the California Third District Court of Appeal held that a duty to defend was triggered under a general liability policy...
United States
20 Dec 2016
Challenging Whether Plaintiffs Pled Viable State Law Claims May Be An Effective Strategy In Defending Consumer Data Breach Class Action Litigation Even Where Plaintiffs Can Meet Federal Article III Standing Requirements
Last year, and earlier this year, a hot topic in data breach consumer class action litigation in federal court was whether plaintiffs could demonstrate Article III standing.
United States
10 Nov 2016
Does A New California Law Threaten Your Business? Has Your License Been Revoked? The Writ Of Mandate Is An Effective Tool To Challenge Government Action
It is rare to find a business these days that is not subject to government regulation, especially in the State of California.
United States
2 Sep 2016
NY: 9-Year Gap Between Design Professional's Invoices Defeats Continuous Representation Doctrine
In 2015, the Sponsor of a condominium building commenced an action for professional malpractice against the architect.
United States
14 Jul 2016
Nickerson v. Stonebridge Life Insurance Company
Stonebridge failed to consult with plaintiff's physicians and arbitrarily determined the limitation for purposes of indemnifying plaintiff for his hospital stay to be 18 days at $350 per day.
United States
30 Jun 2016
D. Cummins Corporation v. United States Fidelity & Guaranty Company
Cummins Corp. installed asbestos containing products in California, resulting in "hundreds of asbestos bodily injury claims including many lawsuits, based on exposure to its asbestos containing materials."
United States
30 Jun 2016
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