News & Analysis as of

Gross Negligence Breach of Contract

Freiberger Haber LLP

Fraud Notes: Two Cases and The Examination of Scienter

Freiberger Haber LLP on

To state a cause of action for fraud, a plaintiff must allege “a material misrepresentation of a fact, knowledge of its falsity, an intent to induce reliance, justifiable reliance by the plaintiff and damages.” The...more

Orrick, Herrington & Sutcliffe LLP

District Court grants summary judgement for bank in “spoofing” case

On September 29, the U.S. District Court for the Southern District of New York granted summary judgement on all claims in favor of the defendant bank, while denying summary judgement for the New Jersey-based plaintiff. The...more

White and Williams LLP

Insurer Doomed in Delaware by the Sutton Rule

White and Williams LLP on

In Donegal Mut. Ins. Co. v. Thangavel, No. 379, 2022, 2023 Del. LEXIS 227, the Supreme Court of Delaware (Supreme Court) considered whether the Sutton Rule prevented the plaintiff from pursuing subrogation against the...more

Mayer Brown

Limitations on Liability Exceptions – Interplay between Contract Terms and Legal Principles

Mayer Brown on

In contracts, parties typically seek to limit their liability to each other, both in terms of the types of damages or actions for which a party will have liability and the amount of damages that can be recovered, as well as,...more

King & Spalding

Hertz Seeks Claw-Backs from Former Executives

King & Spalding on

Earlier this year, Hertz Corporation filed suit against several former executives, including its former CEO, CFO and general counsel, seeking to recover under its claw-back policies approximately $70 million in incentive...more

Gray Reed

Contract Operator Not Liable for Breach of a Unit Operating Agreement

Gray Reed on

It’s a tale as old as the oilfield: A non-operator doesn’t pay joint interest billings, operator sues, non-payer claims the expenses were unwarranted and the operator was negligent—no, grossly negligent—for incurring them in...more

Gray Reed

Texas Accomodation Doctrine Claim Repudiated

Gray Reed on

Harrison v. Rosetta Resources Operating LP presents a wacky? time-wasting? clever? unsuccessful attempt to expand reinvent the Texas accomodation doctrine....more

Carlton Fields

District Of South Carolina Denies Motion To Dismiss Action Involving Fronting Relationship

Carlton Fields on

Applying Delaware law, a South Carolina District Court found Plaintiff had properly pled its causes of action for breach of contract, breach of fiduciary duty, negligence/gross negligence and negligent misrepresentation...more

Bass, Berry & Sims PLC

Chris Lazarini Analyzes Enforcement of Exculpatory Clauses

Bass, Berry & Sims attorney Chris Lazarini analyzed the court's enforcement of an exculpatory clause in the context of a Trading Advisory Agreement. Where parties elect to include exculpatory clauses in their contracts, such...more

Carlton Fields

Kentucky Federal Court Orders Further Briefing On Whether The Federal Arbitration Act Or Kentucky Law Applies In Dispute Involving...

Carlton Fields on

The background of this case is as follows. State Insurance Commissioner Brian Maynard, acting as liquidator of the failed Kentucky Health Cooperative (“KYHC”), filed suit in Kentucky state court against CGI Technologies and...more

Burr & Forman

Change in How SC Supreme Court Views Conspiracy Claims May be Coming

Burr & Forman on

As our various courts decide cases, we watch to see if there are any trends that seem to be developing or whether a case signals that the courts are beginning to change how they view a particular issue or type of case. We've...more

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