By Jason Grant | August 12, 2022
"Whether remote classes were an adequate substitute for in-person instruction" after the COVID-19 pandemic interrupted BU's spring 2020 semester "goes to the issue of damages, not breach," wrote the federal judge, who also found that damages issues must go forward based on other reasons.
New York Law Journal | Analysis
By Lara Flath and Judy Flumenbaum | August 10, 2022
In this article, Lara Flath and Judy Flumenbaum discuss New York courts' treatment of the tension between a "good faith limitation on the exercise of a contract right" and "using the implied covenant of good faith to create new duties that negate explicit rights under a contract." They explore the degree to which courts have permitted good faith and fair dealing claims independent of breach of contract claims.
The Legal Intelligencer | News
By Aleeza Furman | August 10, 2022
Judge Christine Ward of the Allegheny Court of Common Pleas also expanded a previous delay damage award to cover a time period she had previously excluded because the holdup was due to the pandemic-induced statewide judicial emergency.
By Ross Todd | August 10, 2022
Lawyers at Greenspoon Marder sued embattled timeshare exit company Square One Holding Group on behalf of Refund, LLC, an affiliate of Westgate Resorts, in a suit we're still wrapping our heads around.
Delaware Business Court Insider | News
By Aleeza Furman | August 5, 2022
Musk's counterclaims show his attempts to gauge the number of spam accounts on the platform and the value of active accounts and criticizes Twitter's method to detect bots.
By Marianna Wharry | August 5, 2022
Herman Braude, a former George Washington Law School professor and a construction law attorney, told Law.com that the appellate court's ruling is an "important decision for the horse-racing community," because it requires a trainer to act honestly, in good faith for the owner and not represent an undisclosed, third party.
Daily Report Online | Commentary
By Josh Wood | August 5, 2022
Contract drafting is everything. Before agreeing to a customer's indemnification clause, a product seller's lawyer should at a minimum discuss: (a) the scope of the indemnification obligation, (b) potential costs to perform and (c) the legal exposure in case of a breach.
New York Law Journal | Analysis
By Maryann C. Stallone and Marisa B. Sandler | August 5, 2022
This article discusses the viability of restrictive covenants under New York law, and the relevant factors analyzed by the courts in enjoining Hayley Paige Gutman's activities and competition with JLM Couture.
By ALM Staff | August 4, 2022
This suit was surfaced by Law.com Radar. Read the complaint here.
New York Law Journal | Analysis
By Barbara M. Goodstein | August 3, 2022
Even if you have a valid and properly perfected security interest, the story doesn't end there. Contractual arrangements can alter the benefits associated with that lien, and therefore it is important to ensure that any contract affecting lien rights is clear and unambiguous.
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