NEXT
Sign in to follow

Law.com

'Both Arguments Miss the Point': Federal Judge Denies Boston University's Bid to Dismiss COVID-19 Tuition Refund Suit

"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.
6 minute read

New York Law Journal

Appeals Court Sends to Arbitration 'David v. Goliath' Suit Brought by 80-Year-Old Musician

The suit has attracted recent media attention. In May, musician Chapman Roberts, a Black man who has worked in show business for more than 50 years, put out a press release in which he framed his action as a "David-and-Goliath lawsuit," and said, "This is a precedent-setting case seeped in the reparations furor that has been brewing in this country and globally for decades."
6 minute read

Daily Business Review

$795/Hour: Greenberg Traurig Team Earned More Than $1M in Attorney Fees

"Here in the U.S., many lawyers think they can file a lawsuit and they don't have to consider the risk that their client might have to pay the other side's attorney fees," said Gregory Herbert, a shareholder at Greenberg Traurig.
4 minute read

New York Law Journal

The Interplay Between Claims of Good Faith and Fair Dealing and Breach of Contract

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.
6 minute read

Law.com

State Appeals Court: Allowing Amended Complaint Would Prejudice Defendant in Insurance Row

The North Carolina Court of Appeals has denied a defendant's motion to amend a complaint as part of an insurance case, finding that allowing him to do so would materially prejudice the opposing party.
4 minute read

The Legal Intelligencer

Construction Materials: Where Are You and Why Do You Cost So Much?

This article addresses various contractual options available to parties to address the risks of material availability and price escalation.
9 minute read

The Legal Intelligencer

The Slings and Arrows of Lien Claims on Interstate Pipelines

The complexities, challenges, and practical realities of filing a Mechanics Lien against a single improvement that traverses multiple Pennsylvania properties, as well as multiple properties of our sister states, is discussed.
9 minute read

New York Law Journal

Stephen Hawking: Notarization by Mark and Notarization by Proxy

There is little statutory guidance in New York state for a notary who is attempting to notarize a document by mark for a disabled individual. This article looks at the legal quandaries that may arise with a client who cannot write out his or her name or is otherwise unable to sign a document and also addresses the idea of notarization by mark or notarization by proxy in New York state.
5 minute read

New Jersey Law Journal

Clean Up Arbitration Agreements

As the Third Circuit said in a precedential opinion in Abdurahman v. Prospect, the court need not solve the "riddle" posed by the drafter.
5 minute read

Daily Report Online

10 Tips for Product Sellers Negotiating Contract Indemnification Terms

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.
3 minute read

More from ALM

More from ALM

Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

Resources

  • AI-Powered Deposition and Medical Record Summaries: Low Risk, High Reward

    Brought to you by Parrot

    Download Now

  • Aligning Client Needs with Lawyer Growth and Profitability

    Brought to you by BigHand

    Download Now

  • Technology to Make E-Discovery Smarter, Not Harder

    Brought to you by Nuix

    Download Now

  • Does Generative AI Have the Power to Transform Legal Services?

    Brought to you by HaystackID

    Download Now