Archives: Contracts

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Don’t rely on this statement . . .

By David Coale on May 6, 2019 Posted in Contracts

“[Mister Mudbug, Inc.] asserts that it relied on [Bloomin’ Brands, Inc.]’s representation that ...

Contract Disputes Are The Most Common Cause Of Construction Litigation

By Cris Feldman on January 2, 2019 Posted in Contracts, Litigation

With any construction project, there are dozens of moving parts. If just one part ...

No attorneys’ fees under Joint Operating Agreement

By David Coale on September 19, 2018 Posted in Attorney's Fees, Contracts

A standard form of an oil-and-gas project’s Joint Operating Agreement contains ...

How to draft a condition precedent

By David Coale on September 17, 2018 Posted in Contracts

A retail business sold its defaulted accounts to a debt collector; litigation ensued ...

Why You Need An Attorney To Draft Contracts

By Cris Feldman on September 10, 2018 Posted in Contracts

One of the many benefits of a well written contract is that it is legally binding ...

Fifth Circuit Finds no Violation of Non-Solicitation Agreement

By Thomas J. Crane on May 31, 2018 Posted in Contracts, Fifth Circuit

Michelle Moffitt-Johnston used to work for GE Betz, Inc. GE Betz applied chemicals to fuel ...

Investor, know thyself.

By David Coale on March 14, 2018 Posted in Contracts

Centerboard Securities sued Benefuel for not paying certain “success fees” on two ...

Construction Contracts and Tax: A Splitting Headache?

By Energy Legal Blog ® on January 17, 2018 Posted in Contracts

It has become common practice in many jurisdictions for parties to split ...

Highly Anticipated En Banc Fifth Circuit Opinion Reframes Maritime Contract Analysis

By Don K. Haycraft and Patrick Reagin on January 9, 2018 Posted in Contracts, Maritime

The case called upon the court to determine whether a contract for performance of ...

New test for maritime contract

By David Coale on January 9, 2018 Posted in Contracts

A unanimous en banc opinion simplified the Fifth Circuit’s test for "whether ...

Here is a condition precedent.

By David Coale on July 5, 2017 Posted in Contracts

A recurring issue in contract litigation is whether a provision creates a “condition ...

Sign, on the line.

By David Coale on June 8, 2017 Posted in Contracts

The common situtation of a loan modification raised two general issues - (1) given ...

Well, you proved liability . . .

By David Coale on May 30, 2017 Posted in Contracts, Damages

The Fifth Circuit reversed a JNOV on liability for breach of contract in ...

What’s in a name?

By David Coale on March 20, 2017 Posted in Contracts

Adams LLC bought a number of assets from Adams Produce Company, Inc., and ...

No mistake about the mistake.

By David Coale on March 6, 2017 Posted in Contracts, Insurance

In Richard v. Anadarko Petroleum Corp., the Fifth Circuit required reformation of a contract on the grounds of mutual mistake, to the detriment of non-party Liberty Mutual, acknowledging that “[c]ourts must guard against parties’ ‘attempts to make an end-run around … Continue reading →

Early contract termination can be a fraudulent transfer.

By David Coale on February 6, 2017 Posted in Contracts

A group of real estate companies paid Prime LLC for consulting services. While the ...

The Internet of Things: New Questions about Contracts

By » Blog on January 5, 2017 Posted in Contracts

When the Internet first became prevalent, it ushered in several new contracting ...

What the contract says is a “product,” is a product.

By David Coale on December 19, 2016 Posted in Contracts

Two manufacturers of baby products (specifically, pacifiers and “sippy cups”), disputed the enforcement of a contract provision that said: “Distributor hereby acknowledges and agrees not to copy or utilize any of LNC’s . . . product design . . . … Continue reading →