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What to Do When You Lose a Contract When Litigating Contract-Based Claims
Simply because Rule 1004 permits evidence of the content of a lost writing in no way guarantees admission of the evidence. This is just the starting point. The practitioner must craft arguments to ensure—or defeat—admission of the lost writing.
Ex-Subjects of My 600-Lb Life Lose Big in Negligence Lawsuit
A state appellate court threw out every cause of action in a lawsuit brought against the producer of My 600-Lb Life by a group of former program subjects. Megalomedia…
Disparate Rulings in Student-Fee Refund Class Actions Could Lead to Florida Supreme Court Review
"If they attempt to file an amended complaint, we'll probably be moving for sanctions," said Javier Lopez, the managing partner at Kozyak Tropin & Throckmorton.
Israeli Anti-Boycott Laws Vulnerable to First-Amendment Challenges
Thirty-two states have some form of an Israeli anti-boycott law. However, free-speech advocates and pro-Palestinian organizations have been successfully challenging these laws, which has resulted in a series of revisions by state lawmakers intent on insulating them from litigation.
The Russian-Ukrainian War's Impact on Maritime Commerce
From a maritime-law perspective, questions arise as to whether Russia's wanton war and its consequences may trigger a charter's force majeure clause, which generally has the effect of suspending contract performance obligations that are disrupted by unforeseeable events beyond the control of the vessel's owner or charterer.
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Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Reducing Litigation Costs in Noncompete Litigation: Former Employer's Perspective (Part 1 of 2)
"Noncompete litigation quickly generates high economic and non-economic costs. In addition to attorney fees and costs preparing for the temporary injunction hearing, emergency requests to preserve and obtain electronic evidence are typical and create forensic expense," writes Gary Fowler, a JAMS neutral based in the JAMS Dallas Resolution Center.
Forced Arbitration: A Bitter Pill to Swallow
"The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 is a good beginning to rolling back the blanket imposition of unfair, one-sided forced arbitrations, but it is only a beginning," says Dallas attorney Quentin Brogdon.
Texas GOP Revives 2020 Lawsuit for Loss of Houston Convention Venue: Force Majeure at Center of Case
Steven Mitby of the Seiler Mitby law firm in The Woodlands represented the Republican Party on appeal. Opposing counsel was Leah Homan, an associate at Taylor Book Allen & Morris in Houston.
Three Sheets to the Wind: Cautionary Tales of Unlimited Risk in Offshore Wind Construction
To develop a robust and sustainable supply chain in the United States, developers and contractors may benefit from a risk-sharing model that allocates the unknown or uncontrollable risk and aligns the parties' interest for a safe and efficient project.
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