Craig Tractenberg of Fox Rothschild.
Should all contract breach litigation be decided on who breached first? Perhaps that should be the rule on deciding complex commercial cases. It seems to work well to simplify complex fact patterns and responsibilities. Do all breaches have the same weight?
July 19, 2018 at 12:05 PM
1 minute read
Should all contract breach litigation be decided on who breached first? Perhaps that should be the rule on deciding complex commercial cases. It seems to work well to simplify complex fact patterns and responsibilities. Do all breaches have the same weight?
This rule was applied well in the case of Jack in the Box v. Deepak Mehta, (N.D. CA. June 21, 2016), aff’d, ____ Fed.Appx. —–(2018) (9th Cir., June 12, 2018). The opinion is currently unpublished but instructive.
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