Appeals, Breach of Contract, Ambiguous

Does “Back to Back” Mean “Pay When Paid” in Construction Contracts?

BCLP on 4/29/2025

In Sze Fung Engineering Limited v Trevi Construction Company Limited [2025] HKCA 278, the Hong Kong Court of Appeal (“CA”) ruled that the “back to back” wording in that case was not a “pay when paid” clause, but governed only...more

VSC Rules "Date Of Loss" Not Ambiguous

Downs Rachlin Martin PLLC on 10/6/2020

Brillman v. New England Guaranty Ins. Co., 2020 VT 16 (Feb. 21, 2020) - In this insurance coverage decision, the Vermont Supreme Court determined that the “date of loss,” which starts the clock running on the one-year...more

Sublicense May Survive Termination of a Main License

Knobbe Martens on 10/18/2019

FRAUNHOFER-GESELLSCHAFT v. SIRIUS XM RADIO INC. Before Dyk, Linn, and Taranto. Appeal from the District of Delaware. Summary: Contract interpretation must be applied in determining whether a sublicense survives...more

Second Circuit and New York Appellate Division Decisions Affirm Pro-Arbitration Policies

Akin Gump Strauss Hauer & Feld LLP on 2/4/2019

• In Deasang Corp. v. NutraSweet Co., the Appellate Division overturned a ruling by a lower court vacating an arbitral award on the ground that the arbitral panel manifestly disregarded the law. The Appellate Division...more

Option Contract Ruling Reversed by Texas Supreme Court.

Gray Reed on 11/17/2016

North Shore Energy v. Harkins interpreted an Option Agreement between landowners and a producer over a 400 acre tract. In football they would say the Texas Supreme Court pancaked the plaintiff. In the law, some would call it...more

Appellate Court Notes

Pullman & Comley, LLC on 8/3/2015

Appellate Court Advance Release Opinions - AC36506 - Sidorova v. East Lyme Board of Education - Due to budget cuts, the Board of Education laid off the plaintiff who was a tenured French teacher. She sued for...more