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Breach of Contract › Bench Trial

Carlton Fields

Florida Appeals Court Decisions Week of May 19 - 23, 2025

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U.S. Eleventh Circuit Court of Appeals - Middleton v. Hollywood Reporter - defamation, California limitations - Merritt Island Woodwerx v. Space Coast CU - arbitration - USA v. Doe - immigration, removal, failure to...more

Pierce Atwood LLP

Litigants Beware: Unjust Enrichment v. Quantum Meruit

Pierce Atwood LLP on

The distinction between unjust enrichment claims and quantum meruit claims have long bedeviled courts and practitioners. In Core Finance Team Affiliates v. Maine Medical Center, the Law Court provided important guidance...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Bench Trial Demonstrates Importance of Witness Preparation

Patterson Belknap Webb & Tyler LLP on

Justice Borrok of Manhattan’s Commercial Division presided over a bench trial between a contractor and a sub-contractor concerning payments connected to work on New York City Housing Authority’s (NYCHA) Harlem River Houses....more

Foley & Lardner LLP

Fairbairn v. Fidelity Investments Charitable Gift Fund: Managing Contributions of IPO Stock Goes Awry, but Donors have Little...

Foley & Lardner LLP on

Donors make contributions to donor-advised funds (“DAFs”) for a variety of reasons. One is that DAF rules permit the donor to make the contribution in the current year (which entitles the donor to a deduction in that year),...more

Skadden, Arps, Slate, Meagher & Flom LLP

Investment Management Update - January 2020

Skadden, Arps, Slate, Meagher & Flom LLP on

In this issue, we summarize regulatory, litigation and industry developments from October 2019 to early January 2020 impacting the investment management sector, including SEC action on use of derivatives by registered...more

Jackson Walker

Fifth Circuit Gets Out of the Implied Findings Business

Jackson Walker on

Federal Rule 52(a) requires that when a district court conducts a bench trial, it is obliged to “find the facts specially.” In its recent significant decision in ENI US Operating Co., Inc. v. Transocean Offshore Deepwater...more

McDermott Will & Emery

Still No Right to Jury Trial – MIT 401(k) Plan Participants Not Entitled to Jury Trial of ERISA Breach of Fiduciary Duty Claims

McDermott Will & Emery on

The District of Massachusetts court struck the plaintiffs’ jury-trial demand in their ERISA complaint for damages and equitable relief against 401(k) plan fiduciaries. The court followed the “great weight of authority” in...more

Cooley LLP

Alert: Ninth Circuit Provides Guidance on RAND Licensing Obligations

Cooley LLP on

On July 30 the Court of Appeals for the Ninth Circuit issued a significant appellate decision that provides guidance regarding obligations imposed on licensors of patents that are required to comply with interoperability...more

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