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Breach of Contract › Contract Disputes › Settlement Agreements

Awatif Mohammad Shoqi Advocates & Legal...

The Dubai Cassation Court's recent ruling on the legal concept of Without Prejudice.

Awatif Mohammad Shoqi Advocates & Legal... on

In the UAE, the common law legal principle of without prejudice is usually not applied in onshore courts. This legal concept, which is found in many legal systems, ensures that statements made during settlement discussions...more

Bradley Arant Boult Cummings LLP

Objection: The U Is Badgering the Player – University of Wisconsin Sues University of Miami over Tampering

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The enforceability of player NIL contracts under the House v. NCAA settlement is already being tested before the ink has even dried on the court's final approval. In a potentially precedent-setting move, the University of...more

Morgan Lewis

English High Court Upholds the Primacy of an Exclusive Jurisdiction Clause in a Subsequent Settlement Agreement

Morgan Lewis on

The English High Court in Destin Trading v Saipem SA refused the defendant’s application for a stay of proceedings under Section 9 of the Arbitration Act 1996 on the basis that an exclusive dispute resolution clause in favour...more

Vedder Price

Court Decides Lessees Failure to Engage Wont Fly

Vedder Price on

The High Court has delivered a decision in AWAS Netherlands A320-1 BV v Pacific Airlines Aviation Joint Stock Company in relation to an amount of lease rental and other damages Pacific Airlines (the Defendant) owed AWAS (the...more

Holland & Knight LLP

A Cautionary Tale from arrivia Inc. v. Rowley

Holland & Knight LLP on

Enforceability of releases for unknown claims at the time of settlement is a well-established legal principle, as highlighted in the recent case, arrivia Inc. v. Rowley, No. CV-23-01039-PHX-DLR, 2023 WL 7386384 (D. Ariz. Nov....more

Smith Anderson

4th Circuit Blocked Future Litigation on a Related Issue on U.S. Navy Contract

Smith Anderson on

Fourth Circuit decision reminds litigants that settlement agreements can have far-reaching effects on the relationship between the parties. A recent decision of the U.S. Court of Appeals for the Fourth Circuit addressed...more

Nutter McClennen & Fish LLP

Judge Davis Ruling Provides Guidance on Anti-SLAPP Motions to Dismiss Involving Contract Claims

Nutter McClennen & Fish LLP on

Judge Davis’s recent denial of an anti-SLAPP motion to dismiss provides helpful guidance on how to distinguish between counterclaims used as solely as a “cudgel” and meritorious claims in breach of contract cases. The ruling...more

Butler Snow LLP

Word Games Aside … an agreement to settle is an agreement to settle

Butler Snow LLP on

The Tennessee Court of Appeals refused to let a litigant weasel out of a negotiated and binding agreement to settle disputed claims. Tim Grace v. Jeanna Grace d/b/a Grace Trucking, Case No. W2016-00650-COA-Re-CV (11/29/16)....more

Littler

The Funny Guy Case is No Laughing Matter: Virginia Supreme Court Applies Res Judicata in Rejecting Contract Claim

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The Supreme Court of Virginia recently issued an opinion applying the principles of res judicata to affirm the dismissal of a contract claim.  In The Funny Guy, LLC v. Lecego, LLC, No. 160242 (Feb. 16, 2017), the plaintiff...more

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