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Breach of Contract › Fiduciary Duty › California

Ervin Cohen & Jessup LLP

California Supreme Court Strikes Willful Injury Limitation in BBQ Sauce Manufacturing Dispute

Ervin Cohen & Jessup LLP on

On April 24, 2025, the California Supreme Court ruled unanimously that a contract provision restricting liability for willful injury was unenforceable under California Civil Code section 1668. This decision was in response to...more

Patton Sullivan Brodehl LLP

LLCs Can Assert Offensive Claims Against Members

Patton Sullivan Brodehl LLP on

In “business divorce” litigation involving LLCs, it is common to see a disgruntled LLC member asserting claims against the LLC’s manager. Depending on the type of harm alleged, those claims might be asserted directly (by the...more

McDermott Will & Schulte

Sour Grapes: Attorney’s Oral Agreement Might Be Okay if Fair, Just, and Fully Advised

McDermott Will & Schulte on

The US Court of Appeals for the Ninth Circuit found that a district court erred in declaring on summary judgment that an attorney had no ownership interest in a winery because the alleged agreement was made orally. The Ninth...more

Patton Sullivan Brodehl LLP

Quasi-Judicial Immunity for Court-Appointed Partition Brokers

Patton Sullivan Brodehl LLP on

In California, several classes of persons are entitled to some form of immunity protecting them from liability for activities performed in connection with judicial proceedings. For example, “judicial immunity” bars civil...more

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