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Commercial Litigation Summary Judgment Breach of Contract

Vinson & Elkins LLP

Texas Business Court Quarterly Update – Q1 and Q2 2025

Vinson & Elkins LLP on

As a part of Vinson & Elkins’ Texas Business Court Quarterly Update, the following update summarizes the Texas Business Court opinions—categorized by primary issue—that have been released since September 1, 2024 through the...more

Farrell Fritz, P.C.

Out-of-State, Out of Luck: Commercial Division Justice Dismisses PPE Suit for Lack of Jurisdiction

Farrell Fritz, P.C. on

A recent decision from the Manhattan Commercial Division reminds us that even substantial and high-profile transactions tied to the state may not be enough to establish personal jurisdiction over an out-of-state defendant. In...more

Zelle  LLP

Concurrent Causation is Key – Fifth Circuit Holds Insured to its Causative Burden

Zelle LLP on

The United States Fifth Circuit Court of Appeals recently affirmed summary judgment granted by the bankruptcy court in favor of commercial property insurer in a Winter Storm Uri claim, holding that the insured motel owners...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

Farrell Fritz, P.C.

A Cautious Reminder When Responding to a Rule 19-a Statement of Material Facts on a Motion for Summary Judgment

Farrell Fritz, P.C. on

Although discretionary, it is well-known among commercial practitioners that the Commercial Division justices generally like a Rule 19-a statement of material facts included with the submission of a summary judgment motion....more

A&O Shearman

Clause for celebration: the effectiveness of entire agreement provisions

A&O Shearman on

Entire agreement clauses are very common. This recent decision confirms their effectiveness: JMW Solicitors v Injury Lawyers 4U. Background – shareholder dispute - Some firms of solicitors, including JMW, set up a...more

Sheppard Mullin Richter & Hampton LLP

New York County Commercial Division Decision Highlights the Hurdles Defendants Face in Asserting Fraudulent Inducement Defense to...

A recent decision from New York County Commercial Division Justice Joel M. Cohen highlights the hurdles that defendants face in trying to assert a fraudulent inducement defense to a breach of contract claim. Justice Cohen’s...more

Troutman Pepper Locke

Summary Judgment Ruling in Complex Contract Dispute Addresses Issues from A (Admiralty) to W (Warranty) and Many in Between

Troutman Pepper Locke on

In a case involving a fact pattern that could be on a law school exam, EDVA Judge Mark Davis provides a detailed analysis of a series of issues in a complex dispute between a yacht owner and a marine engine manufacturer. What...more

McGlinchey Stafford

Can a Non-Signatory Be Compelled to Arbitrate? - McGlinchey Commercial Law Bulletin - January 26, 2024

McGlinchey Stafford on

Conditions Precedent- In this appeal, the Eighth Appellate Court affirmed in part the trial court’s determination that Defendant breached its contract with Plaintiff disagreeing with Defendant-appellant that Plaintiff failed...more

Farrell Fritz, P.C.

Oral Modifications to Written Agreements? Better Get Them in Writing Says the Commercial Division

Farrell Fritz, P.C. on

In Castle Restoration & Constr., Inc. v Castle Restoration, LLC, Suffolk County Commercial Division Justice Elizabeth H. Emerson refused to enforce an oral agreement that allegedly modified a prior written agreement between...more

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