News & Analysis as of August 28, 2025

Breach of Contract

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Colorado court rules “Fees on Fees” recoverable in contractual disputes, breaking new ground on attorney fee awards

Clark Hill PLC on 8/12/2025

On Aug. 6, the Colorado Court of Appeals recently addressed a question that had never been definitively answered in the state: whether a prevailing party can recover attorney fees incurred to enforce a contractual...more

Texas High Court Holds that Pandemic Legislation is Not a Prohibited “Retroactive Law”

Freeman Law on 5/1/2024

On April 26, 2024, the Texas Supreme Court in case number 23-0565 answered “No” to the following certified question presented by the 5th Circuit in the case of Luke Hogan, on Behalf of Himself and Other Individuals Similarly...more

K&C Sports & Entertainment Law Weekly Roundup - March 2024 #2

Kaufman & Canoles on 3/13/2024

The Dartmouth men’s basketball team voted to unionize Tuesday in an unprecedented step toward forming the first labor union for college athletes and another blow to the NCAA’s deteriorating amateur business model....more

Loss Of $6 Million In Deposits Is No Forfeiture

Allen Matkins on 3/7/2024

VFLA Eventco, LLC v. William Morris Endeavor Entertainment, LLC, 2024 WL (March 6, 2024) involved the loss of $6 million in deposits that had been paid to secure the performances of various artists at a two day musical...more

Subcontractors’ COVID-19-Related Claims Survive Motion to Dismiss

Bradley Arant Boult Cummings LLP on 2/9/2024

In the Armed Services Board of Contract Appeals (ASBCA) appeal of McCarthy HITT – Next NGA West JV, ASBCA No. 63571, 2023 WL 9179193 (Dec. 20, 2023), a contractor brought suit for a collection of COVID-19-related claims on...more

Religious Institutions Update: January 2024

Holland & Knight LLP on 1/10/2024

Failure to Extend Extracurricular Opportunities to Parochial School Students Violates Free Exercise In Religious Rights Foundation of Pa. v. State College Area Sch. Dist., No. 23-CV-01144, 2023 WL 8359957 (M.D. Pa. Dec. 1,...more

The First Department Dismisses COVID-19 Based Frustration of Purpose and Impossibility Related Defenses In Rent Arrears Action

Freiberger Haber LLP on 12/12/2023

Among the problems resulting from COVID-19, is the pandemic’s effect on business. Numerous businesses were forced to close due to lock downs and supply chain issues. The economic slowdowns and business closures caused by...more

Second Department Dismisses Action for Specific Performance Because Contractual Conditions Were Not Satisfied

Freiberger Haber LLP on 12/7/2023

Many times, remedies for the breach of a contract other than monetary damages are necessary to make a plaintiff whole...more

Court Rejects Contractor’s Claim That COVID-19 Rendered Performance Impossible

Bradley Arant Boult Cummings LLP on 10/6/2023

A fundamental premise of contract law is that promises must be kept. If legally enforceable promises or “contracts” are not kept, courts may step in to enforce them by ordering performance, awarding damages, or granting some...more

New Law Immunizes Massachusetts Colleges, Universities from Spring 2020 Tuition Refund Claims

Holland & Knight LLP on 8/17/2023

Massachusetts colleges and universities received some good news recently as Gov. Maura Healey signed a bill that limits their liability for certain tuition and fee refund claims arising from the COVID-19 pandemic....more

Florida Appellate Court Says Tenant Cannot Use Force Majeure Clause as Weapon Against Landlord

Burr & Forman on 5/19/2023

Last week, Florida’s Second District Court of Appeals handed down a pro-landlord decision arising out of the COVID-19 pandemic. See Fitness International, LLC v. 93FLRPT, LLC, No. 2D22-1182, May 10, 2023. One week later...more

Seventh Circuit Emphasizes “Rigorous Analysis” to Certify Class against University for Its Decision to Cancel Classes during the...

Foley & Lardner LLP on 5/16/2023

In Eddlemon v. Bradley University, 65 F.4th 335 (7th Cir. 2023), the Seventh Circuit underscored that evidence, not allegations, control the court’s class certification analysis. At issue in Eddlemon were claims stemming...more

Force Majeure Clauses and COVID-19 Pandemic Impacts—An Assessment of Ontario Judgments Three Years On

Bennett Jones LLP on 3/27/2023

Early on in the COVID-19 pandemic, many businesses began to scrutinize force majeure clauses in their commercial contracts and leases. Such contractual clauses, when engaged, either permanently or temporarily relieve the...more

Can a Corporate Officer Be Sued Individually? - McGlinchey Commercial Law Bulletin - December 2022 -

McGlinchey Stafford on 12/23/2022

In this discretionary appeal, the Ohio Supreme Court outlined when and in what circumstances an equitable lien may arise. The Bullet Point: A lien is “‘a hold or claim which one person has upon the property of another as...more

Complex Commercial Litigation Law Review - Fifth Edition - England & Wales

Latham & Watkins LLP on 12/19/2022

The courts of England are some of the most established fora for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that apply to English civil litigation, which govern every aspect of cases from...more

Case Law Update: Disputes Relating to Supply Chain Disruptions Hit the Courts

Foley & Lardner LLP on 12/2/2022

Over the last two years, the widespread shortages, stoppages, and other disruptions affecting much of the global supply chain have led manufacturers, suppliers, and buyers alike to examine their contract terms for an...more

Supply Chain Surcharges? Plaintiffs Say You Better Not Conceal Them

Venable LLP on 10/28/2022

Supply chain disruptions and accompanying inflation for raw materials have challenged many businesses. A recent case involving paint retailer Sherwin-Williams shows how not to deal with these challenges....more

4 Key Takeaways | The Future of Construction, Infrastructure and Energy Disputes in the Endemic Age

Kilpatrick on 9/16/2022

Kilpatrick Townsend partner Thomas Allen recently presented "The Future of Construction, Infrastructure and Energy Disputes in the Endemic Age" for the Inter-Pacific Association's Arbitration Day at Maxwell Chambers in...more

4 Key Takeaways - The Future of Construction, Infrastructure and Energy Disputes in the Endemic Age

Kilpatrick on 9/16/2022

On August 31, 2022, Kilpatrick Townsend partner Thomas G. Allen spoke at the Inter-Pacific Bar Association’s Arbitration Day at Maxwell Chambers in Singapore. Mr. Allen, who leads the firm’s international disputes practice,...more

Missouri Court Rejects Impossibility Defense During COVID-19

Amundsen Davis LLC on 8/26/2022

In a case of first impression, (Premier Valet, LLC v. Premier Valet Services, LLC, et al.), the Missouri Court of Appeals, Eastern District, considered the viability of the “impossibility defense” in regard to the COVID-19...more

UCLA and Under Armour Settle for $67.5M

Kaufman & Canoles on 8/5/2022

It was announced that UCLA will receive a settlement payment in an amount of approximately $67.5 million from sports apparel manufacturer Under Armour to resolve a lawsuit stemming from the termination of a sponsorship deal....more

7th Circuit Reopens COVID-19 Tuition and Fees Lawsuit

McGuireWoods LLP on 8/3/2022

Students at Loyola University Chicago — like students at many institutions across the country — brought a putative class action suit against Loyola for breach of contract and unjust enrichment after Loyola suspended all...more

Forced to Flee: Insuring Against Political Risks

Pillsbury - Policyholder Pulse blog on 7/25/2022

IKEA’s Billy bookcase—so popular that one is reportedly sold every 10 seconds—recently got even cheaper, at least for Russians. IKEA is holding a fire sale as the company closes its stores and exits the Russian market. The...more

Did I waive the terms of my contract? - McGlinchey Commercial Law Bulletin - July 8, 2022

McGlinchey Stafford on 7/11/2022

Fair Debt Collection Practices Act- In this appeal, the Court of Appeals for the Sixth Circuit reversed and remanded the District Court for the Northern District of Ohio’s decision, finding the debt collector violated the...more

11 Key Strategies to Protect Your Company’s Supply Chain and Mitigate Risks Against Financially Distressed Customers and Suppliers

Foley & Lardner LLP on 7/7/2022

As we pass the midpoint of 2022 and the world expresses a collective sigh of relief that the worst of the COVID-19 pandemic seems to be behind us, a perfect storm of extraordinary factors is creating conditions for financial...more

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