News & Analysis as of

Remand Contract Disputes

McGlinchey Stafford

5th Circuit Reminder: Forum Selection Clause Cannot Strip a Federal Court of Jurisdiction

McGlinchey Stafford on

The 5th Circuit recently reversed a district court’s decision to remand a case before ruling on a pending motion to compel arbitration. This is because the remand motion did not challenge the district court’s jurisdiction;...more

Katten Muchin Rosenman LLP

Fifth Circuit Affirms Party's Strategic Maneuver to Compel Arbitration From Federal Court Even When Forum Clause Required Remand

In a notable clarification of removal and arbitration procedure, the Fifth Circuit in Odom Industries, Inc. v. Sipcam Agro Solutions, LLC, No. 24-60410 (5th Cir. June 4, 2025), held that a defendant may remove a case to...more

Butler Snow LLP

Disagreement of the minds? Texas Supreme Court hears arguments on implied revocation contracts doctrine.

Butler Snow LLP on

“Meeting of the minds” is a phrase that every lawyer remembers spoken in the voice of their 1L contracts professor. Amid the explanation of offer, acceptance, and the ever-perplexing concept of consideration, the objective...more

Jaburg Wilk

Putting the Shine on Schein, and What Does Vin Diesel Have to Say About Arbitrations?

Jaburg Wilk on

As Dominic Toretto says: “Ask any racer, any real racer, it doesn’t matter if you win by an inch or a mile, winning’s winning.” “Fast and Furious” is the tenth highest-grossing film series ever, with a combined gross of over...more

Perkins Coie

Completion of Construction Did Not Render Suit for Violation of Public Bidding Laws Moot

Perkins Coie on

A claim that a contract for construction of a school violated public bidding requirements did not become moot after construction was completed because effective relief — in the form of disgorgement of public funds paid to the...more

McDermott Will & Emery

Breach of Contract Claim Does Not Arise Under Patent Law

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit reversed a district court decision that retained jurisdiction over a breach of contract action, finding that the action did not sufficiently implicate issues of patent law and...more

Burr & Forman

Eleventh Circuit Affirms That Banks Must Use Unambiguous Language When Disclosing Methods For Assessing Overdraft Fees

Burr & Forman on

In Carol Tims v. LGE Community Credit Union, the Eleventh Circuit Court of Appeals held that a credit union’s account agreement with one of its customers was ambiguous about which account balance calculation the bank would...more

Bradley Arant Boult Cummings LLP

Failure by Injured Party to Take Reasonable Action May Limit Recovery - Construction and Procurement Law News, Q2 2018

There are instances where a party’s breach of the construction contract is undisputed. However, the amount of recoverable damages often hinges on the injured party’s own conduct both during and following that breach. The...more

Troutman Pepper Locke

Texas Court of Appeals Holds That Owner’s Change to Contractor’s Means and Methods Resulted in a “Breach,” Instead of a “Change”...

Troutman Pepper Locke on

Port of Houston Auth. of Harris Cnty. v. Zachry Constr. Corp., 2016 Tex. App. LEXIS 13306 (Tex. App. Houston 14th Dist. Dec. 15, 2016) - This contract dispute dates back to 2004, when the Port of Houston Authority...more

Gray Reed

More Seismic Rumbling in Louisiana

Gray Reed on

In Olympia Minerals et al v. HS Resources, et al, the Louisiana Supreme Court addressed a decision we discussed in a February entry by affirming in part, reversing in part, amending in part and remanding (because why do one...more

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