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Statutory Interpretation Contract Disputes

Freiberger Haber LLP

Settlement Term Sheet Constitutes Instrument for the Payment of Money Only

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Pursuant to CPLR 3213, a plaintiff may commence an action “based upon an instrument for the payment of money only or upon any judgment” by filing a summons and motion for summary judgment in lieu of complaint. The statute...more

Foley & Lardner LLP

Scion Hotels vs. Holiday Hospitality: Navigating NJFPA Claims in Franchise Disputes

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Scion Hotels LLC appealed a federal district court’s ruling regarding the non-renewal of a franchise agreement under the New Jersey Franchise Practices Act (NJFPA). The United States Court of Appeals for the Third Circuit’s...more

Saiber LLC

The Saiber Construction Law Column: June 2025

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A statute of repose is a law that sets a fixed time limit after which a lawsuit cannot be brought regardless of when an alleged injury occurred or was discovered....more

Herbert Smith Freehills Kramer

Time’s Up: NSW Court of Appeal Reminder About the Importance of Understanding and Hitting Security of Payment Deadlines

The NSW Court of Appeal in Roberts Co (NSW) Pty Ltd v Sharvain Facades Pty Ltd (Administrators Appointed) [2025] NSWCA 161 has confirmed that, under the Building and Construction Industry Security of Payment Act 1999 (NSW)...more

McGuireWoods LLP

Corporate Defendants Take Note: California Supreme Court Rules State Law Requiring Timely Payment of Arbitration Fees Not...

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On Aug. 11, 2025, in Hohenshelt v. Superior Court, the California Supreme Court held that the Federal Arbitration Act does not preempt California Code of Civil Procedure Section 1281.98. The statute, intended to deter the...more

Buchalter

Late Fees, High Stakes: California Narrows Arbitration Fee Forfeiture Rule

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In its August 11, 2025 decision in Hohenshelt v. Superior Court (S284498), the California Supreme Court clarified the reach of Code of Civil Procedure Section 1281.98, the 30-day arbitration fee payment rule. While...more

Schwabe, Williamson & Wyatt PC

FAR Revisions for Extraordinary Contractual Actions and the Safety Act

The FAR Council is undertaking a systematic approach to revising the FARs. On July 31, 2025, it released its revisions to FAR Part 50 – Extraordinary Contractual Actions and the safety act. ...more

Nossaman LLP

Continuity of Care vs. Exclusive Contracting: What an Ongoing Dispute over a Hospital’s Exclusive Services Agreement Means for...

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With many hospitals turning to exclusive contracts to manage clinical services, understanding when statutory protections may be violated or when contracting decisions run opposed to medical staff bylaws is crucial. In a...more

Oliva Gibbs

Get back in your lane: North Dakota Supreme Court limits NDIC’s adjudicatory authority over saltwater gathering disputes

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In a rare rebuke of the North Dakota Industrial Commission (“NDIC”), the Supreme Court held that saltwater gathering is a post-production cost — and that the NDIC lacks authority to adjudicate disputes over such costs between...more

Fox Rothschild LLP

CICA Stay Preserved: COFC Rules in Favor of Protester, Applies Equitable Tolling

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The Competition in Contracting Act (CICA) of 1984 establishes a procedure that effectively pauses performance of a federal contract award during a bid protest. If a disappointed bidder files a protest with the Government...more

PilieroMazza PLLC

The Unusual Case of Obtaining a “Pause” on Performance After Missing the Filing Deadlines

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One of the primary benefits of filing a protest with the Government Accountability Office (GAO) is that it automatically puts the awarded contracts on hold, stopping the agency from proceeding with performance. To reap the...more

Gray Reed

It’s Been Decided, In Texas the Mineral Lessee, Not the Surface Owner, Owns Produced Water

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In Cactus Water v. COG Operating, the Supreme Court affirmed that mineral lessee COG, not water rights owner Cactus (who derived it rights from the surface owner), has the right to possession, custody, control, and...more

Morgan Lewis

Supreme Court to Resolve Federal Officer Removal Circuit Split in WWII Contracts Case

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The US Supreme Court on June 16, 2025 granted certiorari for an appeal from a divided opinion by the US Court of Appeals for the Fifth Circuit relating to the federal officer removal statute. The appeal comes after a jury...more

Fox Rothschild LLP

NJ Supreme Court Ruling Provides Public Agencies With Broad Discretion in Bidding Process

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The New Jersey Supreme Court recently issued an important opinion providing clear guidance for companies seeking to do business with the state of New Jersey, that in public works projects, bid documents must be in full...more

Bradley Arant Boult Cummings LLP

Bid Protests in New Mexico

In New Mexico, vendors who compete for public contracts have legal recourse if they believe that a government solicitation or contract award was improper. The New Mexico Procurement Code provides a formal bid protest process...more

Fox Rothschild LLP

GAO Holds that Enhanced Debriefing Timing Regulations Control Over Agency Instructions

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Timing is everything when it comes to bid protests at GAO. There is a mountain of GAO case law dismissing untimely protests. Contractors must strictly follow GAO’s regulations to avoid that fate and obtain a Competition...more

WilmerHale

SCOTUS to Decide the Scope of Federal Officer Removal for Federal Contractors

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On Monday, June 16, 2025, the U.S. Supreme Court granted certiorari in Chevron U.S.A. Inc. v. Plaquemines Parish, a case about the extent to which federal contractors can remove lawsuits to federal court under the federal...more

Kohrman Jackson & Krantz LLP

Ohio Supreme Court Reinforces the “Party Presentation Principle"

On May 28, 2025, the Supreme Court of Ohio passed on an opportunity to settle a long-standing legal question: Does Ohio law require a trial court to conduct an oral hearing before compelling arbitration under R.C. 2711.03?...more

Morris James LLP

Delaware Supreme Court Examines Contractual Ambiguity of Waiver Clauses

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Terrell v. Kiromic Biopharma, Inc., No. 131, 2024 (Del. Jan. 21, 2025) - In a decision addressing the interpretation of waiver clauses within stock option agreements, the Delaware Supreme Court reversed the Court of...more

Holland & Knight LLP

Navigating the Evolving Jurisdiction of the Court of Federal Claims Over OTA Agreements

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The U.S. Court of Federal Claims (COFC) recently addressed the scope of its jurisdiction over Other Transaction Authority (OTA) agreements in the case of Telesto Group, LLC v. United States, No. 1:24-cv-01784. The case...more

Troutman Pepper Locke

Fifth Circuit Finds ANR Pipeline’s Tariff Does Not Require Simultaneous Delivery for Short-Notice Shipments

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On May 22, 2025, the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed a dispute between ANR Pipeline Company (“ANR”) and FERC. The case centered on the interpretation of ANR’s tariff and whether it...more

Mayer Brown

Whats 'Appening? The Impact of Technologies on Legal Formality Requirements?

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While lawyers may still be wary of using WhatsApp in their professional life, the business world has been eager to embrace it. But what weight does a WhatsApp message (or the content of any messaging platform) have and how...more

JAMS

From 1925 to Today: How the FAA Transformed Dispute Resolution

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In 1925, Congress enacted the Federal Arbitration Act (FAA) requiring courts to enforce agreements to arbitrate as valid contract provisions. Business communities and trade associations campaigned vigorously in support of its...more

King & Spalding

Michigan Bankruptcy Court Finds Commercial Loan Not Usurious Under Michigan’s “Distressing” Framework of Usury Statutes

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On March 17, 2025, the U.S. Bankruptcy Court for the Eastern District of Michigan denied a borrower’s motion for summary judgment, finding that a secured loan did not violate Michigan’s usury laws. In so holding, the court...more

Jackson Walker

Business Court of Texas Clarifies “Qualified Transaction” Jurisdiction

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The Business Court of Texas’ recent opinion in Atlas IDF, LP v. NexPoint Real Estate Partners, LLC offers important guidance on the meaning of a “qualified transaction” under Texas Government Code Chapter 25A and the...more

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