News & Analysis as of

Summary Judgment Limitation of Liability Clause

Freiberger Haber LLP

Consequential Damages: Are They Foreseeable?

Freiberger Haber LLP on

In BLDG 44 Developers LLC v. Pace Companies N.Y., LLC, 2025 N.Y. Slip Op 32881(U) (Sup. Ct., N.Y. County July 25, 2025) (here), BLDG 44 Developers LLC sued Pace Companies New York, LLC for breach of contract, seeking...more

Bradley Arant Boult Cummings LLP

$800M Dispute Over Pumped Storage Hydro Project Heads to Trial

A federal judge in Michigan last week rejected a contractor’s efforts to avoid a jury trial this fall in its dispute with the owner of the Ludington Pumped Storage Hydro plant. The case involves a project to overhaul the...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - January 30 2023

Rivkin Radler LLP on

Southern District Refuses To Use Extrinsic Evidence “Bound Up With Merits” Of Underlying Action To Defeat Duty To Defend- 622 Third Avenue LLC filed a declaratory judgment action against Harleysville Worcester Insurance...more

Snell & Wilmer

Exceptions to the Enforceability of Limitation of Liability Clauses

Snell & Wilmer on

A common feature of some contracts, including construction and design contracts, is a limitation of liability clause that limits or "caps" the amount of potential damages a party faces in the event of a breach. Although...more

Troutman Pepper Locke

Montana Supreme Court Holds That A Waiver Of Consequential Damages And A Partial Limitation Of Liability In A Design Contract Are...

Troutman Pepper Locke on

Zirkelbach Constr., Inc. v. DOWL, LLC, 2017 Mont. Lexis 591 (Mont., Sept. 26, 2017) - In interpreting a state statute which makes contractual limitations on a party’s liability unenforceable in certain instances, the...more

Carlton Fields

Reinsurer’s Motion For Reconsideration Over Liability Caps Denied

Carlton Fields on

In a case on which we previously reported, a federal court in New York recently denied plaintiff insurer’s motion to reconsider the court’s order granting defendant reinsurer’s motion for partial summary judgment. In that...more

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