Massachusetts Highest Court Rules Benefit of the Bargain Damages Can Include Expectancy Loss in Value of Laboratory for Medical Researcher
6/16/20
By: Catherine Scott
It is a long-settled principle of contract law that an individual who seeks to recover damages under a broken contract will only be allowed to recover a figure sufficient to put that person in the place he or she would have been had the …
Court Rules No Coverage For Pa. Law Firm's Malpractice Suit
11/26/18
By: Barry Brownstein
An insurer does not have to cover a Pennsylvania law firm in a professional malpractice suit that a client filed after the firm allegedly used privileged information to benefit its attorneys’ side business in a real estate …
The Cannabis Industry Takes Another Step Towards Mainstream
11/12/18
By: David Molinari
In 1996, the People of the State of California first passed an initiative to legalize medicinal cannabis. The legislature toyed with drafting the statutory framework regulating the medical cannabis industry. Finally, in 2014 the first “legal” medicinal …
Non-Disclosure Provisions – Who Is Bound?
9/5/18
By: Josh Ferguson
A California Appellate Court recently ruled that the non-disclosure and confidentiality terms of a settlement agreement bind only the parties, and not counsel, unless specifically stated otherwise.
The case involved Monster Energy Company suing Bruce Schecter and …
Insuring Against Rule 68 Offers of Settlement
6/28/18
By: Matt Grattan
One tool defense lawyers in Georgia frequently use to induce settlements is an offer of settlement under O.C.G.A. 9-11-68. Rule 68 allows either party to a tort action to serve a written offer to settle the claim, …
Devil Wine not a “Peril Insured Against"
4/3/18
By: Eric P. Benedict
A California Appellate Court recently ruled that a wine dealer’s fraud was not covered under a collector’s “Valuable Possessions” property insurance policy after the collector discovered that millions of dollars in “rare” wine bottles were sold …