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Tag Archives: Contract

Payment didn’t moot inducement claim (access required)

Where defendants sued for failing to make a settlement payment fulfilled that obligation (with interest) during the litigation, the payment mooted the breach of contract claim but not the fraudulent inducement claim because the plaintiff also sought out-of-pocket expenses, lost ...

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Breach of contract suit claims failure to pay (access required)

IBM unsuccessfully argued that its subcontractors’ breach of contract suit alleging it failed to pay them for options years violated an anti-assignment provision in its terms and conditions, constituted an unenforceable penalty or was contrary to a limitation of liability ...

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Non-breaching party awarded over $1.6M in attorneys’ fees (access required)

Where an agreement between two parties waived consequential damages but one party breached that agreement and sued for damages between $30-90 million, the non-breaching party was entitled to recover over $1.6 million in attorneys’ fees and costs incurred in defending ...

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Inventor alleges company used trade secrets (access required)

The inventor of a portable drain cleaning tool has sued its former distribution partner, alleging it breached a nondisclosure agreement and used confidential information to develop a competing product.  Background Plaintiffs C. Charles Gallo, CDC Products Inc. and Quality Innovations ...

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Ongoing settlement discussions with third party not discoverable (access required)

Where the plaintiff in a breach of contract case sought to discover settlement discussions between the defendant and a third party, the defendant was granted a protective order. It was not clear the settlement information was relevant to the case ...

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