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Tag Archives: Contract

New company not liable for prior entity’s breach of settlement agreement (access required)

Where a new company was not a mere continuation of a prior company, and did not engage in a de facto merger with that prior company, the new entity was not liable for the prior one’s failure to meet payment ...

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Complaint against pharmaceutical firm fails (access required)

Where a complaint alleging that Teva Pharmaceuticals breached a contract by failing to use commercially reasonable efforts to market a particular drug, but failed to plead facts showing what efforts Teva should have made, the complaint was dismissed. Background This breach ...

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Long litigation waives arbitration provision (access required)

Where defendants, who are minority shareholders, have litigated for six years concerning access to plaintiff’s corporate records, defendants cannot invoke an arbitration provision after plaintiff sought declarative and injunctive relief concerning its rights and responsibilities to defendants. Defendants have waived ...

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Jury to decide whether defendants breached contract (access required)

Although summary judgment was granted to two companies hired to provide “quality assurance” and “quality control” services on a bridge construction project, there are disputed issues of material fact over the contract terms. Now a jury will decide whether the companies ...

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