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10 Jul 2020, 1:26 pm
It drew essentially verbatim from a widely used template known as the ASBATANKVOY form, named after the Association of Ship Brokers & Agents (USA) Inc. [read post]
18 May 2020, 6:33 pm by scottgaille
Over the course of the last few months, lawyers have been deluged with articles about COVID-19 and force majeure, much of them containing quite similar content and analysis. [read post]
1 Apr 2020, 2:31 am by Florence Campbell Jones
A recent 2019 case, Classic Maritime3, demonstrates that the party seeking to rely on the force majeure provision must demonstrate that the claimed event of force majeure was the direct cause of its failure to perform its contractual obligations. [read post]
24 Mar 2020, 4:00 am by Kimberly A. Kralowec
Landry’s Restaurant Inc., 32 Cal.App.5th 276 (2019), which the Court of Appeal found distinguishable. [read post]
20 Feb 2020, 7:54 am by Hunton Andrews Kurth LLP
Finally, even if the exclusions did not apply, Great American asserted that the policy did not provide coverage for the underlying breach of warranty claims and was never triggered because Kormondy’s primary insurance has not yet been exhausted. [read post]
Finally, even if the exclusions did not apply, Great American asserted that the policy did not provide coverage for the underlying breach of warranty claims and was never triggered because Kormondy’s primary insurance has not yet been exhausted. [read post]
12 Nov 2019, 4:00 pm
FACEBOOK, INC., : MARK ZUCKERBERG, : Defendants. : November 12, 2019 COMPLAINT 1. [read post]
12 Nov 2019, 4:00 pm
FACEBOOK, INC., : MARK ZUCKERBERG, : Defendants. : November 12, 2019 COMPLAINT 1. [read post]
Got Warranty, Inc., et al, the Northern District Court of Western Virginia held that the robocallers caused a concrete, particularized harm such that the plaintiff’s Telephone Consumer Privacy Act putative class action claim could survive a motion to dismiss. [read post]
25 Sep 2019, 1:12 pm by Overhauser Law Offices, LLC
Fanimation claims “original buyers” of its fans from direct sales or those through an Authorized Dealer receive a warranty that is redeemable with proof of purchase, purchase order, or invoice number. [read post]
16 May 2019, 10:21 am by MOTP
I agreewith the majority that Elizondo breached both his deposit agreement with CadenceBank (the Deposit Agreement) and the warranty he gave the bank pursuant to theUCC that the cashier’s check he had deposited into his IOLTA account at the bankwas good when he directed Cadence to transfer funds from his account to a foreignentity during the provisional settlement period. [read post]
18 Apr 2019, 2:42 pm by John Elwood
The case concerns whether a contractual “safe port” or “safe berth” clause in the contract governing the charter providing that CITGO would direct the tanker to a “safe place or wharf” constituted a warranty of safety (as the U.S. [read post]
19 Mar 2019, 11:09 am by Rebecca Tushnet
Vitamin Shoppe, Inc., 2019 WL 1200554, No. 17-cv-01590-BEN-KSC (S.D. [read post]