An online fee-shifting provision referenced by a hyperlink in a contract was not enforced since the contract did not communicate that the...

Triple Damages Case Survives Due to Alleged Lies

A plaintiff sued for contract damages, unjust enrichment, and what is called a quasi-contract concerning services he provided to a...

A person sold a piece of land with a side agreement that said that, under certain circumstances, they could repurchase the property at a...

The enforceability of non-compete provisions continues to be in the national spotlight. In a recent Delaware Supreme Court decision...

A Chapter 93A count was dismissed from a contract lawsuit based on the contract's choice of law clause. That clause said New York law...

Several states have recently passed new automatic renewal laws (ARLs) that regulate continuing or renewing contracts for goods and...

A Chapter 93A count was dismissed based on the contract's choice of law clause. On appeal, this was reversed even though the contract...

A commercial tenant asked for a declaratory judgment that it had provided proper notice of its option not to renew its lease. The trial...

A trial court ruling favoring a commercial landlord was affirmed because shutdown orders issued during the COVID-19 pandemic did not give...

A tenant defaulted on a commercial lease two months after entering into a five-year lease. As is frequently the case in commercial...

An employer who puts an arbitration agreement in an employee handbook cannot enforce it if it maintains the right to modify the handbook....

A contractor mismanaged funds paid by homeowners so that he needed more money to finish the project, failed to pay subcontractors, and...

A plaintiff was injured when an Uber driver collided with another vehicle. Uber asked to compel arbitration. It was denied because the...

With the proliferation of automatic renewal clauses in consumer contracts, new laws, generally called automatic renewal laws (ARL)...

A plaintiff sued to enforce a contract that said that if the other side did business with any of its customers in five years, the...

Delaware courts have decided that the plaintiff extinguished its breach of contract claims when it elected to terminate a merger...

Two parties entered into a contract that had an arbitration clause. About 10 years later they entered into a second contract which did...

Supply chains are crumbling. Manufacturers struggle to catch up with demand as the global economy recovers from the pandemic impacts on...

New deployments of smart devices and smart services are happening rapidly. Almost all new infrastructure should be informed by new...