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Full-Text Articles in Law

Boesiger V. Desert Appraisals, Llc, 135 Nev. Adv. Op. 25 (July 3, 2019), Jeff Garrett Sep 2019

Boesiger V. Desert Appraisals, Llc, 135 Nev. Adv. Op. 25 (July 3, 2019), Jeff Garrett

Nevada Supreme Court Summaries

The Court held that Appellants provided insufficient evidence to show that Respondents had a duty to Appellant or breached their duty to Appellant. The Appellants failed to provide the required expert testimony necessary for a case concerning the professional conduct of a profession whose standards and procedures are not known to the public. Additionally, because the contract between the Appellants and the Respondents did not expressly name the Appellants as third-party beneficiaries, the Appellants do not have standing to request the contract be enforced.


Rose, Llc., V. Treasure Island, Llc., 135 Nev. Adv. Op. 19 (Jun. 6, 2019), Ben Coonan Sep 2019

Rose, Llc., V. Treasure Island, Llc., 135 Nev. Adv. Op. 19 (Jun. 6, 2019), Ben Coonan

Nevada Supreme Court Summaries

The Court found that (1) strict compliance with contract notice requirements is unnecessary if the defaulting party receives actual notice and no prejudice resulted from failure to comply strictly with the contract terms; and (2) a party is not necessary under NRCP 19 unless the other parties to the litigation cannot obtain complete relief in that party’s absence.


Mmawc, Llc V. Zion Wood Obi Wan Trust, 135 Nev. Adv. Op. 38 (Sep. 5, 2019), John Mccormick-Huhn Sep 2019

Mmawc, Llc V. Zion Wood Obi Wan Trust, 135 Nev. Adv. Op. 38 (Sep. 5, 2019), John Mccormick-Huhn

Nevada Supreme Court Summaries

The Court determined that the Federal Arbitration Act (“FAA”) preempted NRS § 597.995, which required any agreement containing an arbitration provision to also provide affirmative authorization to the arbitration by the agreement’s parties.


Pardee Homes Of Nevada V. Wolfram, 135 Nev. Adv. Op. 22 (July 3, 2019), Michael Desmond Sep 2019

Pardee Homes Of Nevada V. Wolfram, 135 Nev. Adv. Op. 22 (July 3, 2019), Michael Desmond

Nevada Supreme Court Summaries

The Court determined that (1) any party seeking attorney fees as special damages must comply with NRCP 9(g), (2) the prevailing party in a two-party breach of contract suit is not entitled to attorney fees as special damages, and (3) any party seeking attorney fees pursuant to express contractual provisions is so entitled upon prevailing in the suit.


Apple V. Pepper: Rationalizing Antitrust’S Indirect Purchaser Rule, Herbert J. Hovenkamp May 2019

Apple V. Pepper: Rationalizing Antitrust’S Indirect Purchaser Rule, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

In Apple v. Pepper the Supreme Court held that consumers who allegedly paid too much for apps sold on Apple’s iStore could sue Apple for antitrust damages because they were “direct purchasers.” The decision reflects some bizarre complexities that have resulted from the Supreme Court’s 1977 decision in Illinois Brick, which held that only direct purchasers could sue for overcharge injuries under the federal antitrust laws. The indirect purchaser rule was problematic from the beginning. First, it was plainly inconsistent with the antitrust damages statute, which gives an action to “any person who shall be injured in his ...


Say On Purpose: Lessons From Chinese Corporate Charters, Li-Wen Lin Mar 2019

Say On Purpose: Lessons From Chinese Corporate Charters, Li-Wen Lin

Faculty Publications

No abstract provided.


Robert 0 . Scarborough, Jr Et Al., Order On Defendants' Motion For Judgment On The Pleadings As To Counts Iv, Vi, Vii Of The Fourth Amended Complaint, Elizabeth E. Long Mar 2019

Robert 0 . Scarborough, Jr Et Al., Order On Defendants' Motion For Judgment On The Pleadings As To Counts Iv, Vi, Vii Of The Fourth Amended Complaint, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


Drummond Financial Serivces, Llc Et Al., Order On Summary Judgment Motions, John J. Goger Mar 2019

Drummond Financial Serivces, Llc Et Al., Order On Summary Judgment Motions, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Equitrade International, Inc. Et Al., Final Order Granting Defendant's Motion For Summary Judgment And Closing Case, John J. Goger Mar 2019

Equitrade International, Inc. Et Al., Final Order Granting Defendant's Motion For Summary Judgment And Closing Case, John J. Goger

Georgia Business Court Opinions

No abstract provided.


John Souza Et Al., Order On Defendants' Motions For Summary Judgment, Elizabeth E. Long Mar 2019

John Souza Et Al., Order On Defendants' Motions For Summary Judgment, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


Samaca, Llc, Amended Order On Defendants' Motion For Attorneys' Fees And Expenses And Plaintiff Samaca, Llc's Cross Motion To Compel Arbitration Of Defendants' Motion For Legal Expenses, Alice D. Bonner Mar 2019

Samaca, Llc, Amended Order On Defendants' Motion For Attorneys' Fees And Expenses And Plaintiff Samaca, Llc's Cross Motion To Compel Arbitration Of Defendants' Motion For Legal Expenses, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


Gush. Small Et Al., Order On Defendant Lankford's Motion To Compel Discovery And Plaintiffs' Motion For Protective Order, John J. Goger Mar 2019

Gush. Small Et Al., Order On Defendant Lankford's Motion To Compel Discovery And Plaintiffs' Motion For Protective Order, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Drummond Financial Services, Llc, Order On Motions For Protective Orders And To Quash Proposed Depositions And To Amend The Case Management Order, John J. Goger Mar 2019

Drummond Financial Services, Llc, Order On Motions For Protective Orders And To Quash Proposed Depositions And To Amend The Case Management Order, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Samaca, Llc, Order On Defendants' Motion For Attorneys' Fees And Expenses And Plaintiff Samaca, Llc's Cross Motion To Compel Arbitration Of Defendant's Motion For Legal Expenses, Alice D. Bonner Feb 2019

Samaca, Llc, Order On Defendants' Motion For Attorneys' Fees And Expenses And Plaintiff Samaca, Llc's Cross Motion To Compel Arbitration Of Defendant's Motion For Legal Expenses, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


Nancy Johnson Et Al., Order Denying Motion To Withdraw As Counsel, Kathy Lee Ellerbee Feb 2019

Nancy Johnson Et Al., Order Denying Motion To Withdraw As Counsel, Kathy Lee Ellerbee

Georgia Business Court Opinions

No abstract provided.


Nancy Johnson Et Al., Order On Discovery Dispute, Kelly Lee Ellerbee Feb 2019

Nancy Johnson Et Al., Order On Discovery Dispute, Kelly Lee Ellerbee

Georgia Business Court Opinions

No abstract provided.


Greenlife Energy Solutions, Llc, Order On Motions To Dismiss, Kelly Lee Ellerbe Feb 2019

Greenlife Energy Solutions, Llc, Order On Motions To Dismiss, Kelly Lee Ellerbe

Georgia Business Court Opinions

No abstract provided.


Hushing Contracts, David A. Hoffman, Eric Lampmann Feb 2019

Hushing Contracts, David A. Hoffman, Eric Lampmann

Faculty Scholarship at Penn Law

The last few years have brought a renewed appreciation of the costs of nondisclosure agreements that suppress information about sexual wrongdoing. Recently passed bills in a number of states, including New York and California, has attempted to deal with such hush contracts. But such legislation is often incomplete, and many courts and commentators continue to ask if victims of harassment can sign enforceable settlements that conceal serious, potentially metastasizing, social harms. In this Article, we argue that employing the public policy doctrine, courts ought to generally refuse to enforce hush agreements, especially those created by organizations. We restate public policy ...


Morris Hardwick Schneider, Llc Order On Plaintiff's Motion To Compel, Kelly Lee Ellerbee Feb 2019

Morris Hardwick Schneider, Llc Order On Plaintiff's Motion To Compel, Kelly Lee Ellerbee

Georgia Business Court Opinions

No abstract provided.


Contracts Formed By Software: An Approach From The Law Of Mistake, Vincent Ooi Feb 2019

Contracts Formed By Software: An Approach From The Law Of Mistake, Vincent Ooi

Centre for AI & Data Governance

A ‘Contracting Problem’ arises when software is used to autonomously enter into contracts without human input. Questions arise as to how and whether there can be an expression of an objective intention to be legally bound. This article considers three leading solutions to the Contracting Problem. The ‘Mere Tools Theory’, which views software as ‘mere tools’ of communication, is too harsh as it binds users to any software malfunction. The Agency Approach, which treats software as Electronic Agents, capable of contracting on behalf of their users, is untenable as it ascribes unrealistic characteristics to software. The article submits that the ...


The Best Of Times And The Worst Of Times: The Current Landscape Of Mandatory Arbitration Clause Enforcement In Domestic Arbitration, Virginia Neisler Feb 2019

The Best Of Times And The Worst Of Times: The Current Landscape Of Mandatory Arbitration Clause Enforcement In Domestic Arbitration, Virginia Neisler

Law Librarian Scholarship

There is nothing new about arbi­tration, a method of alternative dispute resolution designed to settle disputes more efficiently, cheaper, and faster than litigation. Today, mandatory arbitration clauses are ubiquitous in commercial contracts, social media terms and conditions, employment contracts, and more. These contracts, where one party in the weaker position (often a consumer or an employee) must either accept or reject the terms as written with no power to negotiate, are known as contracts of adhesion. The widespread use of arbitration clauses—specifically, pre­dispute, forced arbitration agreements, often including class­action waiv ers found in adhesion contracts—has ...


Premier Porfolio 2, Llc Order On Motion To Dismiss, Elizabeth E. Long Jan 2019

Premier Porfolio 2, Llc Order On Motion To Dismiss, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


Drummond Financial Services, Llc, Order On Pending Motions And Discovery Disputes, John J. Goger Jan 2019

Drummond Financial Services, Llc, Order On Pending Motions And Discovery Disputes, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Morris Hardwick Schneider, Llc Order Striking Defendant Divot Holdings, Llc's Answer, Kelly Lee Ellerbee Jan 2019

Morris Hardwick Schneider, Llc Order Striking Defendant Divot Holdings, Llc's Answer, Kelly Lee Ellerbee

Georgia Business Court Opinions

No abstract provided.


Cambridge Swinerton, Llc, Order Denying Defendant New Alenco Windows, Ltd.'S Motion To Transfer Venue, Alice D. Bonner Jan 2019

Cambridge Swinerton, Llc, Order Denying Defendant New Alenco Windows, Ltd.'S Motion To Transfer Venue, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


A New Look At Contract Mistake Doctrine And Personal Injury Releases, Grace M. Giesel Jan 2019

A New Look At Contract Mistake Doctrine And Personal Injury Releases, Grace M. Giesel

Brandeis School of Law Faculty Scholarship

One might expect a court to look very skeptically when a party to a personal injury release asks a court to set aside the release. But many courts have reacted atypically when injured parties who have settled their claims have sought to have those releases set aside on the basis of a lack of understanding or knowledge about the injury. Absent facts supporting a claim of fraud or duress, injured parties have turned to the mistake doctrine for relief.


From The Courtroom To The Classroom: How A Litigator Became A Transactional Drafting Professor, Amy Bauer Jan 2019

From The Courtroom To The Classroom: How A Litigator Became A Transactional Drafting Professor, Amy Bauer

Articles

No abstract provided.


Empiricism And Privacy Policies In The Restatement Of Consumer Contract Law, Gregory Klass Jan 2019

Empiricism And Privacy Policies In The Restatement Of Consumer Contract Law, Gregory Klass

Georgetown Law Faculty Publications and Other Works

The Draft Restatement of the Law of Consumer Contracts includes a quantitative study of judicial decisions concerning businesses’ online privacy policies, which it cites in support of a claim that most courts treat privacy policies as contract terms. This Article reports an attempt to reproduce that study’s results. Using the Reporters’ data, this study was unable to reproduce their numerical findings. This study found in the data fewer relevant decisions, and a lower proportion of decisions supporting the Draft Restatement position. It also found little support for the Draft’s claim that there is a clear trend recognizing privacy ...


Parol Evidence Rules And The Mechanics Of Choice, Gregory Klass Jan 2019

Parol Evidence Rules And The Mechanics Of Choice, Gregory Klass

Georgetown Law Faculty Publications and Other Works

Scholars have to date paid relatively little attention to the rules for deciding when a writing is integrated. These integration rules, however, are as dark and full of subtle difficulties as are other parts of parol evidence rules. As a way of thinking about Hanoch Dagan and Michael Heller’s The Choice Theory of Contracts, this Article suggests we would do better with tailored integration rules for two transaction types. In negotiated contracts between firms, courts should apply a hard express integration rule, requiring firms to say when they intend a writing to be integrated. In consumer contracts, standard terms ...


Recovering Misdirected Trust Assets In The Face Of Torrens Indefeasibility, Alvin W. L. See Jan 2019

Recovering Misdirected Trust Assets In The Face Of Torrens Indefeasibility, Alvin W. L. See

Research Collection School Of Law

Where misdirected trust asset consists of, or becomes invested in,registered land, whether the beneficiary could recover it from the recipient isdoubtful given that the Torrens system, through the principle ofindefeasibility, effects a substantial reversal of the priority rules under thegeneral law. The key to unravelling the seemingly contradictory cases on thistopic is to be sensitive to the diversity in drafting and interpretation of thedifferent Torrens legislations, with particular focus on whether the principleof indefeasibility also protects registered volunteers. Through a comparative studyof the Torrens jurisdictions in Australia and Singapore, this article highlightshow the position differs from jurisdiction to jurisdiction ...