We have covered a lot of business interruption insurance claims relating to the COVID-19 pandemic. The insureds almost always lose because the policies require some physical damage to property, and courts don’t think microscopic viruses cause physical damage, or because… Source by ContractsProf Blog Read More
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New York’s Attorney General Forces Doordash to Pay Workers for Stolen Tips
NY Attorney General Letitia James According to Andy Newman, writing last February in The New York Times, in the earlier years of Doordash, the company encouraged customers to tip and assured them, “Dashers will always receive 100 percent of the… Source by ContractsProf Blog Read More
Fun with Terms of Service, from John Coyle and the Transnational Litigation Blog
Unbeknownst to me, in 2023, the University of North Carolina’s John Coyle (right), declared June 12th to be Microsoft Contract Day. Every year, on that day, Professor Coyle revisits Microsoft’s dispute resolution provisions on the Transnational Litigation Blog and highlights… Source by ContractsProf Blog Read More
Twitter (X) Found Liable for Over $8 Million in Unpaid Rent for Office Space
We have had a series of posts now on attempts to “cancel” contracts. When NBC claimed to have “canceled” its contract with former Republican National Committee Chair, Ronna McDaniel, she sued for the value of her two-year, $600,000 contract. Elon… Source by ContractsProf Blog Read More
Home Depot Wins Summary Judgment on Class Action Relating to Rented Tools
Plaintiffs rented tools from Home Depot and then sought to bring two claims on behalf of a purported class of similarly-situated individuals. First, plaintiffs alleged that Home Depot overcharged them for late rental returns. Second, plaintiffs allege that when Home… Source by ContractsProf Blog Read More
Tricky Case on an Express Waiver of a Right to Arbitrate
Joseph Ginarte founded a law firm, Ginarte LLP (the Firm), in 1982. In 1991, he took on a partner and entered into a partnership agreement that included a provision for arbitration. The Firm hired Michael Gallardo in 2003, and he… Source by ContractsProf Blog Read More
Reporters of the Restatement of Consumer Contracts Provide a Guide
In 2012, the American Law Institute (ALI) invited Oren Bar-Gill (left), Omri Ben-Shahar (below , right) , and Florencia Marotta-Wurgler (below left) to serve as Reporters for a new Restatement of Consumer Contracts Law (the Restatement). Now, three years after… Source by ContractsProf Blog Read More