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OAN Loses Breach Of Contract Case Against AT&T In CA, Refiles It In DC As Tort Suit

Above The Law

The post OAN Loses Breach Of Contract Case Against AT&T In CA, Refiles It In DC As Tort Suit appeared first on Above the Law. Well, they already had it drafted. Don't want to waste a pleading.

Tort 97
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Walmart Hit With $101M Verdict In Trial Over PPE Contracts

Law 360

An Arkansas jury hit Walmart with a $101 million verdict Tuesday for breaching an agreement to purchase more than $500 million in personal protective equipment amid the coronavirus pandemic, while also finding in favor of the retail giant's tort counterclaims.

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Justices order vigorous enforcement of choice-of-law clauses in maritime insurance contracts

SCOTUSBlog

The argument revealed a bench deeply skeptical of the uncertainty maritime insurance contracts would face under a lower-court decision limiting the enforcement of choice-of-law clauses in those contracts. The contract, like most American marine insurance contracts, called for the application of New York law.

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Government immunity narrowed for non-tort claims

At the Lectern

Santa Clara County, which operates a plan, had asserted that a separate statutory scheme — the Government Claims Act — immunizes it from reimbursement lawsuits when the provider doesn’t have a contract with the plan. ” (Link added.) ” (Link added.) .” ” (Link added.)

Tort 45
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Claim regarding retirement benefit calculation was not a tort claim.

Day on Torts

Although plaintiff labeled his complaint as a tort claim, the gravamen of the complaint was a dispute over “the amount, time and manner of payment of plaintiff’s pension plan benefits.” Plaintiff asserted claims for breach of contract, negligence, and negligent infliction of emotional distress. Code Ann. §

Tort 59
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State responsible for allegedly dangerous condition on state-owned highway despite contracting maintenance out to city.

Day on Torts

Although the State had contracted with a municipality for the maintenance of a state-owned highway, the State still bore “the ultimate responsibility for inspecting and maintaining [the highway],” and “the contract did not absolve the State of potential liability for failing to do so.” The Court rejected this argument.

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Vegetation management contractor had no duty to remove tree located beyond scope of contract with electrical service.

Day on Torts

Defendant Wolf Tree (Wolf) filed a motion for summary judgment arguing that it owed no duty to plaintiffs because “its contract with SCES explicitly stated that it was not to prune service drops,” because “it had no statutory or common law duty,” and because “Plaintiffs could show no evidence of a negligent or intentional trespass or nuisance.”