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Corporate & Securities Law

ContractsProf Blog

Contract law resources, information, and news for the academic community.

Post Frequency: 8.1/day

Last Entry: April 01, 2011 at 16:53:52

Now in Print

Posted on August 01, 2008
Now available in print: - George S. Geis, Automating Contract Law, 83 N.Y.U. L. Rev. 450 (2008). - Mariana Pargendler, Modes of Gap Filling: Good Faith and Fiduciary Duties Reconsidered, 82 Tul. L. Rev. 1315 (2008). - Lawrence Solan, Terri...

California Court First To Declare Cell Phone Early Termination Fee Illegal

Posted on August 01, 2008
This just in from SiliconValley.com: Californians fed up with being charged for ending their cell phone service prematurely won a major victory in a Bay Area court decision that concluded such fees violate state law. In a preliminary ruling Monday,...

Estate Fails to Establish Mistake of Fact as Ground to Rescind Decedent?s Annuity

Posted on July 30, 2008
Jean M. Simes (Simes) died of cancer less than four months after purchasing an annuity that provided for monthly benefit payments as long as she lived. The administrators of her estate (the Estate), sought to rescind the annuity based on...

The Boss on the Hold Up Game (and Gas Prices)

Posted on July 29, 2008
Back in June, after Adam Liptak's NYT article about the use of Dylan's lyrics in judicial opnions, Prof. Katrina Kuh lamented that: Bruce Springsteen ranks as the third most-cited rocker in judicial opinions. However, I can?t help but think that,...

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We Plead the Fifth

Posted on July 28, 2008
It is undeniable that, here at ContractsProf Blog, we love all things Rose the 2d of Aberlone. And, we took great interest in this story, via Jeffrey Lipshaw at Legal Profession Blog: As I'm still a member in good standing...

Law Firm Partnership Exits, Partnership Contracts and Fiduciary Limbo

Posted on July 26, 2008
With my Business Organizations students, after reading the "grabbing and leaving" agency cases, I always raise the question of what an exiting law firm partner can do without breaching her fiduciary duty to the partnership - in preparation to leave...

Another Plug for The Slippery Slope

Posted on July 24, 2008
This time, I think I need not ask forgiveness for a shameless plug for my new podcast project, The Slippery Slope. While the project features general interest, law-related conversations on a wide variety of topics, the most recent episode actually...

"A Kiss is not a Contract"

Posted on July 23, 2008
A little July humor from Flight of the Conchords. Caveat: contains language and themes that may not be appropriate for work or the company of children. The summary: a kiss does not constitute a binding promise of anything more (maybe...

Catfight: Barbie v. the Bratz

Posted on July 22, 2008
She may look all, "Oooh, let's have a tea party," but Barbie (left) can be a monster in the courtroom. According to news reports, including this one in Tradingmarkets.com, Barbie's Mattel has prevailed over rival MGA, distributor of the Bratz...

Fault in Contract Law at the University of Chicago

Posted on July 22, 2008
Ariel Porat and Omri Ben-Shahar provide the following information about an upcoming conference: The University of Chicago Law School and the Michigan Law Review are hosting a conference on FAULT IN CONTRACT LAW. Fault is often considered a tort doctrine,...

Limerick of the Week: The Punctilio

Posted on July 22, 2008
I make a big deal out of Cardozo's opinion in Meinhard v. Salmon. The paragraph in which he defines the fiduciary duty among co-venturers in a business is as close to poetry as any legal opinion has ever come. Here...

Missouri Appeals Court Holds that Employee ADR Program is Not an Enforceable Contract

Posted on July 21, 2008
In late June, the Missouri Court of Appeals addressed the legal enforceability of a program adopted by Hallmark requiring employees to arbitrate employment disputes. The court held that Hallmark's ADR program did not constitute a contract and that there was...

Tangential Rant on a Pet Peeve

Posted on July 17, 2008
This rant is probably more aptly blogged by our friends over at this blog or even this blog, but it will really make me feel better to get this off my chest. When I read this sentence from an inane...

Arbitration Fairness Act Moves to Full Committee

Posted on July 16, 2008
Prof. Paul Secunda / Workplace Prof Blog reports that, yesterday, the House Commercial and Administrative Law Subcommittee decided by a voice vote to report the Arbitration Fairness Act bill (H.R. 3010) favorably to the full House Judiciary Committee...

Why Borat Release Agreement is Niiice!

Posted on July 16, 2008
We've mentioned the "Borat" release on these pages before. Kent Raygor and Bardia Bakhtari have a fairly detailed discussion of the terms of the release in today's NYLJ in an article titled "Great Success! 'Borat's' Release Agreement Averts Liability...

Bull Semen Mix-Up Leads to �67,000 Damage Award

Posted on July 15, 2008
Here's a story for good old Rose the Second of Aberlone. After wrongly labeling the semen of a "valuable Aberdeen Angus bull," a UK artificial insemination center has been ordered to pay �67,000 in damages. The story from the BBC:...

Government Contracts: Are They Sui Generis?

Posted on July 14, 2008
Over at the Commercial Law Blog, Jennifer Martin reports and comments on a recent discussion of the nature of government contracts. We have recommended Professor Martin's writings on the subject of wartime contracts before here. For those interested in the...

Limerick of the Week: Fenwick

Posted on July 14, 2008
Nothing like a trip to the beauty shop to address a bad hair day (left). But when is a beauty shop receptionist a partner and when is she an employee? In Fenwick v. Unemployment Compensation Committee, we learn that the...

Iowa Supremes Rule in Favor of Ice Cream

Posted on July 14, 2008
This Iowa case is a good one for the summer, at least to the extent it involves the production of ice cream. Pursuant to a contract between Wells Diary and Pillsbury, Wells promised to produce Haagen-Dazs ice cream for Pillsbury....

The Slippery Slope

Posted on July 14, 2008
I hope I will be forgiven for using this space for a non-contracts item. I wanted readers to know that I have launched a side-side-project of general interest law-related podcasts. Please check it out. You can learn more about the...

Now in Print

Posted on July 12, 2008
- Shmuel I. Becher and Tal Z. Zarsky, E-contract Doctrine 2.0: Standard Form Contracting in the Age of Online User Participation, 14 Mich. Telecomm. & Tech. L. Rev. 303-366 (2008). - Margaret F. Brinig, Are All Contracts Alike? 43 Wake...

Subscriber Sues Newspaper for Staff Cuts

Posted on July 11, 2008
Raleigh, North Carolina's 's News & Observer reports that Raleigh's News & Observer is being sued by a subscriber angered by new staff cuts. Durham attorney Keith Hempstead alleges that he renewed his subscription just before the newspaper announced that...

Special Commemorative Poem

Posted on July 10, 2008
This past week, I have been occupied with sewage problems at home. The sewer line coming out of my house pulled away from the house and was also damaged in other ways that were discovered only after a man who...

Telman is Shifting Paradigms!

Posted on July 08, 2008
I would ordinarily leave the honors to my able co-blogger; however, it is hard to see him over that tall pile of moving boxes. Plus, he's a little too humble about the paradigm shifting he has accomplished in legal writing...

Wisconsin Supreme Court Applies Economic Loss Doctrine to Bar Fraud Claims Related to Residential Home Sales

Posted on July 08, 2008
In a recent decision, the Supreme Court of Wisconsin held that the economic loss doctrine barred a buyer's claims for intentional misrepresentation in connection with a residential real estate purchase. Plaintiff buyer, Shannon Below, purchased a house in Milwaukee from...

Limerick of the Week: General Automotive v. Singer

Posted on July 07, 2008
What a week! I am moving offices while teaching, and we have a sewage leak in our house which prevents us from using the water. I am thus doubly homeless. Thank goodness for my colleague and local hero, Ivan Bodensteiner,...

Speaking of Unconscionability: New Mexico Supremes Refuse to Enforce Class Action Waiver

Posted on July 04, 2008
According to the ABA Journal Online, last week, the New Mexico Supreme Court refused to enforce a class action waiver in consumer contracts with Dell Inc. (The consumers sued Dell alleging misrepresentation about the amount of memory contained in the...

Now in Print

Posted on July 04, 2008
- Christina Bohannan, Copyright Preemption of Contracts, 67 Md. L. Rev. 616-671 (2008). - Edith M. Brown and Charlene L. Smith, Match Point: All in the Timing, Luck, and Mutual Mistake, 32 Okla. City U. L. Rev. 263-277 (2007). -...

Sonics to Move to Oklahoma; Seattle Grieves

Posted on July 03, 2008
We reported earlier on a breach of contract action brought by the Seattle Sonics' former owner Howard Schultz against the new owners of the NBA basketball team, alleging that the new owners had planned all along to move the team...

Rush, You're No Howard Stern

Posted on July 03, 2008
The Wall Street Journal reports that Rush Limbaugh (pictured) and Clear Channel have agreed to an eight-year $400 million contract, entailing a salary of $38 million/year plus a $100 million signing bonus. Not bad, but still $100 million shy of...

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