Brendan J. Witry | The Dispute Resolver In Hadley v Baxendale, 9 Ex. 341 [1854], of 1L Contracts lore, the Court of Exchequer set out the dichotomy of direct damages and consequential (or indirect) damages. In the 170 years that have followed, lawyers on both sides of the Atlantic have sought to parse out what are… Continue reading Toolbox Talk Series: Direct Versus Consequential Damages–Is There a Clear Demarcation?
A Good Read on Fraud versus Contract
Christopher G. Hill | Construction Law Musings Here at Construction Law Musings, I have discussed the interwoven issues of fraud, contract, and the Virginia Consumer Protection Act (VCPA) on several occasions. In most cases, the three simply don’t mix, acting more like oil and water than parallel causes of action. There are exceptions however so these three are always worth exploring in most… Continue reading A Good Read on Fraud versus Contract
AI Explained: Navigating AI in Arbitration – The SVAMC Guideline Effect
Rebeca E. Mosquera and Benjamin Malek | Reed Smith Arbitrators and counsel can use artificial intelligence to improve service quality and lessen work burden, but they also must deal with the ethical and professional implications. In this episode, Rebeca Mosquera, a Reed Smith associate and president of ArbitralWomen, interviews Benjamin Malek, a partner at T.H.E. Chambers… Continue reading AI Explained: Navigating AI in Arbitration – The SVAMC Guideline Effect
Understanding the Resilience and Recovery of Wildfire Survivors
John E. Putnam | IRMI Post-wildfire destruction visuals show only the tip of the iceberg. The hidden image is the many residents who have lost everything and are now faced with the daunting task of rebuilding not only their physical properties but also their emotional health after such a devastating event. Generally, insurance agents and… Continue reading Understanding the Resilience and Recovery of Wildfire Survivors
Subrogees Beware—You Can Be Compelled to Arbitrate as Third-Party Beneficiaries to an Arbitration Agreement
Miguel Chamorro | Fuerst Ittle David & Joseph Cases requiring non-signatories to an arbitration agreement to arbitrate are not uncommon. Cases compelling subrogees to arbitrate, not because of an insurance policy but because of another contract, are less common. In Various Insurers, Reinsurers and Retrocessionaires v. General Electric International, Inc., 2025 WL 837869 (11th Cir. Mar.… Continue reading Subrogees Beware—You Can Be Compelled to Arbitrate as Third-Party Beneficiaries to an Arbitration Agreement