Leah Henry | Farrell Fritz In contract litigation, damages provisions often do more work than parties expect—and sometimes less than litigants later claim. The First Department’s decision in Gamma USA, Inc. v. Pavarini McGovern, LLC is a useful reminder that courts will read damages limitations by their actual scope, not by their perceived practical effect. Background: The Contract… Continue reading Not All Damages Are Created Equal: What the First Department Reminds Litigators and Contract Drafters in Gamma v. Pavarini McGovern
Tag: damages
Don’t Forget the Damages
Jordan Weeks | Frantz Ward During litigation, it’s easy to focus on the merits without addressing how much you are seeking to recover. Sometimes a party is so focused on fault that they disregard the obligation to prove the extent of damages with reasonable certainty. This is what one party recently discovered in Iannetta v. JDL… Continue reading Don’t Forget the Damages