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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

An Interesting New Unconscionability Decision

Posted on July 02, 2008
Thanks to the Ohio State University Moritz College of Law's Larry Garvin for sharing with us details and commentary on Knudsen v. Lax, 842 N.Y.S.2d 341 (Co. Ct. 2007), a recent case in which tenants sued their landlord seeking to...

Nine-Year-Old in Football Contract Dispute

Posted on July 01, 2008
One of the images at left is a human brain. The other is a football. Tony Mathis carries something like at least one of these objects in his skull at all times. You be the judge as to which. As...

Phil Spector's Continuing Legal Problems

Posted on July 01, 2008
When we last left Phil Spector, he was looking exceedingly creepy while being found not guilty (due to a hung jury) of murder charges in the 2003 death of actress Lana Clarkson in Spector's home. Now, Half Life Source reports...

Limerick of the Week: Majestic Realty

Posted on June 30, 2008
This may not be the best Limerick I've ever composed, but I think it among my most useful. It pretty much sums up the case and states the relevant exception to the rule that parties are generally not liable for...

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It Depends What You Mean By ?Occupying? The Vehicle

Posted on June 30, 2008
Insurance disputes often provide the most interesting interpretation issues. Take for example this recent appellate case out of New York?s Third Department. Plaintiff truck driver was struck by a hit-and-run driver while standing on the street in the City of...

Contracts Prof Snubbed in New Collection of Limericks

Posted on June 27, 2008
Limericks seem to be in the news a lot lately. As reported in the Washington Times, Ernest W. LeFever has just published Liberating the Limerick, which includes 230 representative examples of the undersigned's preferred poetic form, contributed by over fifty...

The Newest Investment Vehicle: "Personal Seat Licenses"?

Posted on June 26, 2008
How are football franchises managing to raise money for their new stadiums? Well, if the local city and state legislators won't pony up tax dollars, one option is to sell "personal seat licenses" ("PSLs") to well-healed and die-hard fans. The...

Duke Football Wins!!!

Posted on June 26, 2008
At left is the Wallace Wade Stadium, home to the Duke Blue Devil football team and site of the 1942 Rose Bowl. These days, Duke isn't really thinking Rose Bowl. Or any bowl really. According to the Louisville Courrier-Journal, Duke...

Judge Demeans Himself: Composes Legal Limerick

Posted on June 25, 2008
For some reason, my co-blogger Meredith Miller thinks I ought to be the one to blog about an opinion recently issued by Judge Berle M. Schiller of the U.S. District Court in Philadelphia. The full report on the case is...

Would You Really Want Credit for this Idea?

Posted on June 24, 2008
Corey Feldman and Corey Haim are out of the spotlight, but that's nothing a little car-wreck-reality-tv can't temporarily fix (see, e.g., VH1's Surreal Life). The two former childhood stars have been sued for $1 million in L.A. Superior Court based...

Change in Reporting Relationship Entitles Ex-President/CEO to Severance Payments

Posted on June 24, 2008
A trial judge in New York recently granted plaintiff C. Richard Stafford summary judgment, holding that his former employer breached his employment contract by failing to make severance payments. Scientia Health Group, Inc., is a venture capital firm that invested...

Further, on Consideration

Posted on June 24, 2008
When it comes to the doctrine of consideration, Tulane University School of Law's Mark Wessman (pictured) is a one-man wrecking crew. His latest assault on the doctrine, Recent Defenses of Consideration: Commodification and Collaboration, can be found in the Indiana...

Now in Print: When Tomorrow Has Arrived

Posted on June 23, 2008
Lately, SSRN is all the rage. The popularity of SSRN makes sense given that, as it promises, it brings us "tomorrow's research today." And, given that it can sometimes take over a year from manuscript submission to law review publication,...

Limerick of the Week: Manning v. Grimsley

Posted on June 23, 2008
Above is a picture of Fenway Park (actual size!), site of Ross Grimsley's immortality as an icon of scope of employment doctrine. On September 16, 1975, some Red Sox fans were doing their best to encourage Grimsley, who was warming...

When Worlds Collide

Posted on June 23, 2008
Lately, I've been feeling a bit guilty about posting my business associations Limericks on a contracts blog. But now Emory Law School's Professor Frederick Tung (pictured below the supernova) has solved my problems with an article posted on SSRN and....

A Mind-Bending Ruling on the Status of eBay Sales

Posted on June 20, 2008
Uri Geller (pictured) was once famous for bending spoons and other objects with his mind. Does the fact that I have to tell you what he was famous for mean that he is no longer famous? In any case, Geller...

A Fault-Line Drawn in Contracts Theory

Posted on June 20, 2008
The University of Virginia Law School of Law's George M. Cohen has a new article out challenging conventional wisdom regarding contract law as a system of strict liability. The piece, The Fault that Lies within Our Contract Law, was written...

And Speaking of FOX Television . . .

Posted on June 18, 2008
Fox's megahit American Idol has a problem, and for once, it's not Paula's fault. No, this time the Associated Press is reporting that the problem is with management. The American Federation of Musicians, a musicians' union, is suing the producers...

Writers Walk at Fox

Posted on June 18, 2008
Back when The Simpsons was fresh and funny, they had an episode in which Bart and Lisa write an episode of Itchy and Scratchy for the Krusty the Clown show. Realizing that nobody at the networks will take them seriously...

Held: No Contractual Right to Single-Sex Education

Posted on June 17, 2008
Back in April, my able co-blogger noted the AP's reporting on the oral argument in Dodge v. Trustees of Randolph-Macon Woman's College. In Dodge, a group of female students sued the college for breach of contract after its trustees decided...

Oregon Politician Liable For Breach of Contract, Inter Alia

Posted on June 17, 2008
According to The Oregonian, Craig Berkman "cut quite a figure" for years in Oregon politics. Jeff Mapes reports that Berkman was a big donor in national Republican circles, the chair of the Oregon Republican party, and the great hope for...

Secret Contracts for 50 U.S. Military Bases in Iraq?

Posted on June 17, 2008
As reported in the Asian Times Online, various representatives of the Bush administration have been saying for some time that the United States has no interest in "permanent" military bases in Iraq. Whew. That's a relief. However, according to an...

Relationship Negotiation: Why Wait for the Pre-Nup?

Posted on June 16, 2008
WSJ Law Blog reports that Valleywag (self-described as "Silicon Valley's Tech Gossip Rag") reports on a supposed agreement between Facebook founder Mark Zuckerberg and his girlfriend. Apparently, when Zuckerberg's girlfriend moved to Silicon Valley, the couple penned a contract to...

Limerick of the Week: Ira S. Bushey & Sons v. U.S.

Posted on June 16, 2008
We already know what to do with a drunken sailor. That question has been answered in the famous sea shanty and illustrated in this video (with thanks to Meredith Miller for her technical assistance!): But Judge Friendly had to address...

ATA Sues FedEx for Breach of Contract

Posted on June 16, 2008
Ahh, ATA. I have such pleasant memories of flying on your planes out of Midway to LaGuardia. Where are you now, old friend? Alas, like most air carriers, you are in the throes of bankruptcy. Supporters of deregulation, be careful...

Limerick of the Week: The Franchise Cases

Posted on June 10, 2008
If you were looking for this weekly installment yestereday, when it usually appears, and were outraged that you could not find it, please sue American Airlines for all damages reflecting your disppointment, including pain and suffering of course. Today's Limerick...

Mandatory Arbitration of Credit Card Disputes Gets Mainstream Press Attention

Posted on June 10, 2008
Finally, Business Week's cover story, Banks v. Consumers (Guess Who Wins), brings a mainstream press indictment of the big business of The National Arbitration Forum (NAF), and the not-so-mysterious fact that consumers lose these cases more than 90% of the...

T-Mo Sues Starbucks Over Free Wi-Fi Plan

Posted on June 09, 2008
In light of slumping profits, it is no secret that Starbucks is looking to restore its image to the humble coffeehouse of Seattle in 1971. That is, it has undertaken "initiatives intended to restore an authentic coffeehouse experience to the...

I'll make her an offer she can't refuse...

Posted on June 06, 2008
For those of you that yearn for the guilty pleasure of celebrity related contract news, book publisher HarperCollins has sued mob daughter Victoria Gotti for the return of a $70,000 advance on a memoir. Reuters reports: Gotti and HarperCollins signed...

SWEEEEEET!!

Posted on June 05, 2008
I'm interrupting my vacation to bring this breaking news. I have already posted numerous times (e.g., here, here, and here) on the recent U.S. Supreme Court decision in Medellin v. Texas, in which the Court found that the State of...

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