The Appellate Strategist

The Appellate Strategist

Insights on appellate issues, trial consultations, and evaluating appeals

Category Archives: Commercial Law

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U.S. Supreme Court Resolves Enforcement of Forum Selection Provisions

Posted in Commercial Law
The federal courts have been divided regarding how to handle motions to enforce contractual forum selection provisions. Some courts have held that the plaintiff’s choice of a forum other than the one provided by contract makes venue improper in the chosen district, and thus the defendant should move to dismiss or transfer the action pursuant [&hellip… Continue Reading

A Tale of Three Cases: California’s Split Over Concepcion Continues

Posted in Commercial Law
In state and Federal courts throughout the country, the defense and plaintiffs’ bars are debating the application of the United States Supreme Court’s landmark 2011 decision in AT&T Mobility v. Concepcion, in which the Court made it significantly easier to enforce waivers of class arbitration in most consumer contracts. My post about Parisi, a new decision [&hellip… Continue Reading

Don’t Panic – The Fall of Pendergrass and Restoring the Full Fraud Exception to the Parol Evidence Rule May Not Be as Bad as You Think.

Posted in California, Commercial Law
In Riverisland Cold Storage, Inc., v. Fresno-Madera Prod. Credit Ass., S190581, the unanimous California Supreme Court recently overturned the widely criticized Pendergrass rule, thus restoring the full breadth of the fraud exception to the parol evidence rule. In 1935, the Court limited the fraud exception to the parole evidence rule – holding that evidence of a promise that [&hellip… Continue Reading

A Busy Month For the Economic Loss Rule

Posted in Commercial Law, Products Liability
In the first three weeks of November, we’ve already seen two major decisions on the economic loss rule from two state Supreme Courts. The economic loss rule provides in most states that a plaintiff cannot sue in tort for disappointed commercial expectations, regardless of whether he had a contractual agreement with the defendants. On November 4, a [&hellip… Continue Reading

California Supreme Court Grants Review in Another Preemption Case

Posted in California, Commercial Law
The Supreme Court has granted review to again address preemption, this time in the timely area of consumer protection and banking. In Parks v. MBNA American Bank, the Court of Appeal reversed a judgment on the pleadings, finding that Civil Code § 1748.9, a state consumer protection law which mandates specific notice requirements regarding the [&hellip… Continue Reading

Indiana Supreme Court Reaffirms Economic Loss Rule

Posted in Commercial Law, Mass Torts, Products Liability
In late March, I blogged on an important new case from the Tenth Circuit reaffirming the economic loss rule.  Last week, the Indiana Supreme Court handed down a major decision in a construction case, reaffirming this important principle of business law. According to the economic loss rule, where a plaintiff has suffered merely economic loss – [&hellip… Continue Reading

Taxpayer Action Draws Significant Amicus Interest

Posted in California, Commercial Law
Demonstrating the potential significance and broad implications of the California Supreme Court’s deliberations in Loeffler v. Target Corporation, so far a total of nine amicus briefs have been filed on behalf of sixteen entities addressing the issue of whether a taxpayer can directly bring suit against a retailer who allegedly charged a sales tax on [&hellip… Continue Reading