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

Steve Feldman on General Dynamics and Boeing

Posted on February 03, 2011
In Part I of his guest blog on the General Dynamics and Boeing case, Neil O?Donnell commented on the Supreme Court?s oral argument and whether the contracting parties could have negotiated a special contract termination clause dealing with the state....

Happy Groundhog Day

Posted on February 03, 2011
It was Groundhog Day yesterday and Punxsuatawney Phil did not see his shadow. Spring, in other words, is officially around the corner, definitely less than six weeks away. Or is it? Can we hold the Inner Circle - the group...

Belatedly Introducing Our New Contributing Editor, Eniola Akindemowo

Posted on February 03, 2011
New contributing editor, Professor Eniola Akindemowo of the Thomas Jefferson School of Law got up her first post before we got a chance to introduce her to our readers, but our loyal readers are probably remember her well, since she...

Jim Bean v. Jose Cuervo: A Lesson on Material v. Minor Breach

Posted on February 03, 2011
It is not often that two of my favorite things ? contract law and tequila -- converge in one place. At least, whenever I enjoy my favorite sipping tequila, I get up the courage to move the conversation to contract...

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New in Print

Posted on February 02, 2011
N.B.: Our methods for identifying recent publications in this area are imperfect. If you are aware of a recent publication -- including books -- that is not included here, please feel free to let us know. Richard R.W. Brooks &...

UCC Conference at South Texas College of Law

Posted on February 02, 2011
ANNOUNCEMENT AND CALL FOR PAPERS Amended Article Two: Reversing the Curse? The uniform law for sales of goods in the United States has not been substantially amended since 1951. The U.S. Constitution, during that time, has been amended five times....

Introducing Guest Blogger, Steven Feldman

Posted on February 02, 2011
Just when you thought it was safe to venture back on the blog without hearing more about the General Dynamics and Boeing cases, Steven Feldman has decided to join our roundtable discussion. We will be posting his comments tomorrow, but...

Weekly Top Tens from the Social Science Research Network

Posted on February 01, 2011
RECENT HITS (for all papers announced in the last 60 days) TOP 10 Papers for Journal of Contracts & Commercial Law eJournal December 2, 2010 to January 31, 2011 RankDownloadsPaper Title 1 695 Mortgage Servicing Adam J. Levitin, Tara Twomey,...

Interesting Attorneys' Fees Case from California

Posted on January 31, 2011
Last week, California's 6th District Court of Appeals issued its decision in Smith v. First Principle Church. The problem facing the court was somewhat messy. Plaintiff Russell Smith and his brother, I.M. Nome, founded the Church in the 1970's. Smith...

New York Times Editorial Weighs in on General Dynamics and Boeing

Posted on January 27, 2011
In yesterday's post, Neil O'Donnell pointed out that there is some precedent for Justice Scalia's "go away" jurisprudence in the realm of government contracting. It remains to be seen if that is the direction the court will go or if...

A Heroic Breach of Contract

Posted on January 27, 2011
As the New York Times reports today, Gil Meche (pictured), until recently a pitcher for the Kansas City Royals, has breached his contract. He was due to be paid $12 million for the 2011 season, but he has a bum...

It's the Pits: Dennis Kucinich Sues Cafeteria for Breach of Implied Warranty

Posted on January 27, 2011
Ohio Congressman and former presidential candidate Dennis Kucinich bit into a sandwich wrap containing an olive pit and now he is suing a congressional cafeteria for $150,000. He claims negligence and breach of the implied warranty of merchantability...

Seinfeld on Collision Damage Waivers & Adhesion Contracts

Posted on January 26, 2011
For anyone who teaches Lauvetz v. Alaska Sales and Service d/b/a National Car Rental (or any of the issues addressed therein, including enforceability of adhesion contracts, hidden/unknown terms that go beyond one's reasonable expectation, etc.), this short Seinfeld clip is...

Guest Blogger Neil O'Donnell on General Dynamics and Boeing, Part II

Posted on January 26, 2011
[This is a continuation of yesterday's post about oral argument in the consolidated cases of General Dynamics and Boeing. v. United States] Although the Justices' questions suggested quite different takes on the case, there seemed to be a couple of...

New in Print

Posted on January 26, 2011
Woodrow Hartzog, Promises and Privacy: Promissory Estoppel and Confidential Disclosures in Online Communities, 82 Temple Law Review 891 (2009) Stacy A. Hickox, Ensuring Enforceability and Fairness in the Arbitration of Employment Disputes, 16 Widener Law Review 101 (2010) Nathan B...

Guest Blogger Neil O'Donnell on General Dynamics and Boeing, Part I

Posted on January 25, 2011
The Supreme Court argument in the General Dynamics case was a little surreal for someone who has spent a career practicing government contract law. Very early on Justice Breyer referred to the appellants as "sophisticated contractors ? perfectly capable of...

Welcome to the General Dynamics/Boeing Roundtable, Neil O'Donnell

Posted on January 25, 2011
Today we continue our discussion of the oral arguments at the Supreme Court in the consolidated cases of General Dynamics v. United States and Boeing v. United States. We heard from Laura Donohue last week, today Neil O'Donnell will share...

Weekly Top Ten from the Social Science Research Network

Posted on January 25, 2011
RECENT HITS (for all papers announced in the last 60 days) TOP 10 Papers for Journal of Contracts & Commercial Law eJournal November 25, 2010 to January 24, 2011 Rank DownloadsPaper Title 1 660 Mortgage Servicing Adam J. Levitin, Tara...

Keith Olbermann and MSNBC Part Ways

Posted on January 24, 2011
Two years ago, we asked where Keith Olbermann would go if MSNBC did not offer him a juicy contract. As we put it back in 2008: No offense to Keith; I enjoy a slightly unhinged political rant as much as...

Match.com Under Fire

Posted on January 24, 2011
Match.com faces fraud and breach of contract claims based on the allegation that more than half of the profiles on the site are fake or inactive, to give the impression that there are more fish in the dating sea. Here?s...

What Darth Vader wants in the contract, he gets in the contract

Posted on January 21, 2011
For anyone looking for a clip to accompany the teaching of modification, the pre-existing legal duty rule, duress, negotiations or The Law of Star Wars, I offer this 1-minute excerpt from Robot Chicken, a show in the Adult Swim block...

Travel Advisory: Prostitution Is Illegal in Las Vegas

Posted on January 21, 2011
Breaking news from the New York Daily News, which now seems to be little more than a front organization for the Onion News Network. According to the Daily News, New York college student Hubert Blackman is suing an escort service...

SCOTUS on the Right to Informational Privacy for Government Contractors

Posted on January 20, 2011
The U.S. Supreme Court issued a unanimous verdict yesterday in NASA v. Nelson, a case in which some employees of government contractors challenged background checks that they were required to undergo in order to retain their positions. The plaintiffs, scientists...

Civil Recourse Theory in the Sunshine State

Posted on January 20, 2011
The Florida State University College of Law will host a "Symposium on Civil Recourse Theory" on February 11-12 in Tallahassee. Civil Recourse Theory (CRT) is hot new theory in the private law area, and FSU has lined up an impressive...

Court of Federal Claims to Armour of America: The "u" is for U Lose

Posted on January 19, 2011
In an opinion unsealed on January 10, 2011, the Court of Federal Claims rejected Armour of America's breach of contract claims and granted judgement to the United States on its counterclaims in Armour of America v. United States. The opinion...

A Few Footnotes on Laura Donohue's Post

Posted on January 19, 2011
Professor Donohue makes reference to two cases and a statute with which our readers might not be familiar but which are important to an understanding of the General Dynamics and Boeing cases on which the Court heard argument yesterday. First,...

$75 Million Suit Against the Kardashians

Posted on January 18, 2011
This blog has thus far been completely Kardashian free. Is that because we are too highfalutin to cover contracts involving reality television? Probably not, as this post should attest. As best as we can piece thing together form reports on...

Laura Donohue on General Dynamics

Posted on January 18, 2011
Heads, the government wins?tails, the government wins, Justice Kagan noted during oral argument this morning in the consolidated case of General Dynamics v. U.S. and Boeing v. US, Nos. 09-1298 & 09-1302. The issue before the court is whether the...

Introducing Laura Donohue and the General Dynamics Roundtable

Posted on January 18, 2011
We have previously posted about Laura Donohue's scholarship, now available, by the way, via the University of Pennsylvania Law Review. Today, we are happy to welcome her as a guest poster on the blog. Professor Donohue will be holding forth...

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