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Litigation and Alternative Dispute Resolution

Manufacturer's Corner: Protecting Against the "Efficient Breach"

Contact: Ryan Hardy; Spencer Fane Britt & Browne LLP (Missouri, USA)

Not long ago, we discussed your rights when dealing with a buyer whom you think is or may soon become insolvent. We also discussed your potential exposure to your buyer if you breach one of your warranties. Now, the Oregon Supreme Court has given us a great platform to discuss what happens when a buyer simply decides that breaching the contract is a better idea than performing...


Manufacturer's Corner: Can You Prove the Contents of Your Shipment?

Contact: Ryan Hardy; Spencer Fane Britt & Browne LLP (Missouri, USA)

In a happy coincidence of timing, the Eleventh Circuit Court of Appeals recently issued an entertaining opinion addressing the Carmack Amendment, which is a federal law limiting the liability of motor carriers[1] for loss or damage of goods during shipment. The opinion will allow us to continue our discussion of mitigating shipping risks, introduced in the last installment of this column...


Manufacturer's Corner: Are Your Shipping Terms Exposing You to Unexpected Risk?

Contact: Ryan Hardy; Spencer Fane Britt & Browne LLP (Missouri, USA)

Today we continue our review of your terms and conditions to make sure they are appropriate for you. Manufacturers are often surprised to learn that their shipping terms can be a significant source of risk. Let’s explore that risk – and learn how to guard against it – by beginning with the basics...


“Common Carrier” Tax Exemption Lost When Operator Reserves the Right to Select Its Passengers

The Balloons Over the Rainbow decision also considered whether the ride operator qualified for the “common carrier” exemption from Missouri use taxes on its out-of-state equipment purchases...

Manufacturer's Corner: EPA Issues Final Rule on Cooling Water Intake (Again)

Contact: Ryan Hardy; Spencer Fane Britt & Browne LLP (Missouri, USA)

After much legal wrangling over earlier rulemaking efforts, on May 19 EPA issued a new final rule pursuant to Section 316(b) of the Clean Water Act. You can find a helpful fact sheet about the rule here...


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