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Litigation and Alternative Dispute Resolution

Contracts for Contractors – A Best Practices Guide

Contact: Erik Solverud; Spencer Fane Britt & Browne LLP (Missouri, USA)

The most important tool for a contractor is your written contract. A good solid contract is the foundation for a positive experience for both you and your customers. It establishes a relationship with your customers, and builds their confidence in you and your company. More importantly, it helps to prevent misunderstandings and false expectations that can lead to a breakdown in your customer relationship, jeopardize the project and result in litigation...


Manufacturer's Corner: Implied Warranties, Part 6

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

We bring our series on implied warranties to a close with a discussion about the consequences of breaching an implied warranty. (You can find the previous installment of the serieshere). The general rule is that the measure of damages for breach of warranty is the difference in value of the goods as delivered and the value of the goods as warranted. But, that simplistic statement glosses over many important issues that you need to consider in evaluating how to price your product...


Eighth Circuit Rules that Chiropractor who had license suspended prior to seeking treatment for alleged disability does not qualify for disability income benefits

Contact: Patrick McLaughlin; Spencer Fane Britt & Browne LLP (Missouri, USA)

The Eighth Circuit recently handed down a decision determining whether a chiropractor whose license to practice was suspended prior to a purported diagnosis of disability qualified for disability payments under two disability insurance policies he maintained. Cich v National Life Ins. Co. et al., No. 12-3223, April 8, 2014...


Is it Kosher? Eighth Circuit rules buyers of hot dogs who alleged products were not 100% kosher as advertised lacked standing because they did not allege the actual products they purchased were defective

Contact: Patrick McLaughlin; Spencer Fane Britt & Browne LLP (Missouri, USA)

The Eighth Circuit, in Melvin Wallace, et al. v. ConAgra Foods, Inc., No. 13-1485, April 4, 2014, recently addressed the requirements of adequately pleading an actual injury in fact sufficient to maintain standing in federal court in the context of an allegedly defective product – in this case, kosher hot dogs...


Manufacturer's Corner: Implied Warranties, Part 5

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

We’re going to take a brief detour from our implied warranty roadmap to elaborate on our previous installment of this series, addressing disclaiming implied warranties. Although we want to impress upon you (once again) the importance of disclaiming implied warranties, we also think it is important to make clear some things that your disclaimer may not be able to do for you...


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