Paul Peter Nicolai
Non-Contract Claims Allowed Despite Contract
A plaintiff sued for contract damages, unjust enrichment, and what is called a quasi-contract concerning services he provided to a...
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Paul Peter Nicolai
- Jun 4
- 1 min
Land Sale Contract Overridden
A person sold a piece of land with a side agreement that said that, under certain circumstances, they could repurchase the property at a...
Paul Peter Nicolai
- Apr 9
- 2 min
Forfeiture For Competition Survives Delaware Challenge
The enforceability of non-compete provisions continues to be in the national spotlight. In a recent Delaware Supreme Court decision...
Paul Peter Nicolai
- Dec 26, 2023
- 1 min
Contract Choice of Law Does Not Defeat Chapter 93A Claim
A Chapter 93A count was dismissed from a contract lawsuit based on the contract's choice of law clause. That clause said New York law...
Paul Peter Nicolai
- Nov 28, 2023
- 3 min
FTC Proposes New National Regulations for Automatic Renewals
Several states have recently passed new automatic renewal laws (ARLs) that regulate continuing or renewing contracts for goods and...
Paul Peter Nicolai
- Nov 23, 2023
- 1 min
Contract Choice of Law & Chapter 93A
A Chapter 93A count was dismissed based on the contract's choice of law clause. On appeal, this was reversed even though the contract...
Paul Peter Nicolai
- Aug 29, 2023
- 1 min
Landlord And Tenant – Email Notice For Option
A commercial tenant asked for a declaratory judgment that it had provided proper notice of its option not to renew its lease. The trial...
Paul Peter Nicolai
- Jul 25, 2023
- 1 min
Lease Not Frustrated by Pandemic Shutdown
A trial court ruling favoring a commercial landlord was affirmed because shutdown orders issued during the COVID-19 pandemic did not give...
Paul Peter Nicolai
- Apr 4, 2023
- 1 min
Commercial Lease Damages Denied
A tenant defaulted on a commercial lease two months after entering into a five-year lease. As is frequently the case in commercial...
Paul Peter Nicolai
- Mar 21, 2023
- 2 min
Right to Modify Employee Handbook Voids Arbitration
An employer who puts an arbitration agreement in an employee handbook cannot enforce it if it maintains the right to modify the handbook....
Paul Peter Nicolai
- Mar 14, 2023
- 1 min
Home Improvement Contractor Law Expanded
A contractor mismanaged funds paid by homeowners so that he needed more money to finish the project, failed to pay subcontractors, and...
Paul Peter Nicolai
- Feb 14, 2023
- 1 min
Pop-Up Arbitration Notice Fails
A plaintiff was injured when an Uber driver collided with another vehicle. Uber asked to compel arbitration. It was denied because the...
Paul Peter Nicolai
- Sep 13, 2022
- 5 min
The Growing World of Automatic Renewal Laws
With the proliferation of automatic renewal clauses in consumer contracts, new laws, generally called automatic renewal laws (ARL)...
Paul Peter Nicolai
- May 24, 2022
- 1 min
Contract Liquidated Damages Dumped
A plaintiff sued to enforce a contract that said that if the other side did business with any of its customers in five years, the...
Paul Peter Nicolai
- Apr 26, 2022
- 1 min
Terminating Agreement Snuffed Breach of Contract Claim
Delaware courts have decided that the plaintiff extinguished its breach of contract claims when it elected to terminate a merger...
Paul Peter Nicolai
- Dec 21, 2021
- 1 min
MUDDY CONTRACT MEANS YEARS IN COURT
Two parties entered into a contract that had an arbitration clause. About 10 years later they entered into a second contract which did...
Paul Peter Nicolai
- Nov 16, 2021
- 3 min
The Empty Supply Chain
Supply chains are crumbling. Manufacturers struggle to catch up with demand as the global economy recovers from the pandemic impacts on...
Paul Peter Nicolai
- Oct 19, 2021
- 5 min
Infrastructure Data In Contracts
New deployments of smart devices and smart services are happening rapidly. Almost all new infrastructure should be informed by new...
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