The key question facing the Texas Supreme Court in Zachry Construction v. Port of Houston, 2014 WL 4472616 (TX 2014) was whether a contract’s no-delay-damages (NDD) term can be relied on by a party who intentionally prevents the other side’s performance. The answer: “no.” The contract involved a $63M contract to construct a wharf big enough …
Author Archives: PaulP
Illinois Evidence and Business Records: Injured Worker’s Insurance Claim Properly Admitted At Trial
The plaintiff filed a wrongful discharge suit against his employer when he was fired after he lodged a workers’ comp claim for a work-related injury. A jury sided with the plaintiff and awarded him about $4.2M including some $3.6M in punitive damages. The employer appealed on the basis that the court allowed some damaging documents …
Is Discharging Student Loan Debt In Bankruptcy Getting Easier? (Illinois Bar Journal Article: November 2014)
Student Loan BK Discharge Article (November 2014)