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Technology Law Notes

On contracts, intellectual property, and startup companies. By D. C. Toedt

Electrical utility’s failure to invoke mandatory but non-binding dispute resolution procedure before filing lawsuit doesn’t save power-turbine vendor from big damage award

July 11, 2009

in Legal Dept, Professsional Services Dept, Risk Management Dept

See South Tex. Elec. Cooperative v. Dresser-Rand Co., No. 08-40715 (5th Cir. July 9, 2009) (affirming judgment on jury verdict for $700K for warranty problems in electrical generating turbine).

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See also: (list is automatically generated)

  • A simple system for electronic filing of contracts
  • Deliberate Copying of Patented Technology Leads to Doubling of Damage Award
  • Cheating on Educational Discount Results in Damage Award, Mail-Fraud Conviction
  • Warranty disclaimers for UK transactions should also disclaim “conditions” – oil seller fails to do so, leaves itself open to $3MM damage award
  • Lawsuit-defense tip for software vendors: Clearly label demos and mock-ups as such

Tagged as: ADR, Alternative dispute resolution, Breach of contract, Breach-of-warranty, Fifth Circuit, Litigation, Manufacturing, Warranties

Previous post: Defendant tries to compel arbitration after trial judge adopts plaintiff’s contract interpretation – no dice, says Fifth Circuit

Next post: When the customer is a government, the right paperwork can mean the difference between getting paid, and not

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    My name is D. C. Toedt (my last name is pronounced "Tate"). I'm a lawyer; throughout my career I've represented mainly tech­nol­o­gy companies. You can contact me at dc ahht toedt daught comh. For more informa­tion, please see the About page.

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