• Home
  • Resources
  • Common Draft
  • e-Book
  • UH Class
  • Cautions
  • About

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).

If you enjoyed this post, please consider subscribing to my RSS feed



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

  • Welcome

    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.

  • My first e-book

    Contract review: A final checklist

  • Resources [in progress]

    Patent apps - fast drafting

    Contract negotiation tips

    Contract review: A final checklist

    Legal cheat sheet for business

    Tips for new general counsel

    Choice of law cheat sheets

    Privacy policy sample

    NDA form

  • Subscribe – RSS, Twitter

    • RSS Feed
    • Twitter
  • Email notifications

    Sign up to be notified by email of new posts on this blog (I won't spam you or sell your address).


     

  • Recent Posts

    • Why a business seller might want to propose locking itself up with a non-competition covenant
    • Facebook’s new TOS require agreement not to use “book” as a trademark — enforceable?
    • Asking for access to an employee’s Facebook page could backfire on you
    • Different copyright terms for different kinds of authorship?
    • Drafting your contract to immunize you from liability even for gross negligence
  • Archives

  • Blogroll

    • Adams Drafting (Ken Adams)
    • Adjunct Law Prof blog (Mitchell Rubenstein)
    • Commitment Matters (Tim Cummins – IACCM)
    • ContractsProf Blog (various)
    • E-Commerce Law (Jonathan Frieden)
    • Lexology (various)
    • Licensing Handbook (Jeff Gordon)
    • Startup Company Lawyer (Yokum Taku)
    • Technology & Marketing Law blog (Eric Goldman)
    • Test
    • Trading Secrets (Seyfarth Shaw LLP)
    • WhichDraft (Jason Anderman)
  • Some of my projects

    Sensible contracts, quickly

    Choice of law cheat sheets

    How to draft and file a patent application in 1 day

  • Archives

  • Meta

    • Log in
    • Entries RSS
    • Comments RSS
    • WordPress.org

Get smart with the Thesis WordPress Theme from DIYthemes.

WordPress Admin