Hepler Broom, LLC

Monthly Archives: December 2013

SCOTUS Charts Path for Forum Selection in Federal Courts

December 10, 2013

In many commercial contexts an agreement includes a provision that selects a forum for future dispute resolution.  Frequently, when conflict arises, a party may try to avoid the selected forum and file the first case on their home turf.  The other party to the contract has to respond, but how? Atlantic Marine Construction Co., a […]

Economic Loss Doctrine? Alive and Well in Missouri

December 10, 2013

Commercial adversaries are often tempted to transform breach of contract or warranty matters into negligence or negligent misrepresentation claims. Or fraud or other intentional tort claims. The lure of a more flexible claim before a jury can be hard to resist. Or the governing contract may have limitation of liability restrictions that make warranty and […]