As parties increasingly seek to limit liability through contractual disclaimers, the Oregon Supreme Court has issued a clear reminder: tort waivers must be stated in unmistakable terms to be enforceable. Courts will not infer a waiver from context or implication alone. About The Author

When drafting a contract, aim to avoid court but prepare as if litigation is inevitable. In commercial transactions and disputes, the crux of a case often hinges on the details of the agreements. The following are common contractual conundrums and practice tips for addressing them. We hope this article will help you in understanding the...

In deciding an issue of first impression, an Illinois appellate court expanded in early May the application of the implied warranty of habitability. “Implied warranty of habitability” is a group of words that fails to roll smoothly off the tongue and that may send some readers running for the hills knowing that the words that...