Properly framed, a breach of the covenant claim is not just filler, but a remedy in cases where the contract is silent, ambiguous, or grants the opposing party discretion exercised for bad-faith ...

The implied covenant of good faith and fair dealing is a notoriously misunderstood doctrine. It can be invoked much less often than most people think, and its application is highly state-specific. A ...

LLC managers often enjoy wide latitude and unrestricted “discretion” under the LLC’s operating agreement. At the same time, all contracts — including LLC operating agreements — are subject to the ...

The implied covenant of good faith and fair dealing is a departure from traditional contract law. This covenant or duty often is in derogation of the doctrine of the parties "freedom to contract," ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

BOSTON — After his ex-wife attacked him with a hatchet, a man was excused from making further payments under a separation agreement, the Massachusetts Appeals Court has decided, affirming the result ...