Limitation-Of-Liability Clause May Not Be Enforceable in Fiduciary Duty Claims

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Parties often add limitation-of-liability clauses to their agreements. These types of clauses can purport to limit a party’s claims or damages or both.  Damage-limitation clauses can take many different forms. For example, such a clause may forbid the recovery of consequential or loss profits damages. Cont’l Holdings, Ltd. v. Leahy, 132 S.W.3d 471, 475-76 (Tex. App.—Eastland 2003, no pet.). Further, a contractual provision setting an upper limit on the amount recoverable is a limitation of liability provision. Arthur’s Garage, Inc. v. Racal-Chubb Sec. Sys., 997 S.W.2d 803, 810 (Tex. App.—Dallas 1999, no pet.); Fox

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President Biden Signs Executive Order Announcing Plan For COVID-19 Vaccination Requirement

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During a press conference Thursday afternoon, President Biden announced a broad plan that will include as-yet undefined guidance to require federal contractors to “provide adequate COVID-19 safeguards to their workers performing on or in connection with a Federal Government contract or contract-like instrument.”  While the President’s remarks and the Administration’s corresponding plan suggest a vaccine mandate, the President’s Executive Order does not explicitly mandate a vaccination requirement.   The requirement, however, is expected to be established by the Safer Federal Workforce Task Force.

The President’s plan is encompassed in an Executive Order covering federal contractors (discussed below)

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Newton officials say relationship ‘strong’ with county’s law firm

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COVINGTON, Ga. — Newton County officials said Friday they have a “strong partnership” with their law firm despite the Board of Commissioners adjourning a recent meeting because no attorney attended.

The county “appreciates the legal advice and guidance” Jarrard & Davis has provided “since the relationship commenced more than five years ago” in which the law firm works on a contract basis for the government, a news release stated.

Ken Jarrard, a founding partner of the firm, said Jarrard & Davis “highly values its professional relationship with Newton County.”

“No matter what direction Newton County chooses for its legal representation,

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President Biden Announces COVID-19 Vaccine Mandates, with Legal Challenges Likely to Follow

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September 10, 2021

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Yesterday, September 9, President Biden announced several initiatives regarding COVID-19 vaccine requirements for U.S. employers.  This alert provides a brief overview of the content and timing of the principal initiatives, and previews certain objections likely to be raised in legal challenges that some governors and others have said they will file.

  1. OSHA rule requiring all employers with 100+ employees to ensure their workers are vaccinated or tested weekly, and to pay for vaccination time.

The President announced that the Department of Labor’s Occupational Safety and Health Administration (OSHA) is developing an Emergency Temporary Standard

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6th Circ. Won’t Rehear St. Luke’s Contract Termination Appeal

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By J. Edward Moreno (September 10, 2021, 5:57 PM EDT) — The Sixth Circuit won’t rehear St. Luke’s Hospital’s bid for a preliminary injunction barring ProMedica Health System from terminating insurance contracts with the hospital and its physician group.

In an order filed Friday, the Sixth Circuit denied St. Luke’s petition for an en banc hearing after a panel tossed the preliminary injunction on Aug. 10, ruling that ProMedica “had a legitimate business explanation” for ending its contract with St. Luke’s and that the damages the hospital is seeking are purely monetary, which does not meet the bar of “irreparable

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