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kprofsblog.bsky.social
KProfsBlog
@kprofsblog.bsky.social
1K followers 930 following 920 posts
The ContractsProf Blog is unofficially the official blog of the AALS Section on Contracts, curated by Jeremy Telman, OCU School of Law. Special attention to arbitration, contacts & constitutional law, and international law whenever possible
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KProfsBlog @kprofsblog.bsky.social · 3h
In today’s Reefer Brief, a Michigan state court refuses to impose a common sense solution to a dispute among co-owners over 56,000 pounds of marijuana because common sense does not dictate disputes in the realm of cannabis production and sale.
www.contractsprofblog.com/2025/10/reef...
Reefer Brief: Preliminary Injunction Denied to Investor in Cultivation Facilities
Mazin Somona has an ownership stake in a cannabis business in Michigan. He alleges that he invested $7.5 million for a 50% stake in four outdoor
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kprofsblog.bsky.social
KProfsBlog @kprofsblog.bsky.social · 13h
We have new top tens. No change at the top
www.contractsprofblog.com/2025/10/tues...
Tuesday Top Ten – Contracts & Commercial Law Top SSRN Downloads for October 7, 2025
Check out who is burning up the download charts this week!
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kprofsblog.bsky.social
KProfsBlog @kprofsblog.bsky.social · 1d
PA Superior Court affirms that company waived right to a jury trial in connection with a loan. These are sophisticated parties, but weird that business entities put waivers in their contracts and then whine when called before SEC administrative hearings.
www.contractsprofblog.com/2025/10/waiv...
Waiver of a Jury Trial Outside of the Arbitration Context
This is a case about a planned subdivision that fell victim to an economic downturn. Bushkill Preserve, LLC (“Bushkill”) and Stone Gate Real Estate, LLC
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kprofsblog.bsky.social
KProfsBlog @kprofsblog.bsky.social · 2d
Pennsylvania takes a bold stand against the regime of “arbitration for all,” refusing to allow parents to sign arbitration agreements on behalf of their minor children because arbitration cannot protect the rights of minors the way courts do.
www.contractsprofblog.com/2025/10/penn...
Pennsylvania Supreme Court Rules that Parents Cannot Bind their Minor Children to Arbitration Agreements
It astonishes me how many cases I come across involving children injured at trampoline parks or similar amusements. In March of this year, a court granted
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kprofsblog.bsky.social
KProfsBlog @kprofsblog.bsky.social · 6d
The Sixth Circuit’s Chief Judge Sutton gives a great lesson in opinion writing in a dispute over oil and gas leases. He lays out the complex structure of the transaction and gives a clinic in interpretation — all in twelve pages!
www.contractsprofblog.com/2025/10/grea...
Chief Judge Jeffrey Sutton
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kprofsblog.bsky.social
KProfsBlog @kprofsblog.bsky.social · 7d
Dave Hoffman (@hoffprof.bsky.social) posted his thoughts on three recent publication on his Substack, Contracts’ Empire. Short post today encouraging readers to go pay a visit to read his views.
www.contractsprofblog.com/2025/10/dave...
Professor Dave Hoffman
kprofsblog.bsky.social
KProfsBlog @kprofsblog.bsky.social · 7d
New Top Tens are out! Three papers have been downloaded more than 1000 times, and @chrisodinet.bsky.social and @andreatosato.bsky.social, the Michael Jordan and Scottie Pippen of downloads, are back on top!
www.contractsprofblog.com/2025/09/tues...
Professor Andrea Tosato Professor Chris Odinet
kprofsblog.bsky.social
KProfsBlog @kprofsblog.bsky.social · 8d
In an interesting case at the intersection of contracts law, free-speech rights, and statutory protections against discrimination, a federal district court dismissed Professor Amy Wax’s claims against the University of Pennsylvania.
www.contractsprofblog.com/2025/09/dist...
District Court Dismisses Amy Wax’s Discrimination Suit Against the University of Pennsylvania
In 2022, the University of Pennsylvania disciplined Professor Amy Wax (right), after a string of comments dating back to at least 2017 that denigrated
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kprofsblog.bsky.social
KProfsBlog @kprofsblog.bsky.social · 9d
Colorful facts, artful use of canons of construction — yup, you guessed it, insurance law! Defined terms like “Occurrence” are supposed to be capitalized, and here it wasn’t.
www.contractsprofblog.com/2025/09/insu...
Insurers Need to Beware in the Construction Zone: A Contra Proferentem Case
This is a case about a dramatic commercial mishap that did $35 million in damage to an aluminum processing facility operated by JW Aluminum Company (JW).
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kprofsblog.bsky.social
KProfsBlog @kprofsblog.bsky.social · 12d
Relying on SCOTUS’s decision in Bissonnette, an Uber driver claimed that he was a “transportation worker” exempt from mandatory arbitration. But after a Colorado River analysis, the District Court refused to stay proceedings in the state court.
www.contractsprofblog.com/2025/09/moti...
An arbitration, in the style of Edward Gorey, image by Microsoft Copilot
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kprofsblog.bsky.social
KProfsBlog @kprofsblog.bsky.social · 13d
Ninth Circuit reverses dismissal of Smart Apparel's breach of contract claims against Nordstrom. Smart Apparel alleges that Nordstrom used alleged human rights violations as a pretext for contract cancellation.
www.contractsprofblog.com/2025/09/smar...
Seal of the U.S. Court of Appeals of Appeals for the Ninth Circuit
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kprofsblog.bsky.social
KProfsBlog @kprofsblog.bsky.social · 14d
We covered @hoffprof.bsky.social & @arbel.bsky.social's “Generative Interpretation” before. Today, we have a post on @jtlg.bsky.social, Benjamin Sobel, and David Stein’s “Generative Misinterpretation.” It’s a battle of the titans. Release the Kraken!
www.contractsprofblog.com/2025/09/teac...
Robot attempting to interpret texts, image by Microsoft Copilot.
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kprofsblog.bsky.social
KProfsBlog @kprofsblog.bsky.social · 14d
The Top Tens are back on the new site! AI and Crypto dominate, with scholarship on those subjects taking three of the top four slots and four of the top ten.
www.contractsprofblog.com/2025/09/tues...
Tuesday Top Ten - Top SSRN Contracts and Commercial Law Downloads for September 23, 2025
What's hot and happening in ContractsProf Blog's favorite fields?
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kprofsblog.bsky.social
KProfsBlog @kprofsblog.bsky.social · 15d
New Jersey court, in an unpublished opinion, provides a quick indication of when browsewrap agreements will not be enforced. Plaintiffs used brokerage services for five years but were never asked explicitly to agree to terms.
www.contractsprofblog.com/2025/09/new-...
New Jersey Court Finds Plaintiffs Did Not Agree to Arbitration
Plaintiffs Olga Martinez, aged 94 at the time of the decision, and her goddaughter, Norma Pacheco, acting in her capacity of  power of attorney for Ms.
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kprofsblog.bsky.social
KProfsBlog @kprofsblog.bsky.social · 16d
Possible useful teaching case on the new business rule (and why we don’t need it). District Court reverses $100 million verdict, not b/c of the new business rule but because damages just weren’t provable with reasonable certainty.
www.contractsprofblog.com/2025/09/cour...
Court Reverses $100 Million Jury Verdict Against Caterpillar Because Damages Were Uncertain
While there is more to the case than this, the damages were awarded on a claim by International Construction Products, LLC. (ICP) that Caterpillar, Inc.
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kprofsblog.bsky.social
KProfsBlog @kprofsblog.bsky.social · 18d
I don’t follow. I taught this case and wrote about it. Plenty of critical thoughts about Eisner in that context, but I don’t see how any of that has any bearing on this. Good for him for speaking up, and I share his assessment of Kimmel.
kprofsblog.bsky.social
KProfsBlog @kprofsblog.bsky.social · 19d
Friday’s post: Professor Geoge Cohen provides a close look at a classic opinion from Judge Cardozo, _Sun Printing_. He says Judge Cardozo got it wrong. We report; you decide.
www.contractsprofblog.com/2025/09/teac...
Professor George Cohen
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kprofsblog.bsky.social
KProfsBlog @kprofsblog.bsky.social · 19d
Thursday’s post: Another PA court finds that vendor’s website did not provide adequate notice to customers that they were waiving their constitutional right to a civil jury.
www.contractsprofblog.com/2025/09/penn...
An arbitration, after the manner of Edward Gorey, image by DALL-E
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kprofsblog.bsky.social
KProfsBlog @kprofsblog.bsky.social · 19d
Wednesday’s post: It looks like Twitter (X) will settle a $500 million claim from employees who were fired from the company when it was purchased by Elon Musk.
www.contractsprofblog.com/2025/09/twit...
Rocketman, image by DALL-E
kprofsblog.bsky.social
KProfsBlog @kprofsblog.bsky.social · 19d
Tuesday’s post: An enterprising woman gets back at the dealership that repo’d her car by discovering that the dealership’s registration had lapsed and registering the business in her own name. www.contractsprofblog.com/2025/09/reve...
Kia logo
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kprofsblog.bsky.social
KProfsBlog @kprofsblog.bsky.social · 19d
Monday’s blog post: The Romantics are at it again. No, they don’t have a new hit single. They have a new round of litigation among the band members. It’s called, “What I Don’t Like About You."
www.contractsprofblog.com/2025/09/what...
Cover art for The Romantics’ “What I Like About You."
kprofsblog.bsky.social
KProfsBlog @kprofsblog.bsky.social · 19d
The Blog is back!! Better than ever! Or at least, I find the text more readable than it was on our own platform. Posts from the past week that went unseen are now seeable, starting with this one about Larry David’s “Curb Your Enthusiasm."
www.contractsprofblog.com/2025/09/frid...
Larry David
kprofsblog.bsky.social
KProfsBlog @kprofsblog.bsky.social · 20d
It was only a brief detention and dislocated elbow.
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kprofsblog.bsky.social
KProfsBlog @kprofsblog.bsky.social · 22d
How about just reminding people that members of the armed services have an obligation under the laws of armed conflict to refuse to carry out orders that are manifestly unlawful?
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kprofsblog.bsky.social
KProfsBlog @kprofsblog.bsky.social · 23d
I also find it infuriating that mainstream media link to Twitter stories.
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