Two weeks ago, when discussing Professor Miller’s article on differences in contract law, I remarked that there has been no appellate opinion that looked at the individualized factual issues that arise in breach of contract cases where the plaintiff has alleged a violation of the implied duty of good faith and fair dealing. Turns
contract
Bargains Bicoastal: State-Law Variations in Contract Claims
By The Editors on
Posted in Certification
If I may draw on my (necessarily narrow) experience as a class-action litigator, a rising number of class actions are asserting nationwide contract claims, and specifically claims for the breach of the duty of good faith and fair dealing. I could speculate on the reason for that (new class-action theories come into vogue; there has…