Case Notes: Contracts & Contract Breach

• » Fordoche, Inc. v. Texaco, Inc., et al. | 
  No. 05-30857, 2006 WL 2506377 (5th Cir. (La.) Aug. 31, 2006)
  The Fifth Circuit holds that to comply with a contract containing a right of first refusal clause, the party selling the property must clearly, and in good faith, communicate the terms of a proposed sale to the party holding the right of first refusal.
• » Blase Industries Corp. v. Anorad Corporation, et al. | 
  442 F.3d 235 (5th Cir. 2006)
  Employer may not recover lost profit damages arising from loss of potential earnings of an at-will employee.
• » Kaiser v. Bowlen, et al. | 
  The U.S. Court of Appeals for the Tenth Circuit applied Colorado law and held that a contractual right of first refusal that, by its terms, applies only to the assets of a company, does not implicate the sale of shares of that company.

  [See also: Court Opinion]