Can you limit damages?
Limitations of damages are dicey. You can limit damages, but they’re not always enforced. When it comes to contractual issues and damages, on behalf of your client, you should start out by determining what position they are in in the chain of the transaction. This video reviews the enforcement of damage limitations and discusses the pros and cons of damages clauses.
Sean R. Smith
Continuum Legal Group LLP
- Attorney with Taylor English Duma LLP in Atlanta
- Represents companies and individuals in a multitude of different areas of litigation and alternative dispute resolution
- Tried multiple actions in state and federal courts in Georgia and surrounding states, including a representation of Time Inc., which was noted as one of the 15 significant defense verdicts in the country in 1996
- Represented numerous clients in appeals in both state and federal court
- Advises clients on an ongoing basis regarding various methods of avoiding litigation and making litigation more effective and efficient when it is necessary
- Briefed and argued appeals in numerous appellate courts, including the 11th Circuit, 6th Circuit, the Supreme Courts of Georgia and Montana, and the Court of Appeals of Georgia
- J.D. degree, University of Chicago; A.B. degree, on the law review and was a Hinton Moot Court Finalist, Harvard College
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