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Expert Analysis

California Case Offers New Take on Liquidated Damages

By Alexander Safyan and Jon-Jamison Hill (November 4, 2022, 4:46 PM EDT) -- A new light has been shone upon liquidated damages provisions included in settlement agreements. On Oct. 12, the California Court of Appeal held that a provision fixing damages at a cap of nearly three times the amount of a settlement was not unreasonable, in light of all the circumstances existing at the time the contract was made....

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