Intentional Misconduct Could Nullify Damages Limitations Clauses in Commercial Contracts

We recently published an article in the Potomac Techwire regarding damages limitations clauses in commercial contracts. In a recent decision from the United States District Court for the Western District of Virginia, All Business Solutions, Inc. v. Nationsline, Inc., 2009 U.S. Dist. LEXIS 54693 (W.D. Va. June 29, 2009), the court held clauses that limit the ability to recover indirect. consequential or punitive damages unenforceable to bar claims for intentional misconduct based upon public policy. This is an important case, as companies who are sued for misconduct frequently seek to hide behind such clauses in commercial contracts to escape liability. To read the entire article, click here.