Alta Power, L.L.C. v. General Electric International, Inc., Case No. 25-10774 (5th Cir. 2026).
A broadly worded mutual consequential‑damages waiver that expressly covers each party’s “contractors or subcontractors” and “any cause of action” arising out of or connected in any way to the agreement permits an intended third‑party subcontractor‑beneficiary to invoke the waiver against tort claims under Texas law, including intentional tort and fraud‑based claims.
Bender v. Village of Mariemont, Case No. 25-3540 (6th Cir. 2026).
Police officers who credit one party’s undocumented claim of authority over another’s asserted possessory interest and physically remove an occupant without a court order are not entitled to qualified immunity, as they have actively participated in a private eviction and have violated the Fourth Amendment by doing so.
