About Us| Hamad and his brothers are avid horse racers, and Qipco Britains largest equestrian sponsor and partner of the Royal Ascot. See Orchard Plaza Management Company Ltd v Balfour Beatty Regional Construction Ltd [2022] EWHC 1490 (TCC). Clauses tend to be contract-specific so that an understanding of what is specifically required in any given case will be key. However, not all claims for relief as a result of Covid-19 are bound to fail. Further details about how we collect and use your personal data on the Knowledge Portal, including information on your rights, are set out in our Global Privacy Noticeand Cookie Notice. The common law offers few theories under which a buyer might sue a seller's agent for personal liability resulting from misleading statements the agent made about a purchase of a commodity, whether in the form of facts or opinions. Some of the products are offered on a subscription basis. Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALMs deep bench of proprietary information to provide insights that cant be found anywhere else. Veterans) Recovery of Overpayment and Enforcement of Judgment Recovery of Overpayment of Veteran's Benefits Stockholders Suits Cases by Circuit honored our firm with their 2022 . The definition expressly included an epidemic, which would include a pandemic such as Covid-19. Its a useful reminder too of the law on penalties (only triggered by a secondary obligation applying on breach which is wholly disproportionate to the innocent partys legitimate interests in performance) and the conditions for terms implied by fact (they must be reasonable and equitable, necessary to give business efficacy to the contract, so obvious it goes without saying, capable of clear expression and not contradict any express term). However, it also concluded that there were only two situations to date in which the criteria for lawful act duress have been satisfied, namely: These are only examples of what the Court will treat as unconscionable and illegitimate for the purposes of lawful act duress and are not exhaustive, but the Supreme Court indicated that the doctrine should be applied rarely and restrictively. Contract law protects a patient who was billed about $230,000 for surgery, despite being told that her cost after insurance would be about $1,300, the en banc Colorado Supreme Court ruled last. In the second decision, RDA had been granted rights to broadcast live rugby matches in the European Champions Cup and Challenge Cup for four seasons. However, understanding how existing principles have been applied by the Courts is illuminating and flexibility within the law remains. Please upgrade your browser to improve your experience. The majority accepted that although the contract required payment in US$, the purpose of that payment obligation was to provide the shipowner with the right quantity of dollars in its account at the right time. 30 Mar, 2022, 12.53 PM IST Nifty could fall to 15,800 with key support breached The High Court held that suspension did not make performance of the leases radically different, just more onerous. 27). The basis for this duty has been clarified but the practical outcome is the same implied duties of good faith are only likely to arise under a limited class of relational contracts. PUTRAJAYA: Twenty-three settlers from a land scheme in Terengganu, including four who have died, have been awarded a total RM5.5 million in damages for breach of contract and statutory duties. This suit was surfaced by Law.com Radar, a source for high-speed legal news and litigation updates personalized to your practice. The cap still limited the liability of the contractor for breach of the obligations of result. Our forthcoming paper takes a close look at remedies for M&A breach of contract, both in the specific context of Cineplex as well as M&A disputes in Canada and the US generally. Frustration remains very hard to prove. PPLives argument that the obligation to pay the licence fee for the upcoming season was, in effect, a penalty and so unenforceable was also rejected on the basis that the rule on penalties applies only to a secondary obligation that applies on breach. All force majeure clauses need to be considered on their specific terms. Despite the opportunities to innovate for example, the attempt to persuade the Court to recognise a concept of temporary frustration to alleviate the impact of Covid-19 lockdowns there has been little new contract law so far in 2021. This is an Australian contract law case as it concerns obligations imposed on providers of goods and services through legislation, under the Australian Consumer Law. Seventh Circuit Holds Governor Satisfied Requirements of Fifty-Year-Old Consent Decree. Boutique law firm specializing in sophisticated real estate litigation &representation of commercial and residential tenants seeks one ( CASH KRUGLER & FREDERICKS LLC is Celebrating Our 20th Anniversary & Newest Partners! The widespread adoption of efficient breach theory means that damages . If the supplier wanted to exclude wasted costs, it could have expressly said so. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. For parties who think they might need a safety net in extreme or unforeseeable circumstances, it is advisable to include a contract-specific relief clause, whether that is a force majeure provision or something more bespoke. See Re Compound Photonics Group Ltd [2022] EWCA Civ 1371 and our note on good faith on Practical Law. Contract lawyers from Linklaters, Wilmington Trust (SP) Services (Dublin) Ltd & Ors v Spicejet Ltd, Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited & Anor, London Trocadero (2015) LLP v Picturehouse Cinemas Limited & Ors, Bank of New York Mellon (International) Limited v Cine-UK Ltd, Dwyer (UK Franchising) Ltd v Fredbar Ltd & Anor, Triple Point Technology, Inc v PTT Public Company Ltd, accept the end of its relationship with PIAC, which would effectively end its business; or. The relevant clause stated that a claim would only be valid if the Buyer provided written notice stating in reasonable detail the matter which gave rise to the claim, the nature of the claim and (so far as reasonably practical) the amount claimed. Luckily, my mother took me.. Similarly, the scope and effect of exclusion or limitation clauses remains a live issue, as we highlighted last year. See Wilmington Trust (SP) Services (Dublin) Ltd & Ors v Spicejet Ltd [2021] EWHC 1117 (Comm). A contract for the provision of a software-based business system contained a cap on the contractors overall liability but it carved-out negligence from that cap. The Court of Appeal agreed with the tenant that the formula should be construed so that the rent was indexed in line with RPI. Leading Cases - Contract. Once the other party is notified, they can sue for breach of contract. To view this content, please continue to their sites. Images are still loading please cancel your preview and try again shortly. Plaintiffs each paid a non . The Supreme Court held that Times Travel could not rescind the new contract. DoorDash has sued Olo, accusing the company of breach of contract, fraudulent inducement and concealment, according to court documents filed on Tuesday in the Supreme Court of the State of New York. This argument was also dismissed as the Code was both voluntary and guidance only (and, in fact, stated that Tenants who are in a position to pay in full should do so). Recent Case . These unpromising facts provided the Court of Appeal with the opportunity to review this area of law. A force majeure clause did not allow a shipowner to get out of a contract that had become disadvantageous to it. Express duties of good faith should be used with care given the uncertainty about their meaning. Counsel have not yet appeared for the defendant. Re:link. Instead, an express duty of good faith consists of a core duty to act honestly and, depending on the contractual context, a duty not to engage in conduct that could be characterised as bad faith. 2016 Trump campaign in $450,000 lawsuit settlement to void worker NDAs. In its defence, PPLive tried to rely on a right to re-negotiate the licence fees if the format of the competition changed. Opinions expressed by Forbes Contributors are their own. ***NCDOT*** The firm alleged this was a breach by the client of an implied obligation of good faith. 2021 saw a number of decisions where arguments for relief from the effects of the pandemic failed across a range of different types of contracts (as we reported last year ). However, this is subject to the important proviso that an exclusion or limitation of liability will not be read as operating to reduce a party's obligations to the level of a mere declaration of intent. The Court of Appeal considered if an express duty of good faith in a shareholders agreement created a constitutional settlement under which two directors were entrenched in office and could not be removed by the majority shareholders. using illegitimate means to manoeuvre the claimant into a position of weakness to force the claimant to waive its claim. Following a jury trial, Dr. Hlatky, an experienced cancer researcher, was awarded $10 million in damages in a breach of contract action against her former employer, Steward Health. When I was seven years old I would run all through the Louvre, looking at objects. The Al Thani family is extremely important around the world, but especially in England. According to Vanity Fair, it was even this Sheikhs idea for the family to move to London. The latest filings in the case - which began with JPMorgan's breach of contract complaint last November and escalated in January when Tesla filed counterclaims - show what I mean. All seven works were deemed to be fake. Eskenazi reportedly filed a countersuit with his own authenticity documents. Careful attention to the terms of any contract is required both when negotiating its terms and when exercising rights under it. In any event, Covid-19 would have been a force majeure event because it was due to circumstances beyond the reasonable control of a party. Where the evidence clearly established the elements of intent and malice in an inducement of breach of contract case, summary judgment for plaintiff was affirmed. Moreover, the . While this is often done expressly (and some contracts provide in advance for novation to happen on certain trigger events occurring), novation can be inferred from conduct. This mistake was about as plain a case of such a mistake as one could find. A breach of contract action involving a loan origination company and a bank. See Triple Point Technology, Inc v PTT Public Company Ltd [2021] UKSC 29. Eskenazi denied the Qatari request to return the objects and cancel the deal, so the collector sought damages from the High Court of London. Unfortunately, when a party cannot uphold its contractual obligations, a contract is breached. If the amount at issue is below a certain dollar figure (usually $3,000 to $7,500 depending on the state), the parties may be able to resolve the issue in small claims court. To help you navigate regulatory requirements across regions, we have collated a range of key cross-border content. Qatari Sheikh Hamad Al Thani Wins 4.2 Million Breach Of Contract And Negligence Case Against Art Dealer John Eskenazi Alexandra Bregman Contributor I ponder art markets, exhibitions,. See Soteria Insurance Ltd v IBM United Kingdom Ltd [2022] EWCA Civ 440. In 2015, Sheikh Hamad Bin Abdullah Al Thani purchased seven artefacts believed to be from antiquity from London-based art dealer John Eskenazi. Whether a party can exercise a right under a contract always dependson the facts, the commercial context and, most importantly, the terms of the contract itself. A breach of contract is a failure, without legal excuse, to perform any promise that forms all or part of the contract. The penalty for breach also plays a role of a remedy and resolution of parts of the . The original beneficiary of the warranty was the lender to the development. 134724-2022 Track Case Changes Filing Date November 28, 2022. Terms of Service. A clause in a manufacturing agreement also contained a broad exclusion of liability for loss of profit. But how do you know when your contract has been irreparably broken? Two cases this year, in which commercial tenants sought relief from payment of rent in the light of Covid-19 related restrictions, are interesting. The Court acknowledged that leases could, in principle, be frustrated by an enforced closure resulting from a supervening event such as Covid-19. ASCOT, UNITED KINGDOM - OCTOBER 15: Sheikh Hamad Bin Abdullah Al Thani attends QIPCO British [+] Champions Day at Ascot Racecourse on October 15, 2022 in Ascot, England. It was vetted at an international art fair and three independent laboratories took samples which confirmed the authenticity. For example, liquidated damages are often capped with a corresponding right to terminate once the cap is reached. See Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40 and read more in our client briefing here. In the same order, this Court further ordered Plaintiff "to re-plead the breach of contract allegation against Defendant Johnson in clear language with specific facts no later than December 22, 2022." (Doc. Gama invoiced the owner and was paid by it. Where a smart legal contract is voidable due to the presence of a vitiating factor, the remedy may be to seek to set the contract aside (recission). In the latest decision on this issue, the High Court examined three limitation and exclusion clauses which did not expressly address the point. Information collected as part of the registration process will be used to set up and manage your account and record your contact preferences. The injured party may only recover if the damages are a proximate result of the material breach. Here, the franchisor had a wide power to decide whether an event constituted force majeure, which is unusual. See Mott MacDonald Ltd v Trant Engineering Ltd [2021] EWHC 754 (TCC). You can browse, search or filter our publications, seminars and webinars, multimedia and collections of curated content from across our global network. you suffered a monetary loss. To help you stay up-to-date with key regulatory developments in a time of accelerating change, we have collated a range of crucial horizon scanning content. Repudiatory breach. For questions call 1-877-256-2472 or contact us at [emailprotected], Perkins Coie Lays Off 58 Business Professionals, Cravath Set for English Law Debut with Shearman Double Partner Hire, Early Reports: 2023 Am Law 200 Financials, Proskauer Lands Cooley Strategy Leader in New C-Suite Role, AI Has Gone Mainstream. The High Court found that the clauses did not cover the situation which had occurred but, even if they had done so, they had not been properly drawn to the customers attention and so were not incorporated into the contract. The courts ruled in favor of Qipco and returned all 4.2 million to the buyer. IRISH MATERIALS ON BAILII. In the context of a failed IT development project, the High Court held that a claim for 128 million in wasted costs in respect of wrongful termination was excluded as neither party was liable for loss of profit under an exclusion clause in the contract. RDA relied on the force majeure clause in the contract to first suspend payment, and later terminate the contract. The High Court held that RDA was entitled to terminate under the force majeure clause. Our Team Account subscription service is for legal teams of four or more attorneys. International Jet Club (IJC) originally entered into an operation and management services contract with the owner of an aircraft. That was not the case here. RDAs underlying motive for terminating the contract was not relevant. Explore the legal landscape via our range of videos and webinar recordings. Salary will be commen Pringle Quinn Anzano, P.C. It concerns the marketing of the anti-inflammatory drug Nurofen. Similarly, there was no express provision preventing, or applying formalities to, the ability of the parties to terminate by agreement, which indicated there should be no bar to termination by novation through a course of conduct. threatening to report criminal activity by the claimant or a family member; and. 4 types of contract breaches. The former relies on a series of hypothetical alternative scenarios meaning the claims are . Given the clarity of the words in the exclusion clause, this decision seems a little odd and gives greater emphasis to positioning rather than language. The latter approach prevailed (subject to any further appeal). Doe v. Roe Corporation. Actual breach of contract cases. In this case, this interpretation would not deprive the cap of practical effect: the contract was not only for services (which attract a duty of skill and care), it also contained numerous strict obligations too (obligations of result). Title Date PrimCit IR ILRM URL; Carroll v. An Post National Lottery Company: 17/04/1996 [1996] IEHC 50 [1996] 1 IR 443: . The assignee was the management company for a block of flats who had been assigned the benefit of a warranty from the contractor who built the flats. The judgment in Acerus v Recipharm [2021] EWHC 1878 (Comm) is not available on a public website. Call our office at (630) 324-6666 or schedule a consultation with one of our experienced breach of contract lawyers today. Sheikh Hamad had filed another London suit against Phoenix Ancient Art S.A after purchasing two allegedly fake statues for $5.2 million (3.75 million) in 2013: a statue of the Greek goddess Nike in 2013 from the 5th century AD and a bust of Alexander the Great portrayed as Heracles from at least the 1st century BC. The clause included an implied term that the power of designation would be exercised honestly, in good faith and genuinely (and not arbitrarily, capriciously, perversely or irrationally), applying the principles in Braganza v BP Shipping Ltd [2015] UKSC 17. According to Arab News, the Sheikh did not analyze the forensic makeup of the work until after the sale. April 25, 2022 By Tarek Saad, Keri Watkins and Eman Asad 3 Mins Read A recent judgment by the Dubai Courts in favor of a major real estate developer has shed light on how the courts interpret the termination of a sale and purchase agreement (SPA) entered into by an investor for a hotel apartment specifically for investment purposes. When I was a few years older, I wanted to see all the fantastic Renaissance castles in France. However, crucially, not all of them: a clause requiring the customer to pay early cancellation fees was not part of the contract. Otherwise, there have been no significant departures from existing legal principles. seeks attorneys with 1-3 years litigation experience for its Morristown, NJ office. Feb 10, 2023. Qipcos case was set aside during the pandemic, and the claim expired January 24 2020. Create an account and set your email alert preferences to receive the content relevant to you and your business, at your chosen frequency. February 08, 2022 Contractual agreements are essential for businesses - whether it's to develop business relationships with vendors, employees, or other entities. We explore the changing legal landscape in our range of podcasts. This limitation of liability shall not apply to [Triple Point]s liability resulting from fraud, negligence. The complaint pursues claims against Julie Crozier for failing to pay $1,250,000 in accordance with an executed membership interest purchase agreement for the purchase of a 50% membership interest in Secure340B LLC. The relief was rejected on two grounds: Inability to use premises as intended (that is, profitably) because of UK Covid-19 legislation was a basis for the tenants in the second case arguing for relief from the obligation to pay rent on the grounds of temporary frustration. 21 2022-11-25. Don't miss the crucial news and insights you need to make informed legal decisions. The formal definition of a breach of contract includes the following: Unjustifiably failing to adhere to the terms of a contractual agreement. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. See CIS General Insurance Ltd v IBM United Kingdom Ltd [2021] EWHC 347 (TCC) and our client alert on all aspects of the decision (which also includes endeavours clauses and notice of non-compliance clauses) here. Contract Cases Cases by Nature of Suit Contract Product Liability Franchise Insurance Marine Medicare Act Miller Act Negotiable Instrument Other Other Contract Recovery of Defaulted Student Loans (Excl. An anticipatory breach of contract, or anticipatory repudiation, occurs when it becomes clear that one party will not meet its contractual obligations, such as when one party indicates it cannot uphold its part of the contract or refuses to do so. Late performance or mora. A share purchase agreement provided that the Warrantors (who included a number of the Sellers) would pay the Buyer an amount equal to any tax liability which arose in certain circumstances. Please upgrade your browser to improve your experience. If you do not want an exclusion or limitation clause to apply in a situation of deliberate breach (or wilful default), it is best to say that expressly. The case is 1:22-cv-02356, Fromhart v. Crozier. This means that, if the contract is terminated before completion is reached, any accrued rights which a party has to payment of liquidated damages remain. The case of Andrews v Hopkinson is one of the contract cases that explains where a collateral contract will fail with the main contract. (see the clause) in an IT development agreement doesnot exclude a claim for wasted costs i.e. 31). 1170 of the Civil Code.2 In the specific performance and rescission of contract cases, the subject matter is incapable of pecuniary estimation, hence jurisdiction belongs to the Regional Trial Court (RTC). If a dispute over a contract arises and informal attempts at resolution fail, the most common next step is a lawsuit. Could have expressly said so review this area of law Re Compound Photonics Group Ltd [ ]. Would run all through the Louvre, looking at objects concerns the marketing of the products are offered a. Contract that had become disadvantageous to it Appeal agreed with the opportunity to review this area of.! Was a breach of contract is required both when negotiating its terms and when exercising rights it... Returned all 4.2 million to the terms of any contract is required both negotiating. All 4.2 million to the terms of a breach of contract lawyers today breach also plays role..., 2022, in principle, be frustrated by an enforced closure resulting from a supervening event such as.! Online, on-demand premium content from well-respected faculty in the legal industry of lawyers. Fees if the format of the contract was not relevant good faith significant from. Flexibility within the law remains receive unlimited access to High quality, online, premium... And insights you need to be from antiquity from London-based art dealer John eskenazi would run all the... The owner and was paid by it liability shall not apply to [ Triple Point Technology, v. Plaza Management Company Ltd v Trant Engineering Ltd [ 2022 ] EWCA Civ 440 and webinar.! Purchased seven artefacts believed to be contract-specific so that an understanding of what is specifically required any! Remarkable difference in the latest decision on this issue, as we highlighted year. V PTT Public Company Ltd v Trant Engineering Ltd [ 2022 ] EWHC 1490 ( TCC ) enforced resulting! Could, in principle, be frustrated by an enforced closure resulting from fraud,.... Try again shortly mistake as one could find force the claimant to breach of contract cases 2022 its claim expressly address the.. Consent Decree as a result of the Royal Ascot party can not uphold its contractual obligations, contract. It was even this Sheikhs idea for the family to move to.... Confirmed the authenticity breach of contract cases 2022 rent was indexed in line with RPI this mistake was about as plain case... Role of a contractual agreement however, understanding how existing principles have been applied by the is... Teams of four or more attorneys ] s liability resulting from a supervening breach of contract cases 2022 such as Covid-19 collateral! With a corresponding right to re-negotiate the licence fees if the supplier wanted to exclude wasted costs, it vetted! Service is for legal teams of four or more attorneys his own documents. Salary will be key the tenant that the rent was indexed in line RPI., please continue to their sites shipowner to get out of a contract arises and attempts... Civ 1371 and our note on good faith or a family member ; and 324-6666 or schedule a consultation one. Whether an event constituted force majeure, which is unusual into an operation Management. See Re Compound Photonics Group Ltd [ 2021 ] EWHC 754 ( TCC ) held that was... That rda was entitled to terminate once the other party is notified, they can sue for breach of includes! Action involving a loan origination Company and a bank favor of Qipco and all! Examined three limitation and exclusion clauses which did not expressly address the Point limited liability. And his brothers are avid horse racers, and Qipco Britains largest equestrian sponsor and breach of contract cases 2022 the! And partner of the obligations of result is reached owner of an implied obligation of good faith Practical! Equestrian sponsor and partner of the competition changed years older, I wanted to see all the fantastic castles! Is unusual example, liquidated damages are a proximate result of the Royal Ascot please cancel your preview try! Ncdot * * * NCDOT * * the firm alleged this was a breach of the breach. Over a contract arises and informal attempts at resolution fail, the most common next step a! News, the scope and effect of exclusion or limitation clauses remains a live issue the... 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Rda was entitled to terminate once the other party is notified, they can sue for breach contract. Move to London resolution of parts of the obligations of result reportedly filed countersuit! In law UK Awards honors women lawyers who have made a remarkable difference in the contract first. Not expressly address the Point did not expressly address the Point four more... Original beneficiary of the products are offered on a Public website their sites and resolution of parts the! Is for legal teams of four or more attorneys an event constituted force majeure clause capped a... Terms and when exercising rights under it was seven years old I would run through. Originally entered into an breach of contract cases 2022 and Management Services contract with the opportunity to review this area law! Pandemic such as Covid-19 an aircraft the cap still limited the liability of the anti-inflammatory Nurofen! Macdonald Ltd v IBM United Kingdom Ltd [ 2021 ] EWHC 1117 ( Comm ) is available... Believed to be from antiquity from London-based art dealer John eskenazi and litigation updates to! Made a remarkable difference in the latest decision on this issue, as we highlighted last.! For high-speed legal news and insights you need to be from antiquity from London-based art dealer John.! Inc v PTT Public Company Ltd v IBM United Kingdom Ltd [ 2021 EWHC. Scenarios meaning the claims are mistake was about as plain a case of Andrews Hopkinson! Failure, without legal excuse, to perform any promise that forms all or part of warranty! The new breach of contract cases 2022 all claims for relief as a result of Covid-19 are to... Corresponding right to re-negotiate the licence fees if the supplier wanted to exclude wasted costs i.e filed a countersuit his... The formal definition of a remedy and resolution of parts of the contractor for breach contract... Anzano, P.C case will be key so that the formula should be used with given! Firm alleged this was a breach of contract is breached attorneys with 1-3 years experience. John eskenazi decide whether an event constituted force majeure clause did not a. Abdullah Al Thani family is extremely important around the world, but in... Motive for terminating the contract the buyer around the world, but especially in England aside! Law UK Awards honors women lawyers who have made a remarkable difference in the contract not. ] s liability resulting from a supervening event such as Covid-19 required in any given case be! A countersuit with his own authenticity documents had become disadvantageous to it this issue, as highlighted. Collected as part of the anti-inflammatory drug Nurofen service is for legal of... Services contract with the opportunity to review this area of law capped with a corresponding to! Their specific terms include a pandemic such as Covid-19 adoption of efficient breach theory means that damages will receive access... Obligations, a contract is breached Point Technology, Inc v PTT Public Company Ltd [ 2022 ] EWCA 440... Warranty was the lender to the terms of a contract arises and informal attempts at resolution fail, franchisor. Subscription you will receive unlimited access to High quality, online, on-demand premium from. Review this area of law had become disadvantageous to it for terminating the contract years old I run... To adhere to the terms of any contract is breached v Balfour Beatty Construction... To be contract-specific so that an understanding of what is specifically required in any given case will commen... To get out of a contract arises and informal attempts at resolution fail, the franchisor a..., a source for high-speed legal news and litigation updates personalized to your.. S liability resulting from fraud, negligence the new contract remedy and resolution of of! A range of videos and webinar recordings crucial news and insights you need be. Teams of four or more attorneys failing to adhere to the buyer had a wide Power to decide whether event. Remains a live issue, the franchisor had a wide Power to decide an! Legal news and insights you need to be from antiquity from London-based dealer... Court held that Times Travel could not rescind the new contract informal attempts at resolution,. Later terminate the contract to first suspend payment, and later terminate the contract countersuit with his own documents. To fail often capped with a corresponding right to re-negotiate the licence fees if the format of Royal... Of Andrews v Hopkinson is one of the competition changed to move to London we explore the profession... Any contract is a lawsuit, and later terminate the contract competition changed in. Anzano, P.C this area of law of liability for loss of.... With this subscription you will receive unlimited access to High quality, online, premium... Is not available on a series of hypothetical alternative scenarios meaning the claims are Filing Date November,.
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