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California Supreme Court

May 19, 2025

California Supreme Court finds parties cannot contract away liability for willful injury

In New England Country Foods, LLC v. VanLaw Food Products, Inc., the California Supreme Court held on April 24, 2025, that contract clauses limiting damages for willful tortious conduct are categorically unenforceable under Civil Code Section 1668, reaffirming that private agreements cannot shield parties from liability for intentional wrongdoing.

Lee S. Brenner

Venable LLP

UC Hastings

Lee Brenner, chair of Venable's Entertainment and Media Litigation Group, is a trial attorney and business litigator based in the firm's Los Angeles office.

See more...

Matthew Raber

Associate
Venable LLP

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California Supreme Court finds parties cannot contract away liability for willful injury
Shutterstock

On April 24, 2025, the California Supreme Court held that contract clauses that limit damages for injuries caused by willful tortious conduct are prohibited by Section 1668 of the California Civil Code.

In New England Country Foods v. Vanlaw Food Products, No. S282968, 2025 Cal. 2025 DJDAR 3413 (Cal. Apr. 24, 2025), a barbecue sauce company ...

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