The Consumer Financial Protection Bureau on Wednesday said it is working on a proposal that would stop companies from including clauses that block consumers from filing class action lawsuits in their arbitration clauses.
Sprint urged a South Dakota federal judge on Tuesday to reverse its decision partially denying Sprint's request for summary judgment in a dispute with Native American Telecom LLC over tariffs imposed on free conference calling services, arguing the order had a key fact wrong.
Former Phoenix Coyotes team owner Jerry Moyes and his wife said Monday that an Arizona federal judge should back a bankruptcy court’s finding that the NHL can’t keep pursuing roughly $120 million for claims stemming from the Coyotes’ reorganization, in part because bankruptcy preemption bars some claims.
A Texas lawyer argued Tuesday that Shore Chan DePumpo LLP cannot use a settlement releasing patent litigation referral-fee claims against the firm and its clients, to block a $3 million claim against a Shore Chan client in an unrelated bankruptcy matter.
A New York state appeals panel revived fraud claims on Tuesday against Capstone Capital Management Inc. and certain other affiliate defendants in a suit over $150 million in purportedly unauthorized real estate ventures, while affirming the dismissal of several other claims.
Several U.S. Supreme Court justices took a dim view Tuesday of a California appeals court’s refusal to send a consumer class action over DirecTV's early termination fees to arbitration, but experts said the justices' questions show a high court grappling with how to balance the federal push for arbitration with states’ rights to interpret contracts.
Mining and energy company Freeport-McMoRan on Monday dodged a shareholder suit challenging $35 million in stock its board of directors granted to CEO Richard Adkerson, with the Delaware Chancery Court calling the shareholder’s argument unpersuasive and inappropriate.
A first-impression debate over potential property rights in Facebook “likes” sparked lively arguments Tuesday in the Eleventh Circuit, but the court may not reach the issue in a dispute between Black Entertainment Television LLC and a fan who helped it generate millions of the online endorsements.
Thoroughbred racetrack king Churchill Downs Inc. must better prove its claims before prevailing in a contract dispute with New Jersey casino and hotel executive Nicholas L. Ribis over a casino project that fell apart, a New Jersey federal judge ruled Monday.
An attorney for Malone Middleman PC told the Pennsylvania Supreme Court on Tuesday that a lower court erred when it concluded that a firm that loses a non-partner employee attorney can hold the lawyer’s new firm responsible for a previous contract with the departing attorney.
Rapper 50 Cent accused of malpractice Garvey Schubert Barer and the attorneys who represented him in licensing negotiations and arbitration disputes with a headphones maker in which the now-bankrupt entertainer had invested, saying in a complaint on Tuesday that the firm and its attorneys owe him $75 million.
The New Jersey Supreme Court said Monday that it will consider whether Riker Danzig Scherer Hyland & Perretti LLP should have priority over the mortgages of another creditor of certain camera sales businesses and their owners, who allegedly owed the law firm more than $3 million in fees.
The University of Pittsburgh Medical Center is not obligated to provide in-network coverage to Highmark Inc.’s Medicare Advantage plan members, the hospital's counsel told the Pennsylvania Supreme Court on Tuesday, arguing that a lower court misinterpreted a deal the state brokered.
An Ohio federal judge on Tuesday dismissed Goodyear’s $19.5 million suit accusing Sears of backing out of an agreement to sell co-branded tires, saying he had received a notice that the parties had settled the dispute.
A former seaman for Celebration Cruise Operator Inc. told the U.S. Supreme Court that an Eleventh Circuit decision compelling foreign arbitration of a worker injury dispute defies precedent regarding prohibitive costs and a Federal Arbitration Act provision excluding seamen’s contracts.
A racketeering suit accusing Snell & Wilmer LLP and others of conspiring to bankrupt an electronic payment terminal venture is "indecipherable" and doesn’t allege anything more than a business dispute, the firm told a Florida federal court Monday, asking that the suit be dismissed.
A California federal judge on Monday granted Allergan Inc.’s motion for summary judgment in a $600 million breach-of-contract lawsuit over Botox, holding that the pharmaceutical giant does not have to pay Miotox certain royalties under the terms of a license agreement.
Skanska USA Building Inc. has sued Prudential Financial Inc. for allegedly breaching construction management and price contracts surrounding the insurance giant's new $444-million, 20-story office tower in Newark, N.J., contending that it hasn't been properly paid.
A Thai college student, accused of importing and illegally selling foreign edition textbooks online via the auction site eBay, has filed a petition for writ of certiorari with the U.S. Supreme Court, arguing the courts are in “utter disarray” about fee requests under the Copyright Act.
A pair of Southwest Airlines Co. travelers have filed a putative class action in California federal court over what they claim is a “hidden exception” in the airline’s cancellation policy, saying credit from a canceled flight was deemed expired months before the airline’s advertised one-year expiration date.
Parties often take great pains to define the scope of defense and indemnity obligations in supply contracts, but obligations regarding insurance procurement often take a backseat, which — as a recent Fourth Circuit decision demonstrated — can create significant costs for both parties down the road, say Joseph Beavers and Alexander Creticos at Miles & Stockbridge PC.
With a recent decision in the case of Rhone Holdings LP, the insertion of boilerplate language can now obviate an important and powerful tool of the Cayman Islands Companies Law and invest even more power in offshore funds, say Jonathan Sablone and Danielle McLaughlin of Nixon Peabody LLP.
Given the times we live in, it is almost inevitable that everyone will, sooner or later, need to consult with legal counsel. With that in mind, I thought it might be interesting to discuss a few things that clients just won't tell their lawyers, says Francis Drelling, general counsel of Specialty Restaurants Corp.
A Southern District of New York decision in a Lehman Chapter 11 suit, holding that Intel Corp.’s loss calculation resulting from a failed transaction was appropriate, is significant both because of the dearth of judicial interpretation of International Swaps and Derivatives Association closeouts, and because it affirms the general understanding that a nondefaulting party has broad discretion in calculating “loss,” say attorneys wit... (continued)
The arguments the U.S. District Court for the Northern District of Texas accepted in Shane Galitsky v. Samsung Telecommunications America LLC when denying certification of a class of California smartphone consumers may also be applicable in other consumer class actions attempting to certify a class on the basis of a common defect, says Emily Pincow of Weil Gotshal & Manges LLP.
The E-Warranty Act, signed into law last week, is meant to bring law out of the Paper Age and will significantly change how product manufacturers and sellers think of warranties, say Scott Winkelman and Preetha Chakrabarti at Crowell & Moring LLP.
After recently hearing a young trial lawyer start his opening statement with the Paul Harvey approach, I feel motivated to set out the reasons why defense lawyers should not use this technique anymore, says Dr. Ross Laguzza of R&D Strategic Solutions.
Because the California Supreme Court's recent ruling in Sanchez v. Valencia Holding Co. did not take away any of the tools state courts use in finding unconscionability — and arguably even added a new one — Justice Antonin Scalia's observation in AT&T Mobility LLC v. Concepcion that California courts have been more likely to hold contracts to arbitrate unconscionable than other contracts may still hold true, say Neil Bardack and Ca... (continued)
Two cases decided this summer in the Seventh and Ninth Circuits have breathed new life into the successor liability doctrine in the withdrawal liability context and have expanded it in a manner that suggests this is a growing risk for companies that may purchase the assets of a unionized employer, say Jonathan Rose and Richard Siegel of Alston & Bird LLP.
Unfortunately for sports fans, there is no “Deflategate MDL” — although that multidistrict litigation would have been a true fantasy football proceeding and made for a great discussion. Nevertheless, there is a new sports MDL proceeding and it has nothing to do with any of the four major U.S. sports leagues, says Alan Rothman of Kaye Scholer LLP.