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Commercial Contracts
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April 17, 2024
Jury Says Caterpillar's Interference Cost Equipment Co. $100M
A jury in Delaware has rejected antitrust claims against Caterpillar but found that the equipment maker caused a defunct importer $100 million in damages by interfering with its contract to sell equipment through an online sales platform.
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April 17, 2024
Data Co. Seeks Coverage For $250M Lebanon Explosion Suit
A data services company told a Texas state court that its insurers must defend it in an underlying $250 million lawsuit stemming from the 2020 Port of Beirut explosion in Lebanon which killed over 218 people, maintaining that the insurers have wrongfully refused.
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April 17, 2024
Panel Agrees Pot Investor's Deal In 2017 Suit Nixes 2019 Suit
A Washington state appeals court has thrown out an investor's suit alleging that a cannabis venture failed to follow through on a deal to acquire ownership interest in exchange for a $650,000 investment, finding his settlement of a prior suit block his claims.
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April 17, 2024
Judge Merges Axos Bank Suits But Won't Appoint Counsel Yet
A California federal judge has agreed to consolidate a pair of cases over how Axos handled interest rates on savings deposit accounts offered through an online banking division, but rejected its customers' bid to name three law firms as interim co-lead counsel, saying it is not necessary at this time since more consolidation could occur.
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April 17, 2024
Ogletree Expands Into Western NY With Ex-Goldberg Atty
Management-side employment firm Ogletree Deakins is expanding into western New York, announcing Tuesday that it is adding a shareholder in Buffalo from Goldberg Segalla.
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April 17, 2024
American Urges 1st Circ. To Reject 'Radical' JetBlue Ruling
American Airlines has told the First Circuit that a judge's "radical vision of the antitrust laws" that blocked its Northeast Alliance joint venture with JetBlue shouldn't stand, arguing that federal enforcers are relying on misleading claims and outdated precedent to prop up the lower court's mistaken conclusion.
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April 16, 2024
Pro-Israel Fart Sprayer Sues Columbia Univ. Over Suspension
A Jewish Columbia University student on Tuesday lobbed discrimination claims at the university, which he said unfairly suspended him for spraying non-toxic fart spray at a protest over the Israeli-Palestinian conflict, a move he said was designed to "silence" him for his views.
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April 16, 2024
Businessman Urges Calif. Court To Refuse $4.4M Award
A businessman who signed agreements with a Chinese energy management company on behalf of two different investment funds has told a California federal court that he never received proper notice about an arbitration that resulted in a $4.4 million award against him.
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April 16, 2024
Al Roker Fired Producer For Supporting DEI Policy, Suit Says
Television producer William Schultz has sued Al Roker and his production company in New York federal court, alleging that he was wrongfully fired from the show "Weather Hunters" after voicing support for an initiative to bring minority writers onto the PBS children's show.
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April 16, 2024
Mercedes Rusty Subframe Suit Is Too Vague, Judge Is Told
Mercedes-Benz argued in court Tuesday that a proposed class action over a claimed subframe defect should be dismissed as an improper shotgun pleading as it directs allegations at "Mercedes" without specifying whether the German parent company or its Atlanta subsidiary are supposedly to blame.
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April 16, 2024
NY Outdoor Stadium Can Host Concerts During Noise Row
A century-old outdoor stadium in New York where the Beatles once played can continue operating as it battles disgruntled neighbors after a state judge denied the residents' request for a preliminary injunction because they had not shown that noise from the stadium was unreasonable.
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April 16, 2024
Staffing Co. Drops Contract Fight With Panthers Stadium
The Carolina Panthers' stadium operator and the event staffing company that accused it of wrongly pulling back from an arrangement the parties had made to staff the National Football League team's home games came together Tuesday to drop their dispute from North Carolina federal court.
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April 16, 2024
3rd Circ. Cuts Claims In Geico Vehicle Value-Adjustment Suit
A New Jersey couple can't bring class-action claims against Geico over it allegedly knocking too much off the payout value on totaled cars, since the company ultimately adjusted their personal claim settlement offer upward, a Third Circuit panel has ruled.
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April 16, 2024
DraftKings Workers Say Ex-Boss Tried To Lure Them To Rival
Two DraftKings higher-ups testified Tuesday that their former boss had tried to lure them to join rival sportsbook Fanatics with multimillion-dollar compensation offers, contradicting their former supervisor's claim that he never attempted to get his top lieutenants to help him set up a new office for Fanatics in Los Angeles.
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April 16, 2024
FTC To Unveil, Vote On Final Noncompetes Ban April 23
The Federal Trade Commission gave a one-week heads up Tuesday of its impending unveiling of — and vote on — the final version of a rule that would ban essentially all noncompete agreements employers impose on their workers.
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April 16, 2024
AT&T Unit Urges Justices To Weigh In On FCC E-Rate Saga
An AT&T subsidiary is asking the U.S. Supreme Court to rule on whether reimbursement requests for the Federal Communications Commission's E-rate program for schools and libraries are "claims" under the False Claims Act, part of a whistleblower suit accusing the company of overcharging public schools and libraries.
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April 16, 2024
NJ Hospital GC Emails Doom $24M Verdict For Surgeons
The New Jersey Supreme Court on Tuesday vacated a $24.3 million award to a group of neurosurgeons on their claim that a hospital didn't operate in good faith, finding the trial court's admission of emails from the hospital's general counsel and remarks made during closing arguments deprived the hospital of a fair trial.
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April 16, 2024
Capital One Escapes Customer Sign-Up Bonus Suit, For Now
A California federal judge dismissed a proposed class action brought by a Capital One customer who claimed he applied for a credit card but never got a promised sign-up bonus, saying that a social media advertisement about a bonus was not enough to allege traceability.
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April 16, 2024
Excess Carriers Say Property Co. Not Covered In Antitrust Suit
Two excess insurers said they don't owe coverage to a property management company for underlying litigation alleging a price-fixing conspiracy involving software company RealPage Inc., telling a Massachusetts federal court that a professional services exclusion in the primary policy bars coverage.
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April 16, 2024
W&T Offshore Accuses Pipeline Co. Of $3M Per Month Losses
A Gulf of Mexico oil producer claims it is losing millions of dollars a month from regulators' forced shut-in of a pipeline network it depends on in a lawsuit filed in Texas federal court alleging the pipeline company violated their contract to follow U.S. law and keep the line operating.
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April 15, 2024
Resistance To Patent Licenses Drives More Suits, Execs Say
Companies that generate revenue from patents are seeing less willingness to negotiate in recent years among businesses they approach about potential licenses, requiring more litigation in order to reach agreements, executives from IBM, InterDigital and others said Monday.
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April 15, 2024
SeaWorld's Sesame Park Visitors Can't Get Cert. In Bias Fight
A Pennsylvania federal judge refused Monday to certify a class of Hispanic and Black customers who allege performers at the SeaWorld Parks & Entertainment Inc.-owned theme park Sesame Place discriminated against and ignored minority children, finding that the proposed 130 children class size is based on inadmissible speculation.
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April 15, 2024
McDonald's, Workers Battle Over Future Of No-Poach Case
Workers suing McDonald's over its past use of no-poach provisions in franchise agreements have told an Illinois federal court the fast food chain is trying to slow down the case after the U.S. Supreme Court declined to take up its appeal.
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April 15, 2024
Mich. High Court To Hear Siblings' Ski Share Valuation Fight
A sibling feud between the CEO of a family-run ski resort company and his sister, a minority shareholder, will get a hearing in front of the Michigan Supreme Court after the justices agreed to look at whether the company honored an agreement for redemption of shares in the family company.
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April 15, 2024
Caterpillar Dealer Calls Keep Antitrust Claims Alive Amid Trial
A Delaware federal judge doubled down Monday on his critique of arguments by Caterpillar Inc., which asked to toss antitrust and hub-and-spoke conspiracy claims from an importer that sought to disrupt the machinery industry before it went belly up.
Expert Analysis
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Inside Del. Determinations Of Specific Performance In M&A
Delaware M&A rulings, including several from the end of 2023, shed light on the facts that courts may consider when determining whether a party to a transaction is entitled to specific performance, say attorneys at White & Case and Odeko.
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9 Contractual Issues Tech Startups Should Be Wary Of
Technology startups often overlook relatively simple but crucial contracting steps that are essential to owning and protecting their intellectual property, and the consequences of this will almost always surface at some point, typically in connection with a key investment or other significant transaction involving the business, say attorneys at Mayer Brown.
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NJ Ruling May Widen Plaintiff Opportunities In LLC Disputes
A New Jersey court’s recent decision in Flor v. GreenbergFarrow found that a court may consider a limited liability company member’s wrongful conduct when determining sale and compensation owed to a dissociate member, and may open doors for plaintiffs seeking relief from wrongful conduct, say Lowry Yankwich and Peter LeVan at LeVan Stapleton.
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Will Justices Settle Decades-Old Split On Arbitrator Conflicts?
Whether an arbitrator's failure to disclose a potential conflict of interest is sufficient grounds to vacate an arbitration award is the subject of an almost 60-year-old circuit split that the U.S. Supreme Court is positioned to resolve if it grants cert in either of two writs pending before it, say attorneys at Norton Rose.
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Companies Should Beware Greater Scrutiny Of Subscriptions
The New York Attorney General's Office has been utilizing a severe interpretation of the law in enforcement against subscription services, as demonstrated in last month's Sirius XM complaint and Cerebral settlement — and this focus is representative of heightened subscription scrutiny in other states and at the federal level, say attorneys at Venable.
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5 Trade Secret Developments To Follow In 2024
Recent cases and trends in trade secret law indicate that significant developments are likely this year, and practitioners should be anticipating their impact on the business and legal landscape, say attorneys at Faegre Drinker.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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3 Key Class Action Trends To Use As Guidance In 2024
Telephone Consumer Protection Act, privacy and false advertising class actions saw significant shifts last year — including a trend toward expanding the application of preexisting laws to current technologies — that businesses should keep in mind to navigate the class action landscape in 2024, say attorneys at Mintz.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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Wachtell-X Ruling Highlights Trend On Arbitrability Question
A growing body of case law, including a California state court's recent decision in X Corp. v. Wachtell, holds that incorporation of specific arbitral body rules in an arbitration provision may in and of itself constitute clear and unmistakable evidence of delegation of arbitrability to an arbitrator, and thus such clauses should be drafted carefully, say attorneys at Norton Rose.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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Trends That Tech Lawyers Should Keep An Eye On In 2024
Worldwide technology spending is projected to strengthen in 2024, spurred by artificial intelligence-driven solutions, and five areas of growth may affect lawyers' practice in this sector, says Sonia Baldia at Kilpatrick.