A Delta Airlines Inc. subsidiary on Tuesday urged the U.S. Supreme Court to scuttle a breach of contract lawsuit brought by a jilted frequent flier, saying in oral arguments that airline rewards programs should not be construed as typical bilateral contracts.
A Pennsylvania law firm sued a former attorney Monday in state court, alleging he failed to pay fees stemming from more than 200 claims he initiated while at the firm and kept after striking out to form his own private practice.
The Fourth Circuit on Tuesday refused to compel ex-Cellular Sales workers to arbitrate their putative collective and class action accusing the Verizon Wireless retailer of wage violations, ruling an arbitration provision in their employment contracts didn't cover the claims at issue.
The Fifth Circuit handed employers a major victory Tuesday by rebuffing the National Labor Relations Board's ban on employment class waivers, but attorneys say the issue remains far from resolved and eventually will end up at the U.S. Supreme Court.
Miami's Hialeah Park has filed suit in Florida court against Florida Quarter Horse Racing Association Inc., claiming the nonprofit breached multiyear agreements concerning the handling of $26.4 million of purse money, including a Horsemen's Fund intended to make benevolent distributions to participants.
A Belgian appeals court has overturned a lower court's decision and ruled that nutrition company Herbalife International’s sales model is in full compliance with Belgian law, Herbalife said Tuesday.
Part of The Philadelphia Inquirer’s divided ownership group told the Pennsylvania Superior Court on Tuesday that there was no need to rush an appeal of a November decision reinstating Pulitzer Prize-winning Editor-in-Chief Bill Marimow after a trial judge found he was fired in violation of a company governance agreement.
The Pennsylvania Superior Court ruled Monday that final sales agreements between buyers and car dealers trumped any previous agreements between the parties under state motor vehicle finance laws, reversing a decision sending a dispute between a woman and her dealership to arbitration.
A Pennsylvania state judge on Monday postponed a trial set to begin Wednesday over who will bear the costs of a proposed $39 million upgrade for the home of the Pittsburgh Steelers, giving the parties more time to negotiate.
The U.S. Supreme Court on Tuesday unanimously reversed a Fifth Circuit decision on the enforceability of a choice of forum clause in a subcontract for federal construction work, ruling that federal courts should only disregard such clauses in extraordinary circumstances.
The Fifth Circuit on Tuesday rejected the National Labor Relations Board's ruling that arbitration agreements barring employees from pursuing class or collective claims violate federal labor law, siding with homebuilder D.R. Horton Inc.
A California federal judge denied most of MediaNet Digital Inc.’s motion to dismiss Grammy-nominated singer-songwriter Aimee Mann's copyright infringement suit, holding Wednesday that the at-issue license agreement doesn’t apply to songs that were not “first made available” during its term.
A Ninth Circuit panel forced arbitration of customers’ claims that DirecTV Inc. did not properly disclose its early cancellation fees, ruling Monday that the U.S. Supreme Court's Concepcion decision prevented plaintiffs from blocking DirecTV’s arbitration policy.
Miami-based broker-dealer Atlas One Financial Group LLC last week sued its former executive director for allegedly jumping ship to competitor ED&F Man Capital Markets Inc. and luring away another Atlas One employee in violation of their employment agreements.
A Florida federal judge on Monday dismissed a Michigan power line company's suit claiming that OnPower Inc. has failed to pay millions of dollars due under a contract to help restore power lines after Hurricanes Isaac and Sandy in 2012.
A company that planned to open an Italian restaurant along Miami Beach's famed Lincoln Road pedestrian mall sued the owner of the expected venue in Florida state court last Tuesday seeking more than $6 million for breach of contract and related claims.
Florida Power & Light Co. on Monday asked an appeals court to affirm summary judgment in its favor against a contractor hired to do underground line construction work, arguing that it was within its contractual rights to terminate the contractor for unsafe site conditions.
A creditor of a New Jersey lawmaker accused of stealing $1.9 million in loans and writing more than $3.4 million in bad checks has asked a bankruptcy court to prevent the discharge of a $3.7 million civil judgment against the politician.
The Pennsylvania Superior Court ruled Wednesday that lessors of oil and gas rights to drillers cannot be forced to divide their statutorily defined royalty payments under the state's Guaranty Minimum Royalty Act to pay some of the money back to the lessee.
The Information Technology Industry Council asked a D.C. court on Wednesday to throw out a lawsuit accusing it of poaching Technology Association of America Inc.'s procurement experts and using TechAmerica's proprietary information to build a competing government contracts team, saying the employees who left never signed a noncompete agreement.
Despite the benefits of publishing and consistently enforcing progressive discipline policies, individuals and business owners alike can think of examples where employers have not published or adhered to their own protocols, says R. Scott Oswald of The Employment Law Group PC.
Until quite recently, China’s foreign exchange controls meant significant delays and red tape for anyone trying to remit or receive payment overseas for services rendered to a business in China — including to a subsidiary or affiliate. New regulations have made most of these difficulties a thing of the past for payments under $50,000, say Richard Grams and Allan Goldner at Benesch Friedlander Coplan & Aranoff LLP.
The Second Circuit decision in the American Airlines bankruptcy and the decision by the U.S. Bankruptcy Court for the District of Delaware regarding School Specialty Inc. show that courts will uphold make-whole provisions in loan documents that are valid under state law — but they will rely heavily on the plain meaning of contract language when weighing enforceability, say John Ventola and Sean Monahan of Choate Hall & Stewart LLP.
While the questions in Bakoss v. Certain Underwriters at Lloyd’s of London were plainly important and the circuit splits were clear, the issues may well have been too vexing for the U.S. Supreme Court’s conservatives to support taking the case. It is, however, simply a matter of time before these issues will demand the court’s resolution once again, says Robert Loeb of Orrick Herrington & Sutcliffe LLP.
Companies may find it beneficial to include forum selection clauses in foreign contracts as they provide a sense of security about where any potential litigation may take place. However, a party may find that the legal or political environment of the designated forum is markedly different at the time of litigation, and U.S. courts have thus far allowed avoidance of the application of such clauses only for drastic and unexpected changes, say Aaron Gruber and Caroline Mitchell of Jones Day.
It is extremely unwise for in-house or outside counsel to sign a proof of claim form. Other courts may very well choose to follow the ruling by the U.S. Bankruptcy Court for the Southern District of Texas in In re Rodriguez, and the consequences of a waiver of the attorney-client and work product privileges can be devastating, says Howard Steinberg of Greenberg Traurig LLP.
New Hampshire's new auto dealer protection law — which, among other things, deprives manufacturers of their rights under the Lanham Act — could become a model for the nation. What is surprising is that manufacturers have not yet asserted their federal trademark rights to protect against this interference by the state, says Michael Lockerby of Foley & Lardner LLP.
Relying on advances in technology that increase efficiency allowed firms during the past few years to reduce the ratio of lawyers to legal assistants from as low as 1-1 to as much as a 4-1. Now is not the time to stress about negative publicity that often results from staff layoffs. Your attention to your bottom line easily translates into an appropriate concern for your clients’ bottom lines, says Allan Colman of The Closers Group.
When is it safe to rely on the research of a junior associate? You may have seen this coming, but it is almost never entirely safe. The law is simply too riddled with dangerous twists and turns that are hard to spot. And these are not traps that can be avoided with common sense. Indeed, attorneys who follow what is normally considered the sensible path of trusting in their judgment of what is reasonable are apt to be betrayed by the law, says Andrew Jarzyna of Ulmer & Berne LLP.
Pennsylvania Attorney General Kathleen Kane's willingness to criminally prosecute under strict criminal liability provisions of the Solid Waste Management Act may make things interesting for the commonwealth's oil and gas operators, who must now establish more rigorous protocols for handling spills, leaks and accidents, say David Raphael and Tad Macfarlan of K&L Gates LLP.