Commercial Contracts

  • March 10, 2014

    Safeway Shopper Wins Class Cert. For Contract Breach Claim

    A California federal judge on Monday granted partial class certification in a suit accusing Safeway Inc. of overcharging customers for groceries purchased online, finding that the class met commonality and predominance requirements for the purposes of the plaintiff's breach of contract claim.

  • March 10, 2014

    NJ Condo Developers Can't Flip $4.8M Blocked-View Ruling

    A New Jersey appellate panel on Monday upheld a $4.8 million award to a group of Jersey City, N.J., condominium owners who were sold on panoramic views that were later obstructed by a new building the developers failed to disclose to the buyers.

  • March 10, 2014

    Barnes & Thornburg Faces $2.2M Malpractice Suit By Doctors

    Barnes & Thornburg LLP was hit with a $2.2 million legal malpractice suit in Illinois court on Thursday by a group of former medical group employees and shareholders who say the firm gave “admittedly erroneous” advice related to whether the doctors were bound by noncompete provisions.

  • March 10, 2014

    Female Powerbrokers Q&A: Nossaman's Yuliya Oryol

    I will never forget stories I heard of what it was like to be a woman attending law school in the early 1960s, which included being called up to the front of the class to answer the professor’s questions on designated "Ladies’ Days," says Yuliya Oryol, chairwoman of Nossaman LLP's puplic pensions and investments practice group and administrative partner for the firm's San Francisco office.

  • March 10, 2014

    Female Powerbrokers Q&A: Manatt's Linda Goldstein

    The path to success for women is the same as it is for men — building relationships, delivering an excellent work product and earning the trust of your clients by serving as both a legal and strategic business adviser. I must confess, however, that I also had to learn to drink scotch and play golf, says Linda Goldstein, chairwoman of Manatt Phelps & Phillips LLP's advertising, marketing and media division.

  • March 10, 2014

    Accenture Urges High Court To Nix $44.4M Welligox Verdict

    Accenture LLP has asked the U.S. Supreme Court to review a Fifth Circuit decision upholding a $44.4 million verdict against the consulting company for allegedly stealing software maker Wellogix Inc.'s trade secrets, saying the case relied on flawed testimony.

  • March 7, 2014

    Building Owner In NYC Crane Collapse Faces $27M Suit

    An electrical contractor that was working on the One57 apartment tower in Midtown Manhattan during its highly publicized tower crane collapse leveled a $27 million suit against the building’s owner on Friday, accusing the Extell Development Co. unit of delaying its work and forcing it to incur extra costs.

  • March 7, 2014

    Seller's Broker Not Liable In RE Deal Snarled By Quake Regs

    A California appeals court affirmed a lower court’s judgment that a seller’s broker wasn’t liable for an allegedly false statement, about an earthquake study, that was made in connection with a real estate transaction gone awry, ruling Friday that the seller’s broker doesn’t owe a fiduciary duty to nonclients.

  • March 7, 2014

    Partner Wins Default Judgment In $5M Gersten Savage Suit

    A New York state judge has granted a former Gersten Savage LLP partner's motion for default judgment against the defunct law firm in a $5 million suit accusing the firm's founder of misusing firm funds and denying partners their promised compensation, according to court documents filed Friday.

  • March 7, 2014

    RE Investor Tries Again To Revive $1.4M Davis Cedillo Suit

    A Texas appeals court was asked Thursday to reconsider its decision that a foreign real estate investor lacking state business registrations cannot pursue litigation against Davis Cedillo & Mendoza Inc. for allegedly facilitating a secret $1.4 million loan the investor’s ex-partner secured against joint venture assets.

  • March 7, 2014

    5th Circ.'s BP Ruling Holds Cos. To Tainted Settlements

    By ruling that BP PLC must continue dispensing payments from its $9.2 billion Deepwater Horizon deal to businesses that may not have been harmed by the spill, the Fifth Circuit sent a warning to companies negotiating large-scale settlement agreements: If you sign it, you're stuck with it.

  • March 7, 2014

    Apple Deals Boosted E-Books Competition, 2nd Circ. Told

    A pair of economists told the Second Circuit on Tuesday that the district court overseeing the U.S. Department of Justice's e-books price-fixing case against Apple Inc. ignored key economic evidence in a decision that threatened to thwart the use of common, pro-competitive contract clauses.

  • March 7, 2014

    Female Powerbrokers Q&A: Greenberg Traurig's Mitchell

    Several people have told me that they had a lot of trepidation when they found out they would be working for a woman. To be effective, you need to be able to eliminate or address the conscious or unconscious bias colleagues may have about having a female boss, says Nancy Mitchell, chairwoman of Greenberg Traurig LLP's New York business reorganization and financial restructuring practice.

  • March 7, 2014

    Female Powerbrokers Q&A: Edwards Wildman's Brown

    A male in-house counsel once told me I had not been "nice" to him when I approached him about a business opportunity and would therefore not get the business. To add insult to injury, one of my male partners told me I should be flattered by the interest paid to me by the in-house counsel, says Paulette Brown, chief diversity officer at Edwards Wildman Palmer LLP.

  • March 7, 2014

    Alleged Facebook Scammer Can't Quash Fraud Indictment

    A New York federal judge on Friday refused to dismiss an indictment against Paul Ceglia, who is charged with falsely alleging that Facebook founder Mark Zuckerberg contractually owes him a 50 percent stake in the social media giant.

  • March 7, 2014

    Garmin Sports Watches Fall Apart During Use, Suit Says

    Garmin Ltd. was hit with a proposed class action in Utah federal court Thursday alleging that a model of its sports watches is defective and comes apart during use, forcing customers to pay to replace the wristband.

  • March 6, 2014

    9th Circ. Rules Minority Owner Must Sell Stake In Casino Co.

    The Ninth Circuit on Thursday affirmed a lower court judge's ruling that a minority owner of Silver Slipper Casino Venture LLC is contractually bound to sell its stake in the company following a dispute over the sale of a Mississippi casino, ruling that the judge did not err in refusing to grant the minority owner leave to conduct discovery.

  • March 6, 2014

    4th Circ. Sides With Verizon In Interconnection Row

    The Fourth Circuit on Thursday sided with Verizon Maryland Inc. in a long-running interconnection dispute with Core Communications Inc., affirming a lower court’s ruling in favor of Verizon with respect to two tort claims pursued by Core under Maryland law.

  • March 6, 2014

    NY Giants Want Dealer's Fake Gear Suit In Federal Court

    The New York Giants want a sports memorabilia dealer's lawsuit accusing the team of covering up the distribution of fraudulent memorabilia moved from New Jersey state court to federal court, based on allegations that the organization ripped off the dealer's patent ideas.

  • March 6, 2014

    Enforcement Made Arbitration Pact Illegal, NLRB Judge Says

    Home loan company Network Capital Funding Corp.'s efforts to force a former worker to arbitrate would-be class claims on an individual basis rendered an arbitration agreement unlawful even though the pact had no explicit class waiver, a National Labor Relations Board judge said Wednesday.