Commercial Contracts

  • July 2, 2013

    NY Judge Shields $250M In Casino Bonds From Tribal Schism

    Bondholders led by trustee Wells Fargo Bank NA won prohibitions from a New York state judge Tuesday that prevent two warring factions of an American Indian tribe from dragging its lucrative California casino — and $250 million in bonds — into their bitter leadership feud.

  • July 2, 2013

    Military Equipment Co. Can't Sue Congo In US Court: 6th Circ.

    The Sixth Circuit ruled Tuesday that a U.S. military equipment maker couldn't sue the Democratic Republic of the Congo in federal court over an unpaid $14 million tab, rejecting the company's expanded interpretation of the Foreign Sovereign Immunities Act.

  • July 2, 2013

    Fired Atty Can't Revive Age Bias Suit Against Sills Cummis

    Sills Cummis & Gross PC on Tuesday won a New Jersey appellate decision rejecting a former attorney's claims that he was the victim of age discrimination and suffered retaliation for accusing the firm of bias.

  • July 2, 2013

    Gas Pipeline Co. Asks FERC To Toss Rate Investigation

    Viking Gas Transmission Co. urged an administrative law judge on Tuesday to stop the Federal Energy Regulatory Commission from investigating whether the natural gas pipeline operator inappropriately distributed some costs among customer rates, saying the commission is ignoring a 2002 settlement that approved the cost allocation.

  • July 1, 2013

    Gas Station Seller Owes $1.5M For Contract Breach: Judge

    A Delaware Chancery judge ruled Monday that the former owner of a gas station chain that allegedly made false statements about its environmental record is off the hook on fraud claims but must pay $1.5 million for breach of contract to the company that bought the business in 2007.

  • July 1, 2013

    KPMG Madoff Suits Belong In Arbitration: NJ Appeals Court

    A New Jersey appellate panel on Monday declined to revisit a professional malpractice suit against KPMG LLC filed by four feeder funds that were drained by the collapse of Bernard Madoff’s Ponzi scheme, ruling the plaintiffs were indirectly bound to an arbitration agreement.

  • July 1, 2013

    11th Circ. Says Patent Claims Aren't Just For Fed. Circ.

    The Eleventh Circuit on Monday said it had the authority to hear a breach of contract dispute that includes a patent infringement claim between two companies fighting over a blood therapy device because the patent issue isn't substantial enough for the Federal Circuit.

  • July 1, 2013

    Enviros Seek To Sink Gulf Drilling Lease Sale

    A coalition of environmental groups on Friday urged a Washington federal judge to nix an oil and gas lease sale the government conducted last year in the same part of the Gulf of Mexico as the Deepwater Horizon spill, saying regulators violated environmental law in approving the sales.

  • July 1, 2013

    Criminal Victim Payouts Exempt From Fee, Says Texas Judge

    In what he called a case of first impression in the state, a Texas state judge on Monday said attorneys cannot collect a contingency fee on criminal restitution payments made to victims they represent.

  • July 1, 2013

    Minn. Appeals Court Affirms Covington's DQ From 3M Case

    A Minnesota appeals court on Monday affirmed an order disqualifying Covington & Burling LLP from representing the state of Minnesota in its environmental suit against 3M Co., saying there was a conflict of interest because Covington previously represented the company.

  • July 1, 2013

    E&Y Tells 2nd Circ. AmEx Backs Enforcement Of Class Waiver

    Ernst & Young LLP told the Second Circuit on Friday that a recent U.S. Supreme Court decision in an antitrust case against American Express Co. mandates that the firm's arbitration agreement barring class actions be enforced in a former employee's wage-and-hour suit.

  • July 1, 2013

    Cozen O'Connor Adds Corporate, Litigation Pros In Miami, LA

    Cozen O’Connor has landed a corporate transactions, private equity and mergers and acquisitions partner from K&L Gates LLP and a commercial litigation and trade secrets partner from Greenberg Traurig LLP to join its Florida and Los Angeles offices, respectively, the firm announced Monday.

  • July 1, 2013

    Apple Offices Raided By French Antitrust Agency

    The French competition authority Autorite de la Concurrence conducted a 24-hour raid at the French offices of Apple Inc. as well as its wholesalers and distributors last week, seizing documents describing the tech giant's relationships with its distributors, it was reported Friday.

  • June 28, 2013

    Ex-Execs Duck Bribery Claims Over Rival's Hospital Buy

    A Texas state judge on Friday trimmed commercial bribery claims from a suit accusing four former Cornerstone HealthGroup Holding Inc. executives of usurping the company’s opportunity to buy another hospital group and instead giving it to private equity firm Nautic Partners LLC.

  • June 28, 2013

    Burkle's Yucaipa Sues Morgans For $10M After Board Battle

    Still salty after a bitter proxy fight, billionaire Ron Burkle’s Yucaipa Cos. sued on Thursday to recover $10 million that Morgans Hotel Group Co. allegedly forfeited when it backed out of a debt swap with the private equity firm.

  • June 28, 2013

    Texas High Court Won't Alter $57.5M Award In Hotel Row

    The Supreme Court of Texas on Friday said it would not hear a Host Hotels & Resorts Inc. subsidiary’s challenge to a $57.5 million judgment that held the company liable for interfering with a deal to sell the Rivercenter Mall and adjoining Marriott hotel in San Antonio.

  • June 28, 2013

    High Court Queried On Conflicting Orders In JPMorgan Row

    Three paper production companies subject to a discovery order as part of a $53 million judgment in a dispute with JPMorgan Chase Bank NA on Wednesday asked the U.S. Supreme Court to determine whether they must produce documents even if doing so would violate an Indonesian court injunction.

  • June 28, 2013

    Integrated Healthcare Loses Arbitration Bid In OT Suit

    A California state appeals court on Thursday affirmed a lower court decision that hospital management company Integrated Healthcare Holdings Inc. did not present its employees with sufficient information regarding its arbitration policy to halt a putative overtime class action.

  • June 28, 2013

    DirectTV TCPA Class Action Shipped To Arbitration

    A California judge Wednesday ruled that a putative class action brought by a consumer claiming he was bombarded with collection calls after he canceled his DirecTV LLC service belongs in arbitration, saying the plaintiff signed at least two arbitration agreements.

  • June 28, 2013

    Oakland, Coliseum Beat U2 Concert Pollution Suit

    A California federal judge on Thursday buried a proposed class action that alleged the city of Oakland, Alameda County and the Oakland Coliseum polluted an estuary and oversold tickets when hosting a 69,000-person U2 concert in 2011, finding that proper government officials had not been properly noticed.