Commercial Contracts

  • April 5, 2012

    Former Clients Accuse Andrews Kurth Of Legal Malpractice

    A group of Andrews Kurth LLP clients accused their former attorneys last week in Texas of costing them millions of dollars by negligently drafting contracts later voided by a jury when representing them in their attempted acquisition of a home health services company.

  • April 5, 2012

    Delta Lost Baggage Suit Grounded By Federal Law

    A Florida woman’s proposed class action against Delta Air Lines Inc. over lost baggage costs was tossed by a federal judge on Thursday, who said her consumer protection claims are preempted by the federal Airline Deregulation Act.

  • April 5, 2012

    CB&I Avoids CERCLA Claims In Pollution Suit

    A Pennsylvania federal judge dismissed environmental cleanup claims against Chicago Bridge & Iron Co. on Wednesday, ruling that a court order forcing railcar and barge maker Trinity Industries Inc. to pay cleanup expenses doesn't give it legal standing to sue CB&I for cost recovery.

  • April 4, 2012

    Ruth Madoff’s Attys Can't Claim Legal Fees, Judge Says

    A New York federal judge on Tuesday denied a request from Ruth Madoff’s attorneys for nearly $24,800 in legal fees for a contract dispute unrelated to her husband Bernard L. Madoff’s case, stating that the amount was part of $170 billion the imprisoned fraudster had to forfeit.

  • April 4, 2012

    Exxon Ducks Claims Over Toxins From LA Facility Leak

    A California judge Wednesday threw out claims that Exxon Mobil Corp. and others committed negligence, trespass and other violations stemming from oil contamination near a government-subsidized apartment complex, saying the plaintiffs can replead some of their claims while others are permanently time-barred.

  • April 4, 2012

    Aerospace Co.'s Damages In Trade Secrets Row Slashed To $5M

    In a bittersweet victory for ICE Corp., a Kansas federal judge slashed from $9.6 million to $5 million a punitive damages award in a suit alleging two companies misappropriated the aerospace electronics company's trade secrets after an agreement to make an airplane de-icing system fell apart.

  • April 4, 2012

    Ex-Merrill Brokers Win $10M In Compensation Row

    A Financial Industry Regulatory Authority arbitration panel on Tuesday told Merrill Lynch to pay $10.3 million to two brokers who alleged that the company failed to make good on contractual deferred compensation obligations after they resigned.

  • April 4, 2012

    TD Bank Customers Score Class Cert. In Overdraft Fee Case

    A Florida federal judge granted class certification Tuesday to TD Bank NA customers alleging the bank manipulated the order of debit card transactions to maximize overdraft fees, in violation of its contracts and state consumer protection laws.

  • April 4, 2012

    Judge May Consolidate 'Chipmunks' Capitol Licensing Suits

    A California judge Wednesday tentatively agreed to consolidate two lawsuits claiming Capitol Records LLC breached music licensing agreements and underpaid the production company behind "Alvin and the Chipmunks," a move that could delay trial in one of the cases four years after it was brought.

  • April 4, 2012

    Crowell & Moring Hit With $35M Suit Over Condo Sale

    Manhattan landlord Regal Real Estate LLC on Wednesday filed a $35 million malpractice suit against Crowell & Moring LLP, the firm hired to handle the sale of a condominium on East 16th Street, claiming a C&M attorney's mistakes and escrow thefts cost it at least $15 million and two unnecessary lawsuits.

  • April 4, 2012

    EMI Sues Grooveshark Owner Over Copyright Licensing Deal

    EMI Music Inc. on Monday filed suit in New York state court alleging the parent of online music streaming service Grooveshark failed to meet the terms of a promissory note that kicked in after the two resolved an earlier copyright row.

  • April 4, 2012

    Patriarch Partners Fails To Lift Ruling In MBIA CDO Suit

    A New York federal judge on Tuesday refused to reconsider a ruling that largely left intact MBIA Insurance Corp.'s lawsuit accusing an affiliate of private equity firm Patriarch Partners LLC of breaching its contract to help protect troubled collateralized debt obligations MBIA insured.

  • April 4, 2012

    Toyobo Pays $6M To Settle Body Armor Defect Suit

    A federal judge on Wednesday dismissed fraud claims against Toyobo Co. Ltd. after it paid $6 million to settle a suit filed by First Choice Armor & Equipment Inc., which alleged Toyobo fraudulently sold defective fibers used to make bulletproof vests.

  • April 4, 2012

    BofA Boots Some Claims From Credit Plan Marketing MDL

    A California federal judge on Tuesday halved the contract claims brought by multidistrict litigation plaintiffs alleging Bank of America Corp. charged consumers for a credit protection plan they never consented to join, ruling an agreement did not preclude the fees.

  • April 4, 2012

    Developer M&M Hits Back In Contract Row Over NY Mall

    M&M Realty Partners LLC, the would-be developer of a 128-acre New York shopping mall, countersued the property owner in federal court Tuesday, claiming Wilder Balter Partners Inc. negotiated with M&M to develop the mall and then improperly terminated their agreement.

  • April 3, 2012

    'Glory' Director Takes Stand In 'Last Samurai' Suit

    “Glory” director Edward Zwick took the stand Tuesday in a trial alleging he stole the idea for “The Last Samurai” from two screenwriting brothers, telling jurors the project actually started with an unrelated script about a civil war veteran’s cattle drive in feudal Japan.

  • April 3, 2012

    DirecTV Sues Tribune Over Scuttled Broadcast Agreement

    DirecTV LLC on Monday asked the Federal Communications Commission to sanction the bankrupt Tribune Co. for allegedly reneging on a broadcast carriage agreement that left more than 5 million of the satellite television company's customers without access to Tribune local stations.

  • April 3, 2012

    Singer Co. Ex-Head Faces Suit Over Mansion Mortgage

    A lawsuit filed Monday accuses disgraced former Singer Co. chief Paul A. Bilzerian of wrongfully persuading an Australian energy firm to give a holding company affiliated with his family $750,000 at the same time he took out an identically sized mortgage on a 30,000-square-foot mansion.

  • April 3, 2012

    Vector Claims New Evidence In Fight Over $307M Citi Sale

    Vector Capital Corp. told a New York federal judge Tuesday that it has new evidence to reopen a suit tossed last month alleging negotiations for a tech company's $307 million sale to a Citigroup Inc. unit breached an exclusivity contract with the private equity firm.

  • April 3, 2012

    FERC OKs Kinder Morgan’s Rate Hike Deal With Airlines

    The Federal Energy Regulatory Commission on Tuesday approved a settlement between pipeline giant Kinder Morgan and a group of airlines over rate hikes for use of the CalNev pipeline, which runs from Colton, Calif., to Las Vegas.