Commercial Contracts

  • May 21, 2015

    Amerigroup Wins End To 'Toxic' Ties With NJ Care Provider

    Amerigroup New Jersey Inc. can terminate its contract with a home health care company whose workers were accused of a Medicaid scam, a New Jersey judge ruled Monday, saying the insurer fulfilled its notice requirements and that letting Confident Care Corp. keep the contract would facilitate a “clearly toxic, broken relationship.”

  • May 21, 2015

    Astor Weiss, Atty Sued Over ‘Bungled’ $18M Telco Case

    Communications Network International Ltd. has slammed its former attorney with a malpractice suit for a “quixotic charade” across 13 years of hopeless, error-ridden litigation against defunct MCI WorldCom Communications Inc., according to a complaint filed in Pennsylvania state court.

  • May 21, 2015

    Cayman Law Will Apply To Suit Over Offshore Refco Funds

    A New Jersey federal judge ruled Wednesday that Cayman Islands law applies to a lawsuit accusing a former Sphinx hedge fund director of improperly depositing $312 million into offshore Refco Inc. accounts days before the brokerage firm's high-profile bankruptcy, ruling that the case was contractually bound to the islands.

  • May 21, 2015

    United Airlines Beats Class Action Over Low Fare Promise

    A Texas federal judge on Thursday tossed a putative class action accusing United Airlines Inc. of violating terms of its online “low fare guarantee” for passengers buying multiple tickets at the same time, ruling that the plaintiff never even tried to call the company to make a claim.

  • May 21, 2015

    Wells Fargo Says $30M Foreclosure Suit Jumps The Gun

    Wells Fargo & Co. asked a Georgia federal judge Wednesday to dismiss a $30 million lawsuit alleging it has reneged on a mortgage forbearance agreement, arguing all damages were speculative and that bankruptcy proceedings would have prevented it from foreclosing regardless.

  • May 21, 2015

    NY Court Denies Atty Quick Win In Liberty Coverage Fight

    A New York appeals court affirmed Thursday that an attorney tried too soon to win summary judgment in his lawsuit against Liberty Insurance Underwriters Inc. over coverage for defending legal malpractice counterclaims in an underlying contract dispute, saying further discovery is needed to determine whether policy exclusions apply.

  • May 21, 2015

    DuPont Again Dodges Secrets Suit Over Recyclable Banners

    The Second Circuit on Thursday refused to revive an unfair competition suit alleging DuPont Co. stole Big Vision Private Ltd.’s trade secret for recyclable banner materials, finding a lack of evidence showing DuPont misused the digital printing company’s confidential information.

  • May 21, 2015

    AT&T Accused Of Shirking $216M In Access Charges

    Six local phone companies slapped AT&T Corp. with a lawsuit in Pennsylvania federal court Tuesday accusing the telecommunications giant of not paying them $216 million in fees for connecting its long distance calls to local customers.

  • May 21, 2015

    Pop Star Kesha May Target Sony In Rape, Abuse Suit

    Pop star Kesha told a California judge on Thursday her suit alleging record producer Lukasz Sebastian “Dr. Luke” Gottwald drugged and raped her to pressure her into unfair contracts should stay in Los Angeles, saying the singer may soon add Sony Corp. to the list of defendants.

  • May 21, 2015

    Kentucky Downs Looks For Quick Finish In Trade Secret Suit

    Kentucky Downs racetrack asked a federal judge Wednesday to dismiss a lawsuit brought by a betting machine company accusing the venue of stealing trade secrets to make its own machines, saying the two systems are different and that it developed its machines independently.

  • May 21, 2015

    NYC Construction Co. To Pay $7M For Overbilling Scheme

    Hunter Roberts Construction Group LLC agreed on Wednesday to pay more than $7 million in restitution and penalties to the federal government and private victims to avoid prosecution for an eight-year fraudulent overbilling scheme to inflate cement union workers’ hours. 

  • May 21, 2015

    Pa. Justices Turn Down Appeal Over Privilege For Defunct Cos

    The Pennsylvania Supreme Court on Wednesday declined to hear an appeal of a decision finding that attorney-client privilege could not be used to shield the former in-house counsel of a defunct real estate firm from turning over documents in an ongoing contract dispute over unpaid invoices.

  • May 21, 2015

    Exxon, WorleyParsons Agree To $78M Oil Rig Settlement

    A Russian affiliate of Exxon Mobil Corp. and a contractor will settle a dispute over allegedly botched designs for an offshore drilling platform for $78 million after a New York federal judge forced the parties into arbitration last year.

  • May 21, 2015

    Bosch Says Parts Cutoff Will Be 'Catastophic' For GM

    JST Mfg. Co. Ltd. suddenly stopped providing Robert Bosch LLC with a connector used in nearly 50 percent of vehicles produced by General Motors Co., and supplies of the part are now quickly dwindling, according to a contract breach suit removed to Michigan federal court Wednesday.

  • May 21, 2015

    Black Card Wants Holland & Hart DQ'd In $600M Visa Row

    Black Card LLC on Wednesday urged a Wyoming federal judge to disqualify Holland & Hart LLP from representing Visa USA Inc. in a more than $600 million contract row accusing the credit card giant of not protecting the trade secrets of its co-branded “Visa Black Card,” saying the firm previously represented the company.

  • May 21, 2015

    NFL Renews Bid For Costs In Super Bowl Ticket Fight

    The National Football League on Wednesday again urged a Texas federal court to require that three fans compensate the league for court costs after it lost a suit brought by fans alleging they were displaced from their seats or had obstructed views at Super Bowl XLV, claiming they rejected a better pre-trial settlement offer.

  • May 20, 2015

    First American Hit With $4.5M Ruling For Bahamas Title Error

    A Florida state jury on Tuesday returned a verdict awarding $4.45 million to a hotel developer in the Bahamas for damages it suffered as a result of First American Title Insurance Co.'s failure to catch title defects that crippled part of its plans.

  • May 20, 2015

    Gov't Says DC Circ. Must Deny Expenses In Indian Trust Row

    The federal government has urged the D.C. Circuit to reject the plaintiffs' bid for $8.2 million in expenses following a massive lawsuit and settlement over mismanaged Native American trust funds, arguing the time to appeal any aspect of the judgment has passed.

  • May 20, 2015

    Spanish Broadcasting Investors' Share Repurchase Suit Pared

    A Delaware Chancery Court judge on Tuesday kept alive a breach of contract claim by a group of preferred stockholders of Spanish Broadcasting System Inc. but turned aside other claims over their share repurchase rights after having dismissed identical accusations in a prior suit by Lehman Brothers Holdings Inc.

  • May 20, 2015

    4th Circ. Urged To Rehear $25M Army Subcontract Dispute

    A defunct Native American translation company urged the Fourth Circuit on Tuesday to rehear its $25 million subcontract dispute with a U.S. Army contractor, saying the appeals court wrongly ignored several important facts and legal issues regarding the disputed deal.

Expert Analysis

  • Congress Could Be Coming For Dietary Supplements Soon

    Douglas F. Gansler

    The next chapter in the saga of New York State Attorney General Eric T. Schneiderman and company's investigation into the dietary supplements industry may take place on Capitol Hill given their recent letter to Congress requesting an investigation of the industry as well as stronger oversight from the U.S. Food and Drug Administration, say attorneys at BuckleySandler LLP, including the former attorney general of Maryland.

  • Physician Anti-Solicitation Clauses: A Case Study

    Joseph M. Gorrell

    Public interest demands that when physicians leave a medical practice and are subject to an anti-solicitation clause patients remain informed of their physician’s new location and contact information. Irrespective of the financial interest of the physicians involved, the patient’s right to be cared for by the physician of his or her choice and continuity of care demand nothing less, says Joseph Gorrell of Brach Eichler LLC.

  • Attorneys Play Vital Role In Structured Settlement Annuities

    Joseph Barnet

    An overall lack of understanding continues to restrict growth in the structured settlement arena. With expanded awareness among attorneys, judges, mediators and legislators, more physical injury and wrongful death claimants might experience the many benefits structured settlements have to offer, says Joseph Barnet, vice president and head of Prudential Structured Settlements.

  • Using Constructive Eviction To End Fla. Commercial Leases

    Oscar Rivera

    A recent ruling in the Fourth District Court of Appeal of the State of Florida serves as a telling reminder for commercial real estate tenants of the standards that must be met in order to justify their early termination of commercial leases based on the theory of constructive eviction, says Oscar Rivera of Siegfried Rivera Hyman Lerner De La Torre Mars & Sobel PA.

  • Understanding Reasonable Certainty In Int'l Arbitration

    Neil Steinkamp

    While reasonable certainty may not be precisely defined in federal or state courts, there is the possibility of even greater ambiguity when considered in the context of international arbitration, say Neil Steinkamp, Elizabeth Shampnoi and Robert Levine of Stout Risius Ross Inc.

  • OPINION: Pro Bono Lawyers Can Close Debtors' Prisons

    Lisa W. Borden

    The damning U.S. Department of Justice report on municipal court practices in Ferguson, Missouri, recently put a spotlight on the re-emergence of debtors' prisons. These practices are by no means limited to Ferguson. As tax revenue and other sources of operating income have declined, many cities and towns throughout the country have looked to municipal court operations as a primary source of revenue, says Lisa Borden of the Associa... (continued)

  • Wipe Away Those Fears, The 7th Circ. Is Here

    Eric E. Hobbs

    The case of the allegedly misclassified window washers before the Seventh Circuit in Alvarado v. Corporate Cleaning Service Inc. fleshed out an often-ignored exception to an employer’s obligation to pay overtime that could apply to some retailers or service establishments, says Eric Hobbs of Michael Best & Friedrich LLP.

  • Why El Paso Will Have Very Limited Applicability

    Philip Richter

    Notwithstanding commentary suggesting otherwise, in our view, the recent Delaware Chancery Court decision in a derivative suit related to an El Paso Pipeline Partners LP “drop-down” transaction does not indicate that the court will be more likely than in the past to find liability of master limited partnership general partners or their bankers, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Consider 5 Things Before Choosing An E-Discovery Provider

    Barry O’Melia

    There has been a rapid and robust growth in the number of companies offering electronically stored information collection, management and processing services. But a recent survey indicated that not all service providers offer the level of expertise needed in today’s world of big data, the cloud and mobile devices, says Barry O’Melia, chief operations officer at Digital WarRoom.

  • This Week In Congress: Infrastructure, Privacy And Trade

    Richard A. Hertling

    This week, the heavy lifting on the Trade Promotion Authority bill is on the Senate's agenda. Majority Leader Mitch McConnell has promised an open amendment process, and amendments are already pending. The legislation reflects bipartisan compromise of the kind that was in short supply in recent years in the Senate. But challenges for the bill remain in the House, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.