Commercial Contracts

  • February 16, 2018

    Tampa Bay Rays Call Foul On Concessionaire's Dismissal Bid

    Major League Baseball's Tampa Bay Rays urged a Florida federal court Friday to deny concessionaire Centerplate's bid to escape the ball club's breach of contract suit over an expiring 20-year pact, saying it has provided no basis and relies on “unfounded accusations.”

  • February 16, 2018

    Boston Grocers Seek Conditional Cert. In Antitrust MDL

    Two Village Market companies have asked a Minnesota federal court to conditionally certify a class of 51 grocers in the Boston area in antitrust multidistrict litigation claiming that Supervalu and C&S Wholesale Grocers Inc. agreed not to compete with each other for customers in certain states.

  • February 16, 2018

    Insurer Says Utah Bank, Finance Co. Can't Duck Award

    Allied World Assurance urged federal courts in Utah and New York on Thursday to confirm an international arbitration award against the Bank of Utah and a finance company valued at $424,392 and argued that the separate cases should not be consolidated.

  • February 16, 2018

    No Money, No Merchandise, Solar Panel Co. Tells Court

    A solar panel manufacturer urged a California federal court Thursday to stop a customer from acquiring some $1.6 million worth of modules, arguing that the company created a supply contract row in the first place by disrupting its cash flow.

  • February 16, 2018

    Topgolf tells 5th Circ. Rival Can’t Pursue Future Claims

    Topgolf International Inc., which operates more than two dozen combined driving ranges and restaurants, asked the Fifth Circuit to affirm a district court's ruling in an antitrust suit alleging it acquired a software provider used by a competitor and may not renew the services contract when it expires, telling the court the claims cannot be brought because they are speculative.

  • February 16, 2018

    Tribal Casino Operator Seeks OK Of $3.7M Arbitral Award

    The tribal operator of Harrah’s Cherokee Casino and Hotel has asked a North Carolina federal court to confirm a $3.7 million arbitration award against a concrete subcontractor for the collapse of a portion of a parking garage that caused a personal injury and a shutdown of the garage, saying the award has been paid in full.

  • February 16, 2018

    Rams Owner Avoids Deposition In Suit Over Move To LA

    A Missouri federal judge has refused to let a group of personal seat license holders depose Los Angeles Rams owner Stan Kroenke in their suit over the NFL team's move to Los Angeles after finding they haven't shown a need for his testimony.

  • February 16, 2018

    Travelers Let Off The Hook In Lease Row Over Roof Damage

    A Colorado judge let Travelers off the hook Friday from having to defend a college from a landlord’s claim that it failed to repair roof damage, saying the dispute was a breach of contract claim not covered by the policy.

  • February 16, 2018

    Md. Court Raises Red Flag On Midcase Ethics Complaints

    A Maryland appeals court issued a warning Thursday about conduct complaints being filed midlitigation by an opposing counsel but nonetheless imposed a 30-day suspension on a lawyer whose disciplinary proceeding began during a business dispute.

  • February 16, 2018

    Texas Oil Co. Can't Duck $14M Award, Transocean Unit Says

    A Nigerian offshore drilling unit of Transocean told a Texas federal judge that an oil exploration company can't slip its bid to confirm a $14 million arbitration award issued over unpaid work, arguing that there are no loopholes in the binding arbitration to which the parties agreed. 

  • February 16, 2018

    Judge Iffy On Spiking Bank’s $45M Fraud Suit Against Tilton

    A New York state judge expressed uncertainty at a hearing on Friday about whether she could consider a new motion to dismiss a German lender’s $45 million fraud suit against Lynn Tilton and her companies over its investments in two of her funds.

  • February 16, 2018

    Actress Deschanel's Countersuit Axed As Case Nears Trial

    A California judge granted Seven Summits a quick win Thursday in a countersuit brought by actress Zooey Deschanel against the entertainment management company as a contract dispute over commissions heads to a March trial, finding that it didn’t cause the “New Girl” star to switch talent agencies.

  • February 16, 2018

    Car Dealer Too Late To Seek Reconsideration In Fraud Suit

    A New Jersey car dealership was too late in seeking another look at its failed bid to force arbitration of claims that it made a customer return a used vehicle and buy a new one, a state appeals court said Friday in a published opinion affirming a trial court ruling denying the company’s reconsideration motion.

  • February 16, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen Chubb bring an action against U.S. forestry giant Weyerhaeuser, Russia's Kapital Insurance lodge a claim against more than a dozen insurers and reinsurers, and the Financial Services Compensation Scheme sue Heritage Corporate Trustees for breach of fiduciary duty. Here, Law360 looks at those and other new claims in the U.K.

  • February 15, 2018

    Orthodontist Backs Off On Extension Challenge In Award Row

    An orthodontist who resides in France Thursday withdrew his opposition to an orthodontic supply manufacturer’s request for more time to answer a petition to confirm a multimillion-euro arbitration award, telling a Wisconsin federal court he reconsidered after discussions with opposing counsel.

  • February 15, 2018

    Door-Maker Wins $59M In Antitrust Suit Against Parts Supplier

    A Virginia federal jury on Thursday awarded a Texas door manufacturer $58.6 million in its antitrust suit against a supplier of molded door skins, a crucial door component, finding the supplier violated antitrust law by acquiring a competing supplier and overcharging the door-maker for components.

  • February 15, 2018

    John Cena Says Ford's Contract Didn't Include GT Resale Ban

    John Cena has told a Michigan federal judge that Ford Motor Co. “can’t see him” in federal court on claims he reneged on a promise not to resell a custom-made GT sports car, saying his contract contained no such agreement.

  • February 15, 2018

    DynCorp Still Hasn't Returned $5.1M Aircraft, Suit Says

    DynCorp International LLC removed to Florida federal court Thursday a lawsuit accusing the government contractor of owing more than $5 million under a lease for a turboprop airplane.

  • February 15, 2018

    Pa. Auto Leasing Co. Defaulted On $10.7M Loan, Bank Says

    KeyBank NA sued a car rental company in Pennsylvania federal court on Wednesday, accusing Fleetway Leasing Co. and an affiliate of defaulting on $10.7 million in loans and fraudulently inflating their performance numbers.

  • February 15, 2018

    Uber Drivers Win Class Cert. In Fair-Share Pay Suit

    A California federal judge on Wednesday certified a nationwide class of Uber drivers alleging the company’s upfront pricing model denies them their fair share of riders’ payments, a week after he described the suit as a “classic case of a class action” based on a form contract.

Expert Analysis

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • 4 Ways Blockchain Will Transform The Insurance Industry

    Daniel Marvin

    Blockchain holds huge potential for the insurance industry, enabling the use of smart contracts as well as new methods of fighting insurance fraud and keeping records. It may be some time before the technology is widely adopted, but insurers should consider getting ahead of the curve now, says Daniel Marvin of Morrison Mahoney LLP.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Meditate On The Clause

    Ambassador David Huebner

    I have often suggested at arbitration conferences that the writing of any more articles on how to draft an arbitration clause should be outlawed. Yet, as an arbitrator, I continue to encounter cases in which inartfully drafted dispute resolution clauses cause confusion. At the risk of contributing to the scourge of online clutter, I will share a few brief thoughts on clause misfires, says David Huebner, a JAMS panelist and former U... (continued)

  • Tips For Drafting Contractual Nonreliance Clauses

    Amy Park

    Contractual nonreliance provisions, sometimes called “big boy” letters, have received their fair share of attention, but little attention has been paid to the effect forum selection and choice-of-law issues have on such provisions. The choice of where to litigate and which law will govern can significantly impact, if not conclusively determine, the outcome of a dispute, say Amy Park and Niels Melius of Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • ‘Home Country’ Arbitration Clauses — Worth The Trouble?

    Timothy Nelson

    Although the varying approaches by two circuit courts in the cases of Bamberger Rosenheim v. OA Development and Polimaster v. RAE Systems might be explained by differently worded clauses, the outcomes nevertheless show that court interpretations of “home country” clauses can be difficult to predict, say partners with Skadden Arps Slate Meagher & Flom LLP.

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.