Commercial Contracts Archive » January, 2013

Commercial Contracts - January, 2013

329 articles

• Suit Over Ness Sale Strong Enough, Vector Tells 2nd Circ.
• Twitter, Data Co. Spar On Venue In 'Firehose' Access Row
• Jimi Hendrix Film Producer Can't Duck Estate's Contract Suit
• Coudert's Claims Slashed In $9M Peabody Contract Row
• Judge Tosses Challenge To Blocked Ore. Wind Farm Deal
• Bankruptcy Court OKs $298M ResCap-Fannie Mae Settlement
• Apt. Owner Drops $36M Loan Suit Against US Bank, Servicer
• Judge Sinks Nestle Waters $50M Late Fee Class Action
• Drink Co. Gets Playboy Trademark Suit Kicked Out Of Calif.
• RBC Can't Dodge Highland's $47M Suit Over Scrapped Deal
• Victoria's Secret Defends 'Dream Angels' Mark In 9th Circ.
• Axl Rose's 'Guitar Hero' Suit Too Late, Judge Rules
• Downtown Miami Tower Sues Construction Co. Over Defects
• CAA Wants $1M From 'Top Gun' Director's Estate
• NFL Ticket Holders Only Have A Right To A Seat, Judge Says
• Bell Helicopter Denied Sales Ban Bid In Trade Secrets Row
• Ex-BP NGL Trader Says He Was Fired To Allow Market Scheme
• Investor Asks Calif. Court to Revive 'No Country' Suit
• Volkswagen's Audi Deal Nixed For 'Onerous' Claims Process
• EA Targets IP In 'Madden' Royalty Row After Contract Defeat
• 2nd Circ. Backs Algonquin's Stake In $11M Malpractice Award
• Distributor Returns Fire As Battle With Vivaro Heats Up
• Yankees Risk Union Backlash As A-Rod Contract Rumors Swirl
• The State Of Indemnity In Calif.
• 'Hooper' Director Says Warner Bros. Withholding Video Profits
• Terna Wants Fight Over Obama-Blocked Wind Farm Deal In NY
• Condo Owners Seek OK On $10M Chinese Drywall Deal
• Toyota Can't Arbitrate Hybrid Defect Suit, 9th Circ. Says
• Epstein Becker Denies It Double-Crossed Greenberg Traurig
• Wells Fargo Sues Babcock Fund Over $194M Loan
• NJ Courts' New Trend: Hospitals Subject To Liability
• 'Machete' Director Pushed Wozniak Off App Deal, Suit Says
• Writer Asks Appeals Court to Give Him a Win in 'Lost' Suit
• DirecTV Gets Dealer's $10M Award Tossed In Contracts Fight
• Ex-Third Eye Blind Bandmates Clash Over Partnership, IP
• No Damages Against Debevoise In Malpractice Suit: NY Court
• Recruiter Says Broker's Lost Check Cost It Coverage
• Trustee Sues Deutsche Bank Unit Over $89M In MBS
• ResCap To Close $3B Mortgage Biz Sale By Mid-Feb.
• Post-Sandy Mold Caseload Set For Spring Growth Spurt In NY
• Philly Casino Owners Settle Feud Over $142M Expansion
• Ray Charles' Kids Win Bid To Reclaim Song Rights
• Ex-Philly Housing Head Blasts Former Boss At Firing Trial
• Bailout Terms Kill AIG's $11B MBS Suit, BofA Says
• Filmmakers Say Financier Broke $35M 'Odd Thomas' Deal
• Financing Co.'s Bid To Change CDO Payout Nixed By 2nd Circ.
• Prudential's RMBS Suit Lacks Fraud Claim: Credit Suisse
• Chinese Co. Wants Wind Farm Deal Voided After Obama Block
• Judge OKs Bankrupt Telecom Co.'s $36M Verizon Settlement
• Zee Seeks To Revive Williams Mullen IP Malpractice Claim
• PJM Seeks $4.2M In Surplus Payments From Energy Cos.
• CORRECTED: Vivaro Sues Distributor For $1.1M Over Missed Payments
• What's Missing From My Software As A Service Agreement?
• EU And US Are Getting Tough On Noncompete Clauses In M&A
• When NJ Banks Are Liable For 3rd-Party Fiduciary Breach
• Bank Can't Skirt Oil Newsletter's Article-Sharing Claims
• Divisive Ruling Casts Doubt On Additional Insured Coverage
• Atheist Prof Dawkins Skirts Protege's DVD Fraud Claim
• NYC Tower's Lenders Freed From Condo Buyers' Claims
• Ex-WaMu Exec Seeks $1.3M From Liquidating Trust
• SyFy, NBC Accused Of Stealing 'Face Off' Series Idea
• Ex-Health Marketing Co. Exec Says HIG Owes $450K Bonus
• Lesson From Icahn, Ackman Feud: Look For Fuzzy Deal Terms
• Jury Hands Victory To KDH In Body Armor Contract Fight
• 7th Circ. Won't Rehear $125M Starwood Fraud Suit
• Sedgwick Nabs Seattle Insurance Pro From Carson Noel
• Morgan Stanley Didn't Buy Back Bad Loans, FHFA Suit Says
• 'Survivor' Creator Hits Adviser With Contract Countersuit
• Wells Fargo Settles Calif. Mortgage Action For $500K
• Apple FRAND Appeal Belongs In 7th Circ., Motorola Says
• Eye Med Distributor's $100M Suit Barred By Deal, Akorn Says
• No Clear Disclosure? No 3rd-Party Release In Ch. 11
• J. Crew Says Designer Lifted Trade Secrets For New Gig
• Firing Overseas Staff Is More Complicated Than You Think
• How Already V. Nike Could Impact Hatch-Waxman Cases
• Justices Urged To Review Construction Contract Forum Deals
• BNY Mellon Can't Dodge Bondholder Suit Over $8M Settlement
• Developer Must Face Fraud Suit Over $675M Loan: 11th Circ.
• 'Madden NFL' Programmer Not Owed More Royalties, Says EA
• Dish's Ad-Skipping DVR Is Fair Use, IP Pros Tell 9th Circ.
• HCA Must Pay $162M For Deal Breach, Judge Says
• Pa. Landowners' Oil, Gas Royalties Class Action Cut Down
• NY Court Scraps Sony Ericsson's Chip Development Suit
• Morgan Stanley Accuses Ex-Brokers Of Client Poaching
• In Light Of MLK Day: What The Future Holds For Employers
• Supreme Court Asked To Mull Entergy Power Deal Withdrawal
• Jackson Partners, Energy Co. MEG End Ownership Stake Row
• Linkin Park Auditor Can't Dodge Firm's Defamation Suit
• Top Calif. Court Snubs Sports Club In Arbitration Pact Suit
• Kabul Embassy Guards Sue Security Co. For Unpaid Overtime
• IP Firm Wood Herron Slams Copyright Conspiracy Suit
• Mendelsohn Drucker Wins Injunction For Unpaid Legal Fees
• No Penalty For HMA's Backout In $75M Deal, 11th Circ. Says
• LeClairRyan Adds Seasoned Atty To Sports Industry Practice
• Aon Unit, Ex-Employees Settle Trade Secrets Row
• Firm Asks 2nd Circ. To Back 'Dora The Explorer' Settlement
• CatchPlay's Fraud Claims Trimmed In 'Looper' Rights Suit
• Store Owners' Taxes Not Winston & Strawn's Fault, Atty Says
• Unlicensed Contractors Can't Enforce Pacts, Fla. Court Says
• Samsung Can't Force Arbitration In Galaxy S Defect Case
• NuVasive Noncompete Too Restrictive, Device Seller Says
• Avoid Data Breaches With Better Vendor Contracts
• AMR Gets OK On Purchase Deals With Boeing, Airbus, Others
• Judge Won't Toss Suit Over BNY Mellon Forex Rates
• Wells Fargo Can Be Sued Despite $49M Ponzi Scheme Deal
• Highmark Wants UPMC To Return Docs From West Penn Row
• Ex-Black Diamond Exec Spooked Investors, Atty Says
• House Will Review CFAA After Web Pioneer Swartz's Death
• Dynegy Escapes Ergon Gas Contract Suit In 5th Circ.
• Cohen Seglias Suit Against Del. Co. Belongs in Pa.: Judge
• Jury Finds For Goldman In $580M Dragon Sale Suit
• Judge Tosses Contract Suit Over $201M NYC Hotel Sale
• NY Commercial Judges Urged To Prod Litigants Toward Deals
• Riverisland Ruling Gives Calif. Fraud Victims Fairer Shake
• Sterlite Sued Over Legal Fees From Failed $2.6B Asarco Deal
• Allstate Gets Ex-Agent's $15M Contract Suit Scrapped
• Judge Denies Law Firm DQ In Army Subcontracting Row
• Telefonica, Portugal Telecom Fined €79M For Noncompete Plot
• Judge Pares UnitedHealth Class Claims Over Unpaid Bills
• Insurers Lose More Ground In Arbitration Clause Debate
• GSK Says E-Discovery Co.'s CEO Is Holding Data Hostage
• Attys Agree To $143M Fee Split In $2.3B Avandia MDL
• US Manufacturer Accuses Chinese Agent Of Stealing IP
• 7th Circ. Unpierces The Veil: Command Video V. Roti
• Fox 'Crying Wolf' Over Ad-Skipping DVR, Dish Tells 9th Circ.
• Halliburton Says Ex-Worker Hid Drilling Method Patent
• American Capital Cheated PE Guru Out Of $45M, Suit Says
• Boastful Atty Loses Appeal In $78M Kasowitz Firing Suit
• Honda Hit With Suit Over Alleged CR-V Door Lock Defect
• Who Can Conduct Foreclosure Sales In Ga.?
• Activision Wants Gamers' Data Protection Case Junked
• Renco Wins Speedy Hearing In MacAndrews Humvee Row
• Aragon Owes Investigator For Citadel Case, Suit Says
• Grant & Eisenhofer Sued Over Share Of $84M Abbott Award
• 'Girls Gone Wild' Exec Can't Dodge Tax Shelter Arbitration
• Judge Rejects Xcel's Bid To Recover $16M For Smart Grid
• Sheriff Blocked From Liability In Tom Jones Negligence Row
• Chesapeake Can't Nix BP's $22M Claim Over Wells Buy
• CBS Settles Spinoff Profits Suit With 'NCIS' Creator
• Brando's Estate Ends License Suit Over Madonna Contract
• Putting The Stockton Bankruptcy In Perspective
• Already V. Nike: Takeaways For IP Owners
• Producers In 'Godzilla' Fight Fire Back At Legendary Pictures
• Adam Carolla Sued Over Breakup of Podcast Partnership
• Historic Miami Theater Faces Foreclosure Amid Contract Suit
• Calif. High Court Snubs $15M 'Nash Bridges' Award Dispute
• No New Trial For Best Buy In $27M Trade Secrets Fight
• Hobby Car Co. Sues Dallas Architects Over $32M Complex Plan
• Texas Firm Says It Was Stiffed By Energy Co. Investors
• Pa. Firm Can't Duck Ex-Client's Suit Over Time-Barred Claim
• Swiss Pharma Co. Shakes Suit Over $120M Supply Contract
• Chevron Unit Targets Claims In $100M Marcellus Dispute
• Cert. Bid Denied In Chase Credit Card Contract Suit
• Robert Redford's Co. Sued Over Canceled Sundance Party
• Insurer's $30M MBS Suit Survives US Bank Dismissal Bid
• OneBeacon Must Defend Vitamin Co. In Distribution Fight
• DuPont Faces Derivative Suit Over $1B Monsanto IP Verdict
• How Bankruptcy Can End Environmental Cleanup Obligations
• Filmmakers Sue Hollywood Studios Over Home-Video Profits
• Wells Fargo Can Use Info From Other Suits In Contracts Case
• Internet Activist's Suicide May Take Teeth Out Of Hacker Law
• Ex-IBM Exec Helped CSC Poach Employees, Suit Says
• NuAire, Merrill Agree To Drop Incubator Recall Fight
• JPMorgan Can't Enforce Class Action Waiver, 6th Circ. Told
• Calif. City Can't Escape Defense Costs For Ex-Official
• NJ Appeals Panel Grants HoJo Indemnity In 2006 Accident
• EIG Drops Protest Of TCW Sale To Carlyle
• Mayer Tells 7th Circ. 'Absurd' Malpractice Suit Rightly Nixed
• BMW Says Battery Warranty Class Doesn't Cut It
• DuPont Can't Shake Auto Coating Seller's Antitrust Suit
• AMD Says Ex-Employees Took Trade Secrets To Nvidia
• Defense Contractor Says Partner Owes Share Of $67M Loan
• Okada Can't Skirt Wynn Resorts' Disloyalty Claims
• Steelers Star Settles With Hanes Over Axed Sponsorship
• Oil And Gas — Seeking The Hand Of Private Equity
• Vornado Claims DSW Failed To Pay Full Rent At NJ Mall
• Calif. High Court Overturns Contract Fraud Limitation Rule
• The Wrap Hit With Fraud Suit Over Film Site Takeover
• Marriott Accused Of Hatching Secret Deal With Hotel Union
• In Re Zota's Place In The 363 Sale Debate
• Sony Faces Download Claims In Trimmed Toto Royalty Suit
• Pa. Landowner Sues Energy Cos. To Void Oil-Drilling Lease
• RG Steel Sues To Wind Up Coke Fuel Joint Venture
• Countrywide Borrowers Lose Class Bid In 6th Circ. Bias Case
• Duke Must Show Losses In Massey Contract Row: Court
• HMO, Hedge Fund, Firms Hit With Medicare Contract Buy Suit
• The Ill. Supreme Court 2012: Year In Review
• Disney Stole Christmas Movie Idea, Suit Alleges
• AmEx, Citi Accused of Evidence Dodge In Antitrust Suits
• High Court Seeks US View On Union Neutrality Deals
• Safeguard Founders Say Morgan Stanley Stymied $350M Claim
• Judge Slashes Suit Against Steven Tyler's Atty
• Ex-Rangers Owner, JPMorgan Call Truce In Creditor Dispute
• Foreclosures Are Debt Collections Under FDCPA: 6th Circ.
• Jury Hands Louisiana-Pacific Win In Faulty Home-Siding Row
• Paramount Settles $375M Film Investment Contract Row
• Wholesale Grocery Suppliers Beat Antitrust Suit
• NJ High Court Weighs Attys' Fees In Consumer Fraud Cases
• BNY Mellon Needs Protection In Argentina Injunction: ABA
• Argentina Asks High Court To Nix Subpoenas In Bond Row
• Racetrack Co. Rips SL Green Over Emails In Contract Row
• Gershwin Heirs Say Warner Owes Millions In Royalties
• Schlumberger Seeks To DQ Bracewell In Drilling IP Suit
• High Court Won't Consider Patent 'No-Challenge' Clauses
• Beware Implied Warranty Of Habitability In Pa.
• Synthes Owes $1.2M In Surgical Tool Deal, Suit Says
• JPMorgan Lost $95M With Bad MBS Investments: Billionaire
• AIG Sues NY Fed Over Right To Billions In RMBS Claims
• Kan. High Court Backs $33M Anadarko Gas Royalty Deal
• NJ Wal-Mart Can't Skirt Liability For Off-Premises Hazard
• Courts Willing To Enforce Worker Noncompetes, 2012 Shows
• Billionaire's Damages Claims Blocked In JPMorgan MBS Suit
• Locke Lord Settles Storage Co.'s $45M Malpractice Suit
• NY Noncompete Ruling Shows Suing 1st Isn't Enough
• Sports Owners Hold All The Cards In Labor Negotiations
• China Ex-Im Can't Get Grenada's US Funds, 2nd Circ. Told
• 'Spider-Man' Copyright Suit Revived After Deal Talks Stall
• Warehouser's Suit Against Hinckley Allen Withdrawn
• Pa. Judge Denies Dismissal Bid In Merrill Lynch Film Spat
• DOJ Blocks Okla. Chiropractors' Joint Contract Bargaining
• NY Court Upholds BofA Win In $200M Building Loan Fight
• Patton Boggs Faults Energy Execs In $1.3M Malpractice Suit
• Wireless Co. Loses Antitrust Bid In Rival's Counterfeiting Suit
• ConocoPhillips Asks Texas Court To Ax Gas Royalties Claim
• Ex-Construction Manager Wants In On Waterscape Settlements
• 9th Circ. Proves To Be Kryptonite For Superman Heirs
• 11th Circ. Tosses Suit Against JPMorgan Over WaMu Lease
• Ex-ShopSavvy CEO Sues To Claim Severance Money
• 2nd Circ. Won't Send Argentina Bond Contract Issue To NY
• Supreme Court Spotlight: Sex, Race And ... Commerce
• NY Court Won't Send Aon Trade Secrets Suit To Calif.
• Legendary Wants No Credit For Ousted 'Godzilla' Producers
• Con Ed Owes Taxes On Gas-Fired Plant Deal, Fed. Circ. Says
• Kodak Trustee Slams Nixon Peabody's Unexplained Billing
• Road Map To Wage Act Claim Releases For Mass. Employers
• Exide Loses Bid To Reclaim Battery Mark From EnerSys
• Texas Court Blasts TRO In T-Mobile-MetroPCS Merger Suit
• Calif.'s New Pro-Employee Laws Call For Employer Caution
• Court Weighs Reviving $1M Porter Hedges Malpractice Suit
• High Court Nike Ruling Lets IP Owners Skirt Invalidity Claims
• Castex Settles Mirant Claims In $126M Mineral Deal Suit
• 'Jersey Shore' Brother Aims To Duck Distiller's Contract Suit
• NLRB Judge Shoots Down Quicken Employment Policies
• Texas High Court Mulls City's Immunity From Land-Option Suit
• Dow Jones Had Right To Alter WSJ Content, 2nd Circ. Told
• Collection Agency Loses Dispute Over Wells Fargo Accounts
• Judge Denies Class Cert. In Toyota Hybrid Braking MDL
• HP Can't Dodge Class Action Over Custom-Built Laptops
• NY Market At Risk From Reliability Deal, Power Group Says
• Personal Injury Firm Hits Rival With $2.2M Poaching Suit
• Rite Aid, Others Jump Into Pay-For-Delay MDL Against Pfizer
• 9th Circ. Affirms BofA Win Over Unfair Mortgage Rate Claim
• Nike No-Sue Deal Bars Trademark Challenge, High Court Says
• Ship Owner Claims 'Whale Wars' Host Lied About Sinking
• Bank Execs' $1 Damages Over $440M Deal Is Fair: 10th Circ.
• Caterpillar Workers' Spouses Lose Benefits Bid In 6th Circ.
• Equitable Principles Alive And Well In Calif.
• NY Vs. UK Acquisitions Agreements — What's The Big Deal?
• Unfair Contract Nixes Car Dealer's Arbitration Bid: Court
• China Mobile Hit With $48M Suit Over Exchange Delisting
• Judge Chops Suit Alleging Meridian Ran Madoff Feeder Funds
• Wal-Mart May Face Wage Suit From Contracted Workers
• Baker Botts Attys May Take Stand In $126M Oil Lease Trial
• Big East Gets Extension To Address Rutgers Suit Over Exit
• John Thomas Claims Ex-Employees Stole Data, Clients
• Thompson & Knight Can't Shake Malpractice Judgment
• Nokia, Nintendo Object To Kodak Patent Sale Order
• Howrey Creditor Defends Bid To Bring Alter Ego Claims
• 11th Circ. Won't Revive Cruise Ship Workers' Tip Suits
• Slain Lockheed Worker's Parents Rip Bid To Nix Appeal
• Lane Powell Ducks Bulk Of Power Co.'s Malpractice Suit
• Capital One Says Contracts Sink Balance Transfer Suit
• Colonial Auditor Wants FDIC's $1B Malpractice Suit Axed
• Sovereign Strikes $9M Deal In Ocala Fund Transfer Suit
• Toyota Calls No Harm, No Foul In Hybrid Class Action
• UnitedHealth Takes Reimbursement Fight To Supreme Court
• Landowners' Wal-Mart Zoning Row Denied High Court Review
• Ashton Kutcher's Suit Over DMV Reality Show Kept Intact
• AmEx, Discover Policies 'Screw' Consumers, Plaintiffs Tell Judge
• NCUA Sues JPMorgan Over $2.2B in Faulty RMBS
• JPMorgan Wants FDIC Coverage In WaMu Bondholder Suit
• 3-D Patent Bankruptcy Sale Halted For Disney Appeal
• VisionChina Held In Contempt Over $60M Payment In PE Suit
• Credit Suisse Loses Another Bid To Toss $1B Fraud Suit
• JPMorgan Unit Can't Block Calif. Power Project, FERC Says
• Breach Of Trial Agreement Cost EP Energy $21M Verdict: Suit
• 8th Circ. Affirms General Mills' $2.2M Win In Meatball Row
• Class Waivers Enforceable In FLSA Suits, 8th Circ. Finds
• NHL, Players Reach New 10-Year CBA To Save Season
• High Court Won't Revive $500M RICO Case Against Freshfields
• Philly Atty Wants Ex-Firm Sanctioned In Settlement Fee Row
• Audit Trend Puts Movie Studios Up In Lights
• RICO Claim Against Ex-CEO of Iraq Contractor Tossed
• Cochran Firm Asks Judge To Block Ex-Partner's Use Of Name
• Ikon, GE Capital Settle Antitrust Claims Over Copier Leases
• Nat'l Union Owed Amway Coverage In Antitrust Dispute: Judge
• Ex-Bloomberg TV Director Asks 2nd Circ. To Revive Bias Suit
• Publishers Needn't Fill Textbook Order In Antitrust Fight
• BofA, Fifth Third Freed From Suit Over $70M Concord Fraud
• Dunkin' Donuts Can't Evade Franchisees' Race Bias Suit
• Lathrop & Gage Adds Litigation Pro In St. Louis
• Repsol Can't Sue YPF Partners After Takeover, Bridas Says
• Bank Pulled Bait-And-Switch On $54M NYC Condo Loan: Atty
• Time Warner Settles With Producers In $80M 'Smallville' Suit
• Microsoft Faces New Suit Over Intellivision DVR Patent Deal
• 9th Circ. Denies Oil Brokers' Bid To Rehear Iraq Oil Suit
• NHL Players Want League's Suit Nixed As Lockout Drags On
• Securities Law Doesn't Bar Insurance Contract Claims: 9th Circ.
• DOJ Shuns 3rd Trial In POGO Gov't Worker Payment Case
• Philly Atty Claims Ex-Firm Lacks Rights To Settlement Fees
• Tom Jones Aims To Revive Negligence Suit Against LA Sheriff
• Medtronic Stole Heart Surgery Device IP, Patent Holder Says
• Promoter Claims Live Nation, Caesars Failed To Hype Show
• Feds Back BofA In Forced Flood Insurance Appeal
• Atty Excluded Ex-Clients From $11M Toxic Wood Deal: Suit
• Bench Trial Set In Macy's, JC Penney, Martha Stewart Fight
• Abacus V. ADT: Importance Of Waivers Of Subrogation
• Lack Of Lawyer Sinks Marketing Co.'s Vegas Casino Suit
• Larry Flynt Again Triumphs Over Brother In 'Hustler' Fight
• Appeals Court Backs BofA's $206M Win In Chicago Loan Row
• Boastful Ex-Kasowitz Atty Wants $78M Firing Suit Revived
• Release Bars $4M Award In Energy JV, Texas Court Says
• US Sues Courthouse Contractor Over Subcontract Payments
• Ex-Partner Sues PE Firm Over Restoration Hardware IPO
• Firm Dodges $2M Malpractice Claim Over Botched RE Deal
• 10th Circ. Has Left Less Static For Secured Creditors
• A Primer For Acquiring Inclusionary Air Rights In NYC
• Insurance Cases To Watch In 2013
• Law360 Selects Top Practice Groups Of The Year