Commercial Contracts

  • February 27, 2009

    Union's ERISA Claims Waiver Upheld In Arkema Suit

    A federal court has granted summary judgment to Arkema Inc. in a suit brought by a group of former employees who allege the industrial chemical producer failed to provide separation pay that was guaranteed in its employee welfare benefit plan.

  • February 27, 2009

    Recycler Jaco Seeks Judgment In Spat With AIG Unit

    Refrigerator recycling company Jaco Environmental Inc. has asked a judge to grant partial summary judgment for breach of contract claims in a case it brought against American International Specialty Lines Insurance Co. to try to recoup defense costs in a rival's patent infringement suit.

  • February 26, 2009

    NFL Team Seeks $2.8M From Former Player

    The Arizona Cardinals are seeking to recover about $2.8 million from Wendell Bryant, a former first-round draft pick who was found to have breached the terms of his player contract.

  • February 26, 2009

    Judge Nixes Expired Product Suit Against Rite Aid

    Finding that the lead plaintiff did not assert feasible claims, a federal judge has dismissed a putative class action filed against Rite Aid Corp. over the retailer’s alleged sale of expired products — despite an earlier $1.3 million settlement between the retailer and the New York attorney general on the same matter.

  • February 26, 2009

    Fraud Class Action Against NY Life Still Standing

    A federal court has rejected a bid by New York Life Insurance and Annuity Corp. to dismiss a proposed class action alleging the insurance giant misrepresented the terms of its life insurance policies.

  • February 25, 2009

    Miss. Insurer Wants Out Of Hockey Team Katrina Suit

    A Mississippi state wind insurance pool has asked a federal judge to dismiss all claims against it in a suit filed by Biloxi minor league hockey team the Mississippi Sea Wolves alleging that insurers have acted in bad faith in denying coverage for equipment and other property damaged in Hurricane Katrina.

  • February 25, 2009

    Workers' Suit Against Dallas Transit, DOL Dismissed

    A judge has dismissed a case brought against the Dallas Area Rapid Transit Authority and the U.S. Department of Labor by more than 400 plaintiffs who said DART breached the employee protective arrangements of its contracts with the Federal Transit Administration for grant money.

  • February 25, 2009

    KV Targets Citigroup Over $72M In Illiquid ARS

    KV Pharmaceutical Co. has targeted Citigroup Global Markets Inc. with a suit that accuses the bank of inducing the drug manufacturer to invest in auction rate securities and leaving it in the lurch with $72 million in now-illiquid ARS.

  • February 25, 2009

    Judge Keeps Hedge Fund Redemption Suit Alive

    An investor’s lawsuit against a hedge fund that has blocked him from withdrawing funds has largely survived a motion to dismiss, in a case that could influence future disputes involving hedge funds that have refused investor redemption requests.

  • February 24, 2009

    Judge Rejects Class In Annuities Suit V. ReliaStar

    A federal judge has refused to certify a class of investors suing ING North America Insurance Corp. unit ReliaStar Life Insurance Co. over the insurer's interest-crediting policies on fixed deferred annuity policies after ruling that proving the claims will require evidence on the expectations of individual plaintiffs.

  • February 24, 2009

    ConAgra Sues Insurer For Salmonella Coverage

    As the claims related to the salmonella outbreak from ConAgra Foods Inc.’s peanut butter continue to pour in, the food manufacturer has sued its umbrella insurer, Lexington Insurance Co., for breach of contract, alleging that it is liable for those claims.

  • February 23, 2009

    China Drywall Probe Launched Amid Safety Concerns

    The U.S. Consumer Product Safety Commission has kicked off an investigation into a slew of complaints from Florida homeowners that drywall imported from China and installed in their homes emits unpleasant odors and causes electrical problems.

  • February 23, 2009

    Aurora Sues Insurer Over Defense Costs In Milk MDL

    Organic milk supplier Aurora Dairy Corp. has sued liability insurer Nationwide Agribusiness Insurance Co. for allegedly failing to provide defense coverage in a slew of consumer class actions that claim the dairy company’s milk was falsely certified as organic.

  • February 24, 2009

    Judge 'Inclined' To Certify Supersonics Fans Class

    In a blow to the investment group that owns the professional basketball team formerly known as the Seattle Supersonics, a federal judge has left open the possibility for class certification in a case brought by season-ticket holders who claim they were persuaded to fork over money to renew their tickets even as the team was being moved to Oklahoma.

  • February 23, 2009

    AT&T Loses Bid For JMOL In USF Litigation

    A federal judge has rejected AT&T Corp.'s bid for either judgment as a matter of law or a new trial in a legal battle over Universal Service Fund fees that saw the company cleared of class action price-fixing accusations but ordered to pay $16.9 million for allegedly breaching its contracts with a subclass of customers.

  • February 23, 2009

    Calif. Court Kills $31M Malpractice Award V. Seyfarth

    A California appeals court has overturned a jury verdict and trial court ruling awarding Tae Bo creator Billy Blanks more than $31 million in damages and fees from Seyfarth Shaw LLP and one of its attorneys on legal malpractice claims, remanding the case after finding that the trial court committed two prejudicial errors.

  • February 20, 2009

    Court Asks Schwab Fund Plaintiff To Revise Complaint

    In a class action launched by an investment advisory firm against Charles Schwab & Co. Inc. over the investment strategy of one of its bond funds, a judge has granted Schwab’s motion to dismiss for lack of standing, but has granted Northstar Financial Advisors Inc. leave to amend its complaint.

  • February 20, 2009

    Insurers Off Hook In Sigma Tech, Office Depot Spat

    A federal judge has ruled that Travelers Indemnity Co. and its affiliates don't have to pay the litigation costs of electronics supplier Sigma Tech Sales Inc., which was sued by Office Depot for alleged failure to provide rebates, because the claims did not constitute advertising injury.

  • February 20, 2009

    Judge Trims Claims From Analog OnStar MDL

    A proposed class action over the failure of analog-based telecommunications equipment for OnStar safety systems will proceed largely intact after a judge sliced a few claims at the request of the defendants, which include General Motors Corp. and American Honda Motor Co., but left the door open for plaintiffs to amend their case.

  • February 19, 2009

    Braves Sue Insurer Over $4.8M Injured Pitcher Claim

    The owner of the Atlanta Braves has accused Hartford Life Insurance Co. of breaching its contract with the baseball team by refusing to pay the team a total of $4.82 million for time that one of the team's former pitchers, Mike Hampton, spent on the disabled list during the 2008 season.