Commercial Contracts

  • March 17, 2009

    Financial Crisis Litigation Wave Forming Its Crest

    Massive financial calamity is often accompanied by great, crashing waves of litigation. Although the raw numbers of lawsuits filed following the generalized meltdown of the financial markets are up at historic levels, those expecting an even bigger wave shouldn't put away their surfboards yet.

  • March 6, 2009

    Dow, Rohm Back In Talks Over Stalled $18.8B Merger

    With a trial over their stalled $18.8 billion merger set to begin Monday, Dow Chemical Co. and Rohm and Haas Co. said Friday they were in discussions over both the deal and the specialty chemical manufacturer’s breach-of-contract suit.

  • March 5, 2009

    Merrill Says Deutsche Bank Poached Financial Group

    Investment giant Merrill Lynch & Co. Inc. is seeking $100 million in damages from rival Deutsche Bank, claiming Deutsche Bank compromised its trade secrets when it improperly hired 12 former employees from Merrill's financial institutions group last February.

  • March 5, 2009

    Claims V. Dow, Pharmacia Pared In CERCLA Suit

    A federal judge in Superfund litigation over a wood treatment facility in Minnesota has dismissed liability and breach of contract claims against Dow Chemical Co. and Pharmacia Corp. that allege they supplied a chemical that contaminated residential properties.

  • March 6, 2009

    Trial Set In Fight Over MercExchange Settlement Cash

    Just over a year after a landmark patent settlement between MercExchange LLC and eBay Inc., a breach of contract trial is set to commence in a Fairfax, Va., court Monday as two men formerly associated with MercExchange fight with the company over settlement proceeds.

  • March 5, 2009

    Garbage Cos. Look To Bar Atty From Antitrust Suit

    Attorneys for the waste disposal company defendants in a case alleging monopolistic tactics in the Long Island, N.Y., garbage hauling market have asked a judge to disqualify a Lewis Johs Avallone & Aviles LLP attorney from representing putative class plaintiffs because of conflict-of-interest concerns.

  • March 4, 2009

    Court Upholds BofA Win In Trade Secrets Spat

    K.C. Multimedia is weighing its options after a California state appeals court rejected the company's challenge to a trial court's judgment in favor of three defendants including Bank of America Corp. in a trade secrets case over two banking applications.

  • March 4, 2009

    Lannett, Albion Spar Over Generic Vitamins

    Pharmaceuticals companies Albion Laboratories Inc. and Lannett Co. Inc. are engaged in a war of words over Albion's claim that Lannett committed patent infringement by incorporating Albion's iron supplement Ferrochel into a generic neonatal vitamin.

  • March 3, 2009

    Enmex Fires Back At Tesoro With $2B Breach Claim

    Fuel distributor Enmex Corp. has hit back at Tesoro Refining and Marketing Co. with a $2 billion breach of contract and defamation cross-complaint in a dispute over fuel transport contracts.

  • March 2, 2009

    Cincinnati Bell Workers' $23M Stock Suit Tossed

    A judge has dismissed a class action brought by former and current employees of units of Cincinnati Bell Inc. who allege they should have been handed more than $20 million when an insurance company demutualized.

  • 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.