Commercial Contracts

  • July 21, 2009

    Anadarko Seeks To Join Interstate Water Feud

    Oil and gas company Anadarko Petroleum Corp. has reportedly made a bid to intervene in a long-running water rights dispute in which Montana has accused Wyoming of violating an interstate water compact by refusing to curtail its consumption of water from the Tongue and Powder rivers.

  • July 21, 2009

    Motown Bigwig Takes Aim At Willkie Farr

    Lamont Dozier, the mogul behind a slew of hit Motown songs, has accused Willkie Farr & Gallagher LLP of breach of contract and fraud related to the firm's representation of him in a deal meant to provide revenue through the securitization of his future music royalties.

  • July 20, 2009

    Hemostatic Tech Co.’s Trade Secrets Suit Tossed

    A federal judge has dismissed a suit launched by Medafor Inc. that claimed Starch Medical Inc., a rival hemostatic technology company, infringed its trademarks and stole trade secrets by inducing a former Medafor executive to disclose confidential business information.

  • July 20, 2009

    NL Industries Hit With $178M Verdict In Stock Suit

    NL Industries Inc. has been hit with a $178.7 million jury verdict in a suit filed by three shareholders who claimed the lead paint manufacturer undervalued their stock and artificially drained the assets from a subsidiary they ran to manage the company’s environmental liabilities.

  • July 20, 2009

    Claims Survive In Citrucel Suit

    A federal judge has refused to dismiss a slew of claims against flavoring chemical manufacturer Siratsa LLC in a lawsuit stemming from the 2006 recall of GlaxoSmithKline's Citrucel, finding that a distributor agreement Siratsa claimed cleared it from liability could not be considered by the court.

  • July 20, 2009

    NJ High Court Says Lower Court Can't Interpret CBA

    The Supreme Court of New Jersey has ruled that a lower court did not have the authority to interpret the terms of a collective bargaining agreement between New Jersey Transit Bus Operations Inc. and a transit union when it threw out an arbitration panel's reading of the agreement.

  • July 17, 2009

    Appeals Court Favors Putnam In Pension Fund Suit

    A Texas appeals court has upheld a decision throwing out claims brought by a pension fund for state workers accusing Putnam Investments and its affiliates of concealing information about market-timing activities that allegedly led the fund to suffer millions of dollars in losses.

  • July 17, 2009

    Travelers' Burden To Show Katrina Damages: Court

    A federal judge has found that Travelers Property Casualty Co. of America bears the burden of segregating covered from noncovered losses in a New Orleans entertainment supply company's claim for over $8 million in losses stemming from property damage wreaked by Hurricane Katrina.

  • July 17, 2009

    9th Circ. Asks Hawaii Court For Pollution Clause Ruling

    Seeking to determine whether TIG Insurance Co. owes coverage under a liability policy for injuries allegedly caused by the fumes from drain-opening liquid, a federal appeals court has asked the Hawaii Supreme Court to issue a ruling asserting the state’s prevailing view on the scope of pollution exclusions.

  • July 16, 2009

    Malpractice Suit Against 3 Law Firms Gets 2nd Life

    Partly reversing an earlier order tossing the case for lack of standing, a federal judge has revived a suit brought by a defunct investment fund's court-appointed receiver accusing three law firms – Cohen & Werz LLC, Certilman Balin Adler & Hyman LLP and Lum Danzis Drasco & Positan LLC – of malpractice and looting related to investor fraud.

  • July 16, 2009

    Google, AdWords Plaintiffs Agree To Trim Claims

    Google Inc. and the plaintiffs in a putative class action over the Internet giant’s popular AdWords program have struck a deal to end unjust enrichment claims against Google in exchange for the company’s agreement to drop a breach of contract counterclaim.

  • July 16, 2009

    Judicial Watch Founder's Mintz Levin Suit Trimmed

    Finding some claims barred by the statute of limitations, a judge has thrown out a portion of a breach of contract and fiduciary duty suit against Mintz Levin Cohn Ferris Glovsky & Popeo PC brought by Larry Klayman – the founder and former chairman of conservative group Judicial Watch – over a 2003 severance agreement.

  • July 16, 2009

    Most Of PPG Benefits Class Knocked Out By Judge

    A federal judge has determined that most of a proposed class action against PPG Industries Inc. over its plan to impose higher premium costs on retired workers and spouses of deceased workers for their medical benefits has already been litigated by several unions in previous cases.

  • July 16, 2009

    Progress Energy Sues ACE Over $9M Jury Verdict

    An affiliate of Progress Energy Inc. has sued ACE American Insurance Co., seeking indemnification and defense costs related to a $9 million jury verdict reached in a wrongful death suit brought by the family of a man who was electrocuted by a downed power line.

  • July 15, 2009

    Insurer Asks To Nix Claims In Drywall Coverage Spat

    Liability insurer Builders Mutual Insurance Co. has asked a court to dismiss breach of contract and bad faith claims asserted against it by builder Dragas Management Corp. in a dispute over coverage for remediation and other costs associated with the installation of Chinese-made drywall.

  • July 14, 2009

    9th Circ. Affirms Toss Of Wal-Mart Foreign Labor Case

    A federal appeals court has upheld the dismissal of a complaint accusing Wal-Mart Stores Inc. of failing to monitor the working conditions of its foreign suppliers, ruling that the retail giant had no legal duty to protect foreign workers from the suppliers' alleged substandard labor practices.

  • July 15, 2009

    CDO's Credit Default Swap Suit V. Wachovia Trimmed

    A federal judge has pared the claims in a hedge fund's suit accusing Wachovia Bank NA of reneging on a credit default swap deal, ruling that the agreement allows the bank to demand the credit support challenged by CDO Plus Master Fund Ltd.

  • July 15, 2009

    Inola Loses Bid To Revive Express Scripts Case

    A federal judge has refused to vacate an earlier judgment that dismissed a purported class action brought by Inola Drug Inc. alleging that Express Scripts Inc. failed to properly reimburse pharmacies for filling prescriptions and breached their contracts.

  • July 14, 2009

    Citigroup Deal With Wachovia Unenforceable: Judge

    Citigroup Inc. has lost the latest round in a legal tussle over its failed bid to acquire Wachovia Corp. last year, with a judge denying its attempt to derail a suit seeking declaratory judgment that Wachovia's eventual merger with Wells Fargo & Co. was valid.

  • July 14, 2009

    Last Antitrust Claim Against Columbia Gas Tossed

    Columbia Gas Transmission Corp. has prevailed in its bid to have the last remaining antitrust claim tossed from a complaint brought by a natural gas shipper -- one of several that sued the interstate pipeline operator five years ago over an alleged scheme to allow select shippers to store gas in exchange for kickbacks.