Commercial Contracts

  • November 10, 2008

    'Series 7' Score Suit Prohibited By Law: DC Circ.

    Agreeing that common law complaints against self-regulatory organizations for negligent performance of duties are barred by Congress, a federal appeals court has upheld a lower court's decision to throw out a suit brought by a group of securities dealers over miscalculated Series 7 broker exam scores.

  • November 6, 2008

    Apple Seeks To Toss Psystar's Antitrust Counterclaims

    Attorneys for Apple Inc. told a federal judge Thursday that Psystar Corp. was trying to divert attention from its alleged infringement of Apple's Macintosh operating system by asserting “deeply flawed” antitrust and unfair competition counterclaims, while Psystar's counsel maintained that Apple had misused its copyrights and engaged in illegal tying.

  • November 6, 2008

    Rather Makes Play For CBS Panel Documents

    Still locked in a battle with his former network, Dan Rather is waiting for a Manhattan judge to rule on whether the longtime CBS Corp. anchorman can have access to records regarding a controversial story President Bush's Vietnam War-era military service that led to Rather's firing.

  • November 6, 2008

    Riceland Fights Remand Order In Tainted Rice Case

    Riceland Foods Inc. has asked a federal judge to reconsider remanding to state court a proposed class action over allegedly tainted rice, arguing that the plaintiffs erroneously reported the company wasn't facing any similar class actions.

  • November 6, 2008

    Waiters Sue Hoteliers Over Tips

    A putative class of waiters has sued Starwood Hotels & Resorts Worldwide Inc. and another hotelier, alleging they withheld tips collected at dining functions and used them to pay nonwaitstaff employees.

  • November 6, 2008

    Judge Won't Bring Back Delphi Fraud Claim

    The bankruptcy judge overseeing Delphi Corp.'s suit against a group of investors led by Appaloosa Management LP over a failed deal to provide the auto parts maker with a $2.55 billion injection said Thursday that he won't reinstate a fraud claim against Appaloosa that was dismissed earlier this year.

  • November 5, 2008

    Judge Speeds Injunction Hearing On Wachovia Deal

    A North Carolina judge has agreed to expedite a preliminary injunction hearing in a proposed class action from a shareholder looking to block Wells Fargo & Co.'s $11.7 billion deal to purchase ailing bank Wachovia Corp.

  • November 5, 2008

    Hawaiian Airline Sues Mesa Over Predatory Pricing

    Hawaiian air service Mokulele Airlines filed suit against Phoenix-based Mesa Airlines on Wednesday accusing the larger carrier of using anti-competitive tactics to put Mokulele and other Hawaiian airlines out of business.

  • November 3, 2008

    Rotech Healthcare Sues Rival For Wooing Employees

    A subsidiary of Rotech Healthcare Inc. has filed a trade secrets lawsuit accusing three former employees of persuading their former colleagues to work for Providacare Medical Supply Ltd., a rival home medical equipment supplier.

  • November 3, 2008

    Invista's Suit Over Nylon-Making Process Gets Tossed

    Citing lack of subject matter jurisdiction, a federal judge has tossed a suit brought by Koch Industries Inc.'s Invista division against DuPont Co. and Rhodia SA that alleged unfair competition and misappropriation of trade secrets relating to a process used to manufacture nylon.

  • October 31, 2008

    Judge Denies Hexion Bid To Extend Banks' Pledge

    A New York state judge has refused a request by Hexion Specialty Chemicals Inc. to force two banks to extend an agreement to fund its proposed $6.5 billion acquisition of Huntsman Corp.

  • October 30, 2008

    Plaintiffs In Hybrid LMRA/ERISA Case Get Jury Trial

    A federal judge overseeing a putative class action accusing Alliant Energy Corp. and a subsidiary of breaching a collective bargaining agreement by cutting retiree health care benefits has rejected Alliant's contention that the labor union and retirees who brought the suit are not entitled to a jury trial.

  • October 30, 2008

    Sempra Wins $48.5M Over Bad Investment Advice

    Sempra Energy has won $48.5 million against an insurance adviser that recommended a political risk policy that failed to protect the firm from millions of dollars in foreign investment losses when Argentina’s banks defaulted in 2001.

  • October 30, 2008

    USAPA Accused Of Bias On US Airways Seniority List

    A group of US Airways Inc. pilots has launched a proposed class action against the U.S. Airline Pilots Association, accusing it of fraud and breach of contract for not using the pilots' start date at airlines that US Airways later acquired to determine their position on the seniority list.

  • October 30, 2008

    Bank Of America Sues Bear Stearns, Fund Managers

    Bank of America NA has sued the asset-management unit of Bear Stearns Cos. and two former hedge fund managers for deceiving the bank into entering into a costly — but failed — transaction to save two funds, which collapsed in June 2007, flooding the market with mortgage-backed securities.

  • October 30, 2008

    Jury Hands NASA Contractor $2M In Trade Secret Suit

    PAI Corp. has been handed a $2.1 million jury verdict in its favor in its lawsuit alleging that one of its subcontractors, Integrated Science Solutions Inc., misappropriated its trade secrets and used them to swipe two lucrative service contracts with NASA.

  • October 29, 2008

    2005 Civil Damages Awards Rarely Broke $1M: Report

    Fewer than 5 percent of civil plaintiffs in state courts received awards of $1 million or more in 2005, according to the first-ever nationwide measure of general civil bench and jury trials, released recently by the U.S. Justice Department's Bureau of Justice Statistics.

  • October 29, 2008

    Underwriter Not Owed $5M In Liability Ins.: Court

    The estate of a bankrupt underwriter of municipal bonds, Miller & Schroeder Inc., will not be able to collect insurance payments for the litigation costs, related to $140 million in defaulted bonds, that triggered the bankruptcy, the U.S. Court of Appeals for the Eighth Circuit has ruled.

  • October 29, 2008

    Securities Suit Drives Brooke Corp. To Ch. 11

    Kansas insurance agency Brooke Corp. has filed for Chapter 11 bankruptcy protection, just weeks after a breach of contract and fraud lawsuit led to a special master's appointment to run the company.

  • October 29, 2008

    Hexion Sues Credit Suisse Over Failed Merger

    Hexion Specialty Chemicals Inc., a unit of private equity firm Apollo Management LP, said Wednesday that it had sued affiliates of Credit Suisse Group AG and Deutsche Bank AG in an attempt to force the banks to fund its proposed $6.5 billion acquisition of Huntsman Corp.