Centene Management Company LLC has urged a federal court to toss a proposed class action alleging it misrepresented the size of a provider network, saying the amended suit is trying to second-guess Washington state regulators’ work.
As maritime industry stakeholders maneuver through the changing regulatory and legislative landscape, they’re also contending with increased gridlock at U.S. ports, emerging cybersecurity threats and technology disruptions, and inadequate investment in crucial infrastructure. Here, Law360 examines more challenges facing the industry in the second part of our roundup.
A Texas appellate court ruling that a party to a contract dispute, whom a jury sided against, waived any right to challenge the legal sufficiency of the verdict because he didn't object to a question submitted to the panel has left litigants in a waiver trap, the Texas Supreme Court heard in oral arguments Thursday.
A construction executive misused money meant for a luxury New York City condominium project and failed to repay a related $4 million loan while flaunting his “lavish lifestyle” on Instagram, a group of lenders said in a collection action filed Tuesday in state court.
Delaware's Supreme Court pressed opposing attorneys Wednesday on just how much protection investors surrendered to a controlling limited liability company member when they waived their company's fiduciary duty obligations and then saw it sold for $43 million in a process likened to a "hostage taking."
A California appeals court on Tuesday affirmed a consultant’s $7.2 million trial win for unpaid work done for online real estate marketplace Ten-X, ruling that the verdict shouldn’t be tossed just because “marginally relevant” evidence about the consultant’s work with another real estate-related business was excluded.
A former Winston & Strawn LLP partner told a California appellate panel on Wednesday that her gender bias suit should not have been sent to arbitration, saying her claims weren't covered by the arbitration provision in her employment contract, which was unlawful anyway.
An AIG unit alleged in New York state court on Wednesday that the owner of an apartment unit and the construction company tasked with renovating it owe the insurer $2.4 million for a claim it paid out after a broken sprinkler head caused water to pour into a neighboring unit owned by a policyholder.
Former Dickstein Shapiro LLP partners accused Blank Rome LLP in California state court Wednesday of defining its move to scoop more than 100 attorneys from the now-defunct Dickstein as an asset sale, rather than a merger, in an attempt to "play cute" and avoid paying them $4 million.
Classes on blockchain and artificial intelligence. Crash courses in business and financial markets. These are a few ways law schools are preparing students for a job market that is struggling in the wake of the recession.
A New York federal judge ruled Tuesday that a Chicago investment fund and its affiliates can’t go after Wells Fargo for more than $100 million in losses they said the bank caused by forcing them to dump their portfolios in the wake of a February financial market flare-up that’s been nicknamed “Vol-mageddon.”
Two home warranty companies on Wednesday urged the New Jersey Supreme Court to enforce their arbitration clause, arguing that a lower appeals court wrongly expanded the alternative dispute resolution language requirements set by high court precedent.
Ericsson Inc. told a Texas federal court Tuesday that claims by HTC America Inc. alleging overpayment for aging standard-essential patents are not legitimately antitrust and should be decided in arbitration rather than in court.
An Arizona federal judge tossed a lawsuit Tuesday that claimed Warner Bros. Entertainment Inc. owes the “Batcycle” creators’ heir profits on merchandise featuring the bike, which was originally made for a 1960s “Batman” television show and movie.
Applebee’s deceived franchisee RMH Franchise Holdings Inc. in the months leading up to RMH’s bankruptcy filing by giving it vague and ambiguous warnings about terminating its franchise agreements, RMH told a Delaware judge Wednesday.
A New Jersey construction business should not have been held liable for all of Trenk DiPasquale Della Fera & Sodono PC’s unpaid legal bills when most of its work was done on behalf of other related parties, the company’s attorney told a state appellate panel Wednesday in seeking to overturn a judgment in the firm’s favor.
A New York federal judge has ordered a group of Nissan dealerships in Manhattan to fork over more than $40 million in defaulted loans, attorneys' fees and miscellaneous expenses springing from a series of deals with Nissan Motor Acceptance Corp. to finance the opening of additional stores.
A Texas federal judge on Wednesday summarily rejected competing bids from Southwest Airlines Co. and Delta Air Lines Inc. to at least partially end a multi-faceted dispute over gate use at Dallas’ Love Field airport.
Barnes & Thornburg LLP continued a trend of growth in its Chicago office with the recent addition of a former Cheng Cohen LLC franchise law specialist to the firm’s litigation department.
The U.S. International Trade Commission said Tuesday that it launched an investigation into whether India-based Mahindra's imported cars rip off the design of Jeep-brand vehicles, disregarding claims from Mahindra that Fiat Chrysler Automobiles breached a contract by asserting the trademark claims before the agency.
Many eyes are on the Delaware Chancery Court to see whether it will compel Fresenius to close on a $4.5 billion acquisition of Akorn. The case, which completed post-trial briefing last week, presents an interesting question about the meaning of stock price as evidence in litigation, say Alexander Berger, an investment consultant, and J.B. Heaton, a lecturer at the University of Chicago Law School.
In the past few years, landlords, investors and developers have shown increased interest in triple-net ground leases of peripheral properties surrounding retail centers. However, they should consider the issues that can pop up when a ground leased parcel is part of a larger commercial development, says Andrew Hodgson of Husch Blackwell LLP.
Many limited liability companies are formed in Delaware because of the state’s well-developed and business-friendly law in this area. But a recent decision in Wenske v. Blue Bell Creameries highlights the level of care with which an LLC's governing agreement must be drafted in order to maximize these ostensible advantages, says Adrienne B. Koch of Katsky Korins LLP.
A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.
Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.
The question as to when a person is receiving a share of partnership income or compensation continues to be a vexing issue. It is valuable to consider the U.S. Tax Court's recent holding in White v. Commissioner in the context of the relatively developed body of law to see how private funds can better structure carried interests and management fee waivers, say Mark Leeds and Guoyu Tao of Mayer Brown LLP.
The CEO Action for Diversity & Inclusion Pledge is an initiative designed to promote diversity in the workplace. However, because its three main elements are extremely broad, the lack of specificity about what a company is committing to could be problematic in a litigation context, say Anthony Oncidi and Seth Victor of Proskauer Rose LLP.
The Eastern District of Virginia is poised to render a decision in Steves & Sons v. Jeld-Wen that may run into the U.S. Supreme Court’s concerns regarding belated challenges to mergers, as well as potentially create uncertainty in the value of pre-merger clearance under the Hart-Scott-Rodino Act, say Derek Dahlgren and Spencer Johnson of Rothwell Figg Ernst & Manbeck PC.
The commonplace reliance upon text messaging in commercial dealings has forced courts to examine the legal implications of texting within the seminal rule that a contract concerning real estate must be signed to be enforced. At the trial court level, some courts have embraced the concept of "contract by text message" as long as some key elements are established, says Peter Carr of Eckert Seamans Cherin & Mellott LLC.
Under the previous version of Pennsylvania's Contractor and Subcontractor in Payment Act, there was no consequence for owners and contractors failing to provide written explanation for withholding payment. However, the act's recent revisions plug that gap, says Patrick Kingsley of Stradley Ronon Stevens & Young LLP.