President Donald Trump is expected Monday night to name his choice to replace Justice Anthony Kennedy. The nomination will give the president his second chance to name a justice to the high court in less than two years, setting up a high-stakes political battle likely to consume the legal world and the nation in the months to come.
Upending decades of case law, a recent ruling by Massachusetts’ high court is likely to change how construction contract breaches are litigated now that contractors have been provided a path toward payment for completed work even if they’ve intentionally broken agreements, experts say.
Workers who received prescriptions through employee health care plans serviced by Anthem Inc. and Express Scripts Inc. fired back Thursday at the companies' claim that drug-pricing choices are "business decisions" exempt from scrutiny under the Employee Retirement Income Security Act, calling that stance a "radical position" with no legal basis.
An Indian court has enforced a nearly $16 million arbitral award issued to a Chinese solar energy company following a dispute over a supply agreement, rejecting an Indian renewable energy company's argument that the award had been issued by the wrong Chinese arbitral institution.
Conflict has reignited between a group of California-based companies and a Chinese investor who accused them of running an EB-5 visa scam, with the alleged fraudsters saying the investor flouted a nondisparagement clause in the parties’ $1.1 million settlement and urging a federal judge not to enforce the deal.
Smartphone buyers urged a California federal judge Friday to certify an antitrust class action accusing Qualcomm of fixing the price of microchips used in cellphones.
Cardi B slapped her former manager on Thursday with at least $15 million in counterclaims after he initially hit her with a $10 million defamation and breach of contract suit, as the rapper alleged in New York federal court that he deceitfully took a large chunk of her royalties and duped her into signing over all of her copyrights for audio or video recordings.
Keybank NA will have to continue to face the bulk of a series of breach of contract claims brought by an online banking service provider that said it lost $28.5 million after Keybank reneged on two agreements, a Massachusetts federal judge ruled on Thursday.
Mortgage lender Quicken Loans Inc. and its affiliates asked a Texas federal court Thursday to dismiss a suit that alleges they stole technology from a property appraisal startup, arguing their accuser has filed different incarnations of the case against others elsewhere and is shamelessly venue-shopping.
The Sixth Circuit ruled Thursday a lower court did not err in sentencing a Kentucky businessman to serve more than nine years in prison and pay $2.6 million in restitution for his role in a scheme that defrauded multiple banks out of $8.1 million, saying the fraudster was the prime beneficiary of the scam.
The Third Circuit on Thursday ruled that a district court erred in holding only one half of a Pennsylvania tech firm’s husband-and-wife owner duo personally liable for discovery misconduct in a business dispute, issuing a precedential decision that clarified state law limits to federal sanctioning authority.
A Maryland federal judge has agreed to reopen a decade-long, multimillion-dollar feud between Penske Truck Leasing Co. and a pension fund, paving the way for the parties to resolve any disputes that remain after an arbitrator ordered the fund to pay Penske more than $12 million.
The Related Companies LP scored $2.1 million in their racketeering and fraud suit against a former business partner and several companies linked to him and can continue with Racketeer Influenced and Corrupt Organization Act claims, according to a New York federal court opinion by U.S. District Judge Jed S. Rakoff filed Thursday.
Susman Godfrey attorneys who spearheaded a $25 million royalties win over Beats Electronics LLC celebrity co-founders Dr. Dre and Jimmy Iovine last week say the case’s key challenge was convincing jurors that their client was an intended third-party beneficiary of a royalty agreement without his name on it.
The founder of Manhattan Software filed suit in Delaware federal court on Thursday alleging software developer Trimble Inc. is violating their share purchase agreement by illegally obstructing the release of $5.8 million in an escrow account based on illegitimate indemnification claims tied to an unrelated settlement.
FirstEnergy Solutions Corp. has asked an Ohio bankruptcy court to find a Pennsylvania auto parts maker in contempt for canceling a supply contract with the bankrupt power generator, saying it is in violation of the Chapter 11 stay.
A Massachusetts federal judge on Thursday denied a bid by a group of technology contractors to hold in contempt a company they say cost them more than $1 million by breaching a contract to provide security cameras for the Iraqi government, concurring with the recommendations of a magistrate judge.
The former chief information officer of a Texas-based financial services company admitted Thursday in New Jersey federal court to accepting nearly $1 million in cash bribes in exchange for his help with securing contracts between the business and two information technology staffing companies in the Garden State.
A Pennsylvania federal judge on Thursday rejected arguments from rapper Rick Ross that he should be cut loose from a lawsuit over a hastily canceled concert appearance because he had not been personally involved in negotiations over the Pittsburgh-area show.
Oracle America Inc. urged a California federal judge on Tuesday to reject HP's bid to sanction the company over allegations that Oracle co-CEO Mark Hurd intentionally deleted hundreds of documents relevant to a copyright suit against the tech giant.
Courts are acknowledging a shifting consumer preference toward electronic mediums. Proposed changes to Rule 23, scheduled to take effect at the end of this year, will officially provide for the use of electronic notice in class actions — a change that could save parties a significant amount of money, say Brandon Schwartz and Maggie Ivey of Garden City Group LLC.
Today's female lawyers stand on the shoulders of several generations of pioneers. Here, historian Jill Norgren explains how the status of women in the legal profession has changed since the 1870s.
Litigants who proffer data obtained from social networking sites like Facebook, Twitter and Instagram must authenticate that data before it will be admitted as evidence. Attorneys with Pepper Hamilton LLP examine decisions from Pennsylvania and other jurisdictions to determine whether courts are imposing a more demanding standard for social media data than other documentary evidence.
While most jurisdictions impose sales tax on lease receipts collected from the equipment lessee, Illinois differs by treating the lessor as the user of the equipment and consequently responsible for Illinois use tax. This presents some unique challenges for lessors, says David Machemer of Horwood Marcus & Berk Chtd.
When counsel finish negotiating and memorializing a business deal, there may be little attention paid to crafting a dispute resolution provision for disputes that may never arise. However, it's important to take the time to craft a straightforward clause that will serve the parties well even when a complex dispute arises years later, says Zela Claiborne of JAMS.
While the U.S. Supreme Court's decision Monday in Epic Systems v. Lewis is a decisive win for employers, it simply preserves the status quo in wage and hour litigation and reaffirms the ability of employers to avoid costly class actions by requiring employees to sign arbitration agreements containing class action waivers as a condition of employment, say Veronica Gray and Allison Callaghan of Nossaman LLP.
The construction industry is currently in a mature cycle, meaning construction skills and costs are very high, but contractor availability is low. A properly worded contract reflecting the cycle's unique benefits and challenges will greatly enhance the prospects of successful project completion, says Drew Colby of Partridge Snow & Hahn LLP.
While the fate of recent bills seeking to prohibit or severely limit employment restrictive covenants is uncertain at best, in New York the employee choice doctrine remains a useful tool in the employer arsenal for restricting post-employment competition if the groundwork is properly created and administered, says Jerome Coleman of Putney Twombly Hall & Hirson LLP.
When negotiating a settlement before incurring the costs of arbitration, counsel may leverage the weight of anticipated arbitration costs by means of a "sealed settlement offer" — thereby putting additional pressure on a counterparty to be realistic in calculating the settlement value, says Mintz Levin member Gilbert Samberg.
With Justice Neil Gorsuch’s majority opinion Monday in Epic Systems v. Lewis, the U.S. Supreme Court revives a toxic idea that was common before the New Deal: the fiction that an individual employee’s waiver of rights in an employment agreement is a voluntary tradeoff — not an illegal power grab by the employer at its time of maximum leverage, says Scott Oswald of The Employment Law Group PC.