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Commercial Contracts
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July 25, 2025
Insurer Says No Defense Owed In Trench Injury Suit
Secura Insurance Co. filed suit Friday asking an Illinois federal court to declare it should not be on the hook for a man's trench injury lawsuit, because the policy it sold to a plumbing company does not cover two other companies alleged to have created a dangerous environment in the trench.
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July 25, 2025
Current And Former Astros Owners Settle On 2nd Day Of Trial
A multimillion-dollar dispute between the current and former owners of the Houston Astros has been settled on the second day of trial.
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July 25, 2025
Property Owner Claims Partner Failed To Develop SC Land
A South Carolina property owner sued its business partner in North Carolina federal court, accusing the company of failing to carry out its promise to develop about 75 acres of land after the county designated the area as historic.
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July 25, 2025
'Yellowstone' Creator's Ranch Dispute Heading Back To Trial
A Texas appeals court affirmed a finding that the former owner of a $10 million ranch knew about a roof leak before selling the property to "Yellowstone" creator Taylor Sheridan, but found there was insufficient evidence to back up a jury's damages award and ordered a new trial.
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July 25, 2025
Punitive Damages Denial Stands In Jack Nicklaus' Fla. Suit
A Florida state judge has rejected legendary golfer Jack Nicklaus' motion to reconsider the denial of a punitive damages claim in a defamation suit against a company Nicklaus founded and two of its officers.
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July 25, 2025
Wellpath Creditors' Bid For Ch. 11 Plan Releases Nixed
A Texas bankruptcy judge Friday ruled that creditors who elected to give releases to non-debtor third parties under prison health care group Wellpath's Chapter 11 plan were not entitled to a release of claims that Wellpath had against them.
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July 25, 2025
Caterpillar Unit Urges 11th Circ. To Revive Loan Default Suit
Caterpillar Inc.'s lending division urged the Eleventh Circuit on Friday to undo a Florida federal judge's dismissal of a suit to recover $4.8 million in loans to a construction machinery seller, arguing its case should go forward even if it hadn't filed "the platonic ideal of a complaint."
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July 25, 2025
Fed. Circ. Punts $17M Drug Arbitration Case To 2nd Circ.
The Federal Circuit said Friday it lacked jurisdiction over a dispute over a $16.6 million arbitral award between two drugmakers, ruling that because it was being asked to consider an arbitration issue and not a patent law issue, the Second Circuit must hear the case.
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July 25, 2025
Law Prof Claims UPitt Mishandled Assault Allegations
A University of Pittsburgh School of Law professor has sued the school and a colleague in Pennsylvania state court, claiming the school mishandled the colleague's accusation of sexual assault against him by failing to follow its own procedures and not taking exculpatory evidence from him.
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July 25, 2025
Historic Conn. Soda Co., Ex-President Settle Unfair Lease Suit
The former president of a century-old Connecticut soft drink company has agreed to settle a lawsuit he filed in state court after he became a minority owner in the company following purchases of company stock by family members.
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July 25, 2025
Hospital Giant To Pay $3.5M Over Nurse Training Repayments
HCA Healthcare Inc., a major U.S. hospital operator, has agreed to pay roughly $3.5 million to settle claims that it unlawfully trapped new nurses in agreements requiring them to repay training costs if they left their jobs within two years, according to a trio of state attorneys general.
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July 25, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the owner of a £6 million ($8 million) mansion once rented by Adele sue real estate consultants Strutt & Parker, Romanian-Australian mining investor Vasile Frank Timis bring a claim against reputation and privacy firm Schillings, and a Chinese businessman bring a legal action against his former lawyer over an alleged £12.5 million mortgage fraud.
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July 25, 2025
Surety Can't Avoid Texas County's $11M Park Bond Dispute
A surety can't escape a county's suit accusing it of breaching a performance bond issued for an $11 million park development project, a Texas appellate court ruled, saying the surety failed to show that a one-year statute of limitations expired before the county filed suit.
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July 25, 2025
Producer Ordered To Pay Union $163K After Romania Shoot
A production company must pay SAG-AFTRA about $163,000 on behalf of actors who worked on a 2019 action film, a California federal judge ruled, finding the company violated the terms of a labor agreement because scenes were shot in Romania.
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July 24, 2025
Genentech Seeks Win After $122M Biogen Royalties Mistrial
Genentech Inc. urged a California federal court Wednesday to rule that Biogen MA Inc. owes $122 million in patent royalties and interest under the "only coherent construction" of their licensing deal, in a rare post-mistrial arrangement that will see the judge step in to deliver the verdict.
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July 24, 2025
NC Judge Reins In Row Over Clinical Trial Software Contract
A 6-year-old breach of contract suit got pruned on its second trip to North Carolina's business court Wednesday, with defendant Pharmaceutical Research Associates Inc. winning partial summary judgment against former PRA employee Neil Raja and the healthcare technology company he founded, Value Health Solutions Inc.
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July 24, 2025
Founder Accuses Execs, Kevin O'Leary Of Patent Forgery
The founder of an agriculture technology company has sued the company she created, several of its executives and Kevin O'Leary of "Shark Tank" in Colorado federal court, alleging the defendants stole her company and intellectual property.
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July 24, 2025
Commission Inflation Suit Spurs COVID Tolling Query In Conn.
A Connecticut judge on Thursday questioned a real estate firm's argument that two antitrust suit plaintiffs misused a COVID-era executive order to enter the case after the statute of limitations would have expired, indicating she was concerned about the broad impact her ruling might have if she found the pandemic-era tolling unconstitutional.
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July 24, 2025
Fiber Co. Tilson Sues Gigapower For Breach Of Contract
Fiber network developer Tilson Technology Management Inc. has filed a lawsuit in Texas against joint venture Gigapower LLC, alleging wrongful breach of contract tied to large-scale infrastructure projects that ultimately pushed Tilson into bankruptcy.
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July 24, 2025
Ex-Astros CEO Says He Fully Trusted Owner During 2011 Sale
A former Houston Astros CEO testified Thursday in state court that the baseball team fully trusted owner Drayton McLane Jr. during his 2011 sale of the team when he said Comcast Corp. could deliver on a plan estimated to be worth $700 million over eight years.
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July 24, 2025
NJ Mall Says Insurers Owe $20M For Prop Helicopter Damage
The owner of the American Dream mall in New Jersey said its insurers wrongfully reduced a $20.5 million claim for loss and damage caused by a decorative 2-ton helicopter falling from the ceiling of its indoor water park, according to a suit removed to federal court Thursday.
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July 24, 2025
Waste Management Unit Sues PE Fund Over Eviction Threat
A Waste Management Inc. subsidiary accused its private equity fund landlord in Colorado state court of wrongfully threatening the company with eviction from its local large waste recycling facility in north Denver.
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July 24, 2025
Kraft Must Face Claims It Stole Overseas Distributor Database
The Kraft Heinz Co. cannot escape a lawsuit accusing it of stealing confidential information from a business that helps U.S.-based consumer goods brands expand their markets internationally by identifying foreign distributors, an Atlanta federal judge has ruled.
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July 24, 2025
Columbia Sportswear Says University Breached Name Deal
Columbia Sportswear Co. has sued Columbia University in Oregon federal court, claiming the university breached a trademark deal over their shared name by making apparel that only said "Columbia" with no other university insignia.
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July 24, 2025
Talent Exec Says Firm Took OnlyFans Clients, Ousted Her
A Massachusetts talent management agency is facing a lawsuit in state court alleging it convinced a smaller competitor to bring her clients, including multiple OnlyFans performers, to the firm, then sidelined her and later broke an agreement to continue paying her commissions after she quit in frustration over her treatment.
Expert Analysis
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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Texas' Cactus Ruling Clarifies 'Produced Water' Rules
The Texas Supreme Court's decision in Cactus Water Services v. COG Operating, holding that mineral interest lessees have the rights to water extracted alongside oil and gas, should benefit industry players by clarifying the rules — but it leaves important questions about royalties unresolved, say attorneys at Yetter Coleman.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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A Look At Trump Admin's Shifting Strategies To Curtail CFPB
The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Google Damages Ruling Offers Lessons For Testifying Experts
The Federal Circuit's recent decision in EcoFactor v. Google represents a shift in how courts evaluate expert testimony in patent cases, offering a practical guide for how litigators and testifying experts can refine their work, says Adam Rhoten at Secretariat.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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Rocket Mortgage Appeal May Push Justices To Curb Classes
Should the U.S. Supreme Court agree to hear Alig v. Rocket Mortgage, the resulting decision could limit class sizes based on commonality under Rule 23 of the Federal Rules of Evidence as opposed to standing under Article III of the U.S. Constitution, say attorneys at Carr Maloney.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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Employer Best Practices For Navigating Worker Separations
As job cuts hit several major industries, employers should take steps to minimize their exposure to discrimination claims, information leaks and enforcement challenges, such as maintaining sound documentation, strategic planning and legal coordination, says Mark Romance at Day Pitney.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
IRS Should Work With Industry On Microcaptive Regs
The IRS should engage with microcaptive insurance owners to develop better regulations on these arrangements or risk the emergence of common law guidance as taxpayers with legitimate programs seek relief in the federal courts, says Dustin Carlson at SRA 831(b) Admin.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.