Commercial Contracts

  • February 23, 2015

    Texas' Top Court Asked To Eye Wal-Mart Optometrists' Award

    The Fifth Circuit on Friday asked the Texas Supreme Court to determine whether optometrists working in Wal-Mart Stores Inc.  locations are entitled to civil penalties after a jury found they were pressured by the retailer to stay open longer, in violation of state law.

  • February 23, 2015

    REIT DiamondRock's GC Sees Shift To Franchise Deals

    Hotel owners are gaining more leverage in management negotiations and are turning away from management agreements and toward franchise deals, which have third parties — as opposed to household names like Marriott and Hilton — manage their properties, DiamondRock Hospitality Co. general counsel William J. Tennis told Law360 in a recent interview.

  • February 23, 2015

    Whistleblower Defends Fees Demand In $1.9M FCA Row

    A whistleblower on Friday argued military contractor DHS Technologies LLC should pay all attorneys' fees and costs after a $1.9 million settlement over allegations it overcharged the government on emergency mobile shelter purchases, dismissing the contractor’s bid for a reduced bill.

  • February 23, 2015

    Chrysler Dodges Some Claims In 'Death Wobble' Class Action

    A California federal judge on Friday trimmed claims in a class action accusing Chrysler Group LLC of concealing a defect that causes some of its Dodge Ram pickup trucks to lose steering control and shimmy excessively, tossing express warranty claims but keeping implied warranty and consumer protection claims in play.

  • February 20, 2015

    Trump's Fight To Wipe Name Off Bankrupt Casino Is Back On

    Donald Trump can resume his fight to take the “Trump” out of the Trump Taj Mahal, as a Delaware bankruptcy judge agreed Friday to let the celebrity entrepreneur move forward with a breach of contract suit against the casino's bankrupt owner.

  • February 20, 2015

    Testimony In NML's Argentina Bond Fight Ordered Unsealed

    A Nevada federal magistrate responding to a journalist's request said he will unseal the deposition of a law firm employee at the center of NML Capital Ltd.'s $1.7 billion search for judgment money in its bond fight with the government of Argentina, according to a Thursday order.

  • February 20, 2015

    Texas High Court To Mull Gas Delivery Charges After All

    The Texas Supreme Court on Friday agreed to review an appellate court ruling that Kachina Pipeline Co. improperly charged an energy developer for the cost of compression that helped transport his natural gas to a processing plant, more than four months after originally denying the company's petition.

  • February 20, 2015

    Schnuck Says Banks' Breach Suit Doesn't Hold Water

    Midwestern grocery store chain Schnuck Markets Inc. is urging an Illinois federal judge to toss a lawsuit brought by banks that incurred losses following a 2013 data breach, arguing that it owes no legal duty to reimburse the banks for fraudulent charges and reissued credit cards.

  • February 20, 2015

    NJ Judge Tosses Publisher's Fraud Suit Against IT Cos.

    A New Jersey judge on Wednesday tossed the fraud lawsuit of North Jersey Media Group Inc., the publisher of The Record and other newspapers, claiming a former executive and technology vendors scammed the company during an eight-year period, finding that the claims were mere buyer's remorse.

  • February 20, 2015

    Ex-Heller Ehrman Client Seeks Third Shot At $20M Claim

    Ex-Heller Ehrman LLP client Paravue Corp. urged a California federal judge Friday to grant the bankruptcy judge overseeing the defunct firm's liquidation the authority to revisit his ruling shooting down Paravue's bid for more than $20 million in claims, saying the bankruptcy judge wrongly found he lacked jurisdiction.

  • February 20, 2015

    Lockheed Says Goodyear Can't Revive Fee Bid In Cleanup Row

    Lockheed Martin Corp. asked the Sixth Circuit on Wednesday to uphold a lower court’s ruling that Goodyear Tire & Rubber Co. cannot recoup attorneys' fees and litigation costs incurred while defending itself in an earlier suit in which Lockheed tried and failed to recover CERCLA cleanup costs.

  • February 20, 2015

    Pepsi Sticks To Its Guns In $8.8M Wendy’s Contract Dispute

    PepsiCo Sales Inc. urged a North Carolina federal judge on Thursday to toss a lawsuit brought by a major Wendy's International LLC franchisee looking to duck out of a 10 million-gallon soft drink purchase agreement, claiming the plaintiffs are on the hook for $8.8 million and have failed to prove a breach of contract.

  • February 20, 2015

    DC Circ. Says FERC Can Regulate Trans-Alaska Pipeline Rates

    The D.C. Circuit gave its approval to a cost-sharing agreement controlling shipping rates along the Trans-Alaska Pipeline System that had been challenged by Tesoro Alaska Co., ruling Friday that the Federal Energy Regulatory Commission could indirectly regulate intrastate oil prices as a byproduct of its interstate powers.

  • February 20, 2015

    Judge Won't Transfer Barnes & Noble HP Tablet Row To NY

    A California federal judge denied Barnes & Noble's bid to transfer to New York a putative class action claiming it misled customers into buying discounted Hewlett-Packard Co. tablets, only to cancel their orders within hours, saying the lead plaintiff is located in the state where the retailer also has a number of stores.

  • February 20, 2015

    Sidley Austin Atty Accused Of Stealing Client's Idea

    Sidley Austin LLP partner Stephen Blevit has been slapped with a suit in Los Angeles court by a former client, claiming the attorney was hired to help him develop an online sports sweepstakes business, only to have Blevit steal the idea for himself and cut the client out of the company.

  • February 20, 2015

    Auto Dealer Groups Urge 6th Circ. To Rehear Chrysler Ruling

    The Michigan Auto Dealers Association and Detroit Auto Dealers Association have joined the chorus of voices asking the Sixth Circuit to reconsider its finding that federal legislation preempts state laws that would allow state officials to review the reinstatement of some dealerships severed by Chrysler during its bankruptcy.

  • February 20, 2015

    Minority Powerbrokers Q&A: Goldberg Segalla's Joseph Hanna

    Investing time in mentoring and creating opportunities for associates is critical. They cannot be treated solely as research workhorses, says Joseph Hanna, chairman of Goldberg Segalla LLP's sports and entertainment practice group and founder of nonprofit Bunkers in Baghdad.

  • February 19, 2015

    Morgan Stanley SOX Whistleblower Sues Over Retaliation

    A former Morgan Stanley employee filed a False Claims Act suit in Tennessee federal court Thursday, claiming he was fired, harassed and slandered for working with federal authorities to report insider trading and Sarbanes-Oxley violations at the firm.

  • February 19, 2015

    Calif. Appeals Court Sends Iskanian Questions To Trial Judge

    A California appeals court on Thursday directed both sides in the landmark Iskanian arbitration waiver case to brief the trial court on a series of questions, including whether the suit's Private Attorneys General Act cause of action should be split from other claims.

  • February 19, 2015

    Ex-Greenberg Client Wants Fraud Claims Revived Against Firm

    A jewelry designer who is suing Greenberg Traurig LLP for malpractice urged a New York state appeals court Thursday to revive several attorney misconduct-related claims in a suit accusing the firm of acting solely in her sister’s interests while representing them both in an underlying trademark fight.