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Commercial Contracts
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January 03, 2025
AIG Seeks $302K For Water Damage At NFL Player's NJ Home
An AIG insurer said it's entitled to recover nearly $302,000 from a contractor and plumbing company for flood damage to a Philadelphia Eagles player's Garden State home, telling a New Jersey federal court that the companies improperly installed the wrong piece of hardware when renovating the property.
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January 03, 2025
Ga. Law Firm Says Investment Co. Dodging $182K Bill
A Michigan-based investment firm is facing allegations it dodged paying more than $180,000 in legal fees owed to an Atlanta-area law firm, according to a suit removed to Georgia federal court Friday.
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January 03, 2025
Missed Deadline Bars Startup Investors' Conspiracy Claims
A three-year statute of limitations — missed by a little more than a month — dooms civil conspiracy claims in a lawsuit alleging that partners in a venture capital firm created "sham" independent contractor agreements with a firm controlled by one of its partners to charge "massive and inexplicable" fees, a Massachusetts judge has ruled.
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January 03, 2025
Biogen Not On Hook For Disruptions Caused By Landlord
Biogen Inc. did not breach the terms of a sublease with biopharma components manufacturer Brammer Bio and bears no responsibility for any claimed losses suffered by Brammer during a construction project by the building's owner, a Massachusetts judge has concluded.
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January 03, 2025
Ala. Judge Won't Recuse In Talc Fight Due To Law Firm Work
An Alabama federal judge will not recuse himself from a fight between two leading plaintiffs law firms in the multibillion-dollar litigation over Johnson & Johnson's tainted talcum powder, saying Friday that his previous representation of Beasley Allen Law Firm won't bias him against Smith Law Firm PLLC.
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January 03, 2025
Pa. Homebuyers Say Broker Misled Them On Chicken Ban
A pair of Pennsylvania homebuyers told a state court on Jan. 2 they have buyer's remorse after being misled by broker Coldwell Banker Real Estate Services LLC about a homeowners association's ban on chickens living on their property.
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January 03, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Chris Eubank Jr. hit with a libel claim from a boxing promoter, a perfume boss face proceedings from his businesses following sanctions violations claims, and Israeli broadcasters file intellectual property claims against BT and Sky. Here, Law360 looks at these and other new claims in the U.K.
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January 02, 2025
IBM And GlobalFoundries Settle Contract, Trade Secret Suits
IBM and semiconductor maker GlobalFoundries US Inc. have settled lawsuits lodged against each other in which IBM accused GlobalFoundries of breaching a $1.5 billion manufacturing deal, while GlobalFoundries accused IBM of unlawfully disclosing its confidential trade secrets, the companies announced Thursday.
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January 02, 2025
Fox Rothschild Atty Beats Trade Secret Theft Allegations
A federal judge in New Jersey says a company trying to develop cancer drugs had waited too long to sue its former patent lawyer after he allegedly "confessed" over five years ago to helping a Chinese rival file a patent application that allegedly misappropriated trade secrets.
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January 02, 2025
9th Circ. Partly Revives Casino ATM Contract Dispute, Again
A unanimous panel of the Ninth Circuit partially reversed a bench trial verdict Thursday in two merchant service companies' dispute, in which a payment processor alleged a business it partnered with breached their contract by failing to adapt to chip-based credit card technology by a key deadline, reinstating the case for a second time.
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January 02, 2025
Samsung Sued Over Alleged PFAS In Galaxy Watch Wristbands
Samsung has been putting "forever chemicals" in the wristbands it sells for its smartwatches and fitness trackers, according to a proposed class action filed in California federal court by a Los Angeles resident who cites a newly published scientific study.
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January 02, 2025
'It Ends With Us' Director Sues NYT Over Blake Lively Story
"It Ends With Us" director and actor Justin Baldoni has filed a $250 million defamation lawsuit accusing The New York Times of amplifying co-star Blake Lively's "unverified and self-serving narrative" that he orchestrated a public relations smear campaign in retaliation for sexual harassment complaints.
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January 02, 2025
Startup Wants New Trial After TransUnion Undoes $18M Loss
A Sixth Circuit panel was wrong to affirm that a startup must come away empty-handed from a dispute with TransUnion LLC over a partnership to develop an online insurance quote marketplace, the startup said in asking the panel to give it a new trial instead of throwing out its jury win completely.
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January 02, 2025
Trucking Software Co. Sued Over Alleged Trade Secrets Theft
A technology company that offers solutions to shippers, carriers and logistics service providers has filed suit against Southern Motor Carriers Association Inc. and one of its board members, alleging they interfered with its contractual and business relations and misappropriated trade secrets related to one of its software packages.
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January 02, 2025
Colo. Justices To Mull Whether Hertz Qualifies As An Insurer
The Colorado Supreme Court will consider whether a rental car company offering insurance coverage to customers qualifies as an insurer under the state's insurance statutes, thereby potentially exposing it to additional liability for claims that it denied coverage in bad faith.
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January 02, 2025
Amazon Gets Zulily's Antitrust Suit Trimmed, For Now
A Seattle federal judge trimmed a lawsuit brought by now-defunct online retailer Zulily that accuses Amazon of using its monopoly power to shut out competition from other online retailers, tossing conspiracy and state consumer protection law claims, but allowing Zulily to rework its complaint.
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January 02, 2025
Amazon Says FTC Stalling Discovery In Prime Sign-Up Suit
Amazon said the Federal Trade Commission is stonewalling discovery efforts vital to showing that the agency knew a federal law protecting online shoppers from deceptive billing practices was vague, in an enforcement action accusing the e-commerce giant of duping customers onto signing up for Prime subscriptions.
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January 02, 2025
Amazon Used Forfeited 401(k) Cash For Self Gain, Suit Says
Amazon violated federal benefits law by using millions in abandoned retirement plan funds to its own benefit by offsetting its own contributions instead of using the extra cash to cut down on expenses, according to a worker's proposed class action filed in Washington federal court.
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January 02, 2025
7th Circ. Won't Review $3.4M Faulty Work Coverage Ruling
The Seventh Circuit declined to review a ruling requiring an insurer to defend an architectural design firm and its owner against faulty work claims seeking more than $3.4 million in damages.
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January 02, 2025
6th Circ. Revives Mercedes Vehicle Fire Coverage Claims
The Sixth Circuit has ruled that Mercedes-Benz's North American research entity was not entitled to summary judgment in an insurance suit over a fire at a testing facility and that a lower court must consider whether the "hazardous materials" that started the fire should have been on the property.
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January 02, 2025
Insurer Shorting Autism Provider On Required Care, Suit Says
Harvard Pilgrim Health Care has underpaid a group of autism therapy centers by at least $1 million for treatments they provided after the insurer authorized the care, according to a lawsuit filed in Massachusetts state court.
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January 01, 2025
The Top Sports & Betting Cases To Keep An Eye On In 2025
The name, image and likeness class action the NCAA settled in 2024 for $2.78 billion was a long time coming and packs a punch that will be felt for years to come. It overshadowed other ongoing, status quo-rocking litigation involving the NFL, NBA, MLB and more. Here, Law360 looks at the top sports and betting cases the legal world will be watching in 2025.
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January 01, 2025
Patent Policy To Watch In 2025
Patent attorneys are awaiting new leadership at the U.S. Patent and Trademark Office and the U.S. International Trade Commission, and are tracking several bills in Congress. Here's what else they should be following in the new year.
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January 01, 2025
Patent Cases To Watch In 2025
The Federal Circuit has taken on a rare en banc patent case looking at damages, while the U.S. Supreme Court has been asked to review when foreign damages can be incorporated into patent awards. Here's what you need to know about these cases and others that attorneys are keeping an eye on in 2025.
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January 01, 2025
Trials To Watch In 2025
The coming year will bring the first bellwether trials in the closely watched federal baby formula mass litigation, the first courtroom battle over a COVID-19 vaccine patent and six major retailers' case against Visa and Mastercard over card swipe fees.
Expert Analysis
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Why Diversity Jurisdiction Poses Investment Fund Hurdles
Federal courts' continued application of the exacting rules of diversity jurisdiction presents particular challenges for investment funds, and in the absence of any near-term reform, those who manage such funds should take action to avoid diversity jurisdiction pitfalls, say attorneys at Sher Tremonte.
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Webuild Ruling Complicates Arb. Award Enforcement In US
A Delaware federal court's recent decision in Sociedad Concesionaria Metropolitana de Salud v. Webuild, if read literally, could undercut the United States' image as a proarbitration jurisdiction by complicating creditors' efforts to enforce awards against property in this country, says Jeff Newton at Omni Bridgeway.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Bristol-Myers Win Offers Lessons For Debt Security Holders
A New York federal judge's recent dismissal of a $6.4 billion lawsuit against Bristol-Myers Squibb, due to plaintiff UMB Bank's lack of standing, serves as an important reminder to debt security holders to obtain depositary proxies before pursuing litigation, say attorneys at Milbank.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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How To Avoid Risking Arbitration Award Confidentiality In NY
Though a Second Circuit decision last year seemed to create a confidentiality safe harbor for arbitration awards that had no ongoing compliance issues, a recent New York federal court ruling offers further guidance on the meaning of "ongoing compliance issues," says Matthew Iverson at Nelson Mullins.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Review Shipping Terms In Light Of These 3 Global Challenges
Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.
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Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'
A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.