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Commercial Contracts
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August 13, 2024
United Customer's Greenwashing Suit Preempted, Judge Says
A Maryland federal judge ruled Tuesday that federal law preempts a proposed class action alleging United Airlines misled customers by deceptively marketing its use of sustainable aviation fuels and its efforts to be green and carbon-neutral.
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August 13, 2024
Ga. Justices To Weigh Arbitrator's Closed-Door Discussions
The Georgia Supreme Court on Tuesday agreed to weigh if an arbitrator's ex parte communications with BioTek Services LLC in an allergy testing payment dispute warranted vacating BioTek's $1.7 million arbitration award over compensation for its testing of patients from Docs of CT LLC.
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August 13, 2024
Colo. Atty Says Prior Firm Took Clients, Retained Funds
A lawyer has sued a small law office in Colorado state court, alleging it asked his clients to switch counsel right before the attorney was set to leave the firm and that the law office is trying to get around a provision of his employment agreement that said he could take the clients, as well as their retainer, upon his departure.
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August 13, 2024
Ex-McCarter & English Client Wants To Undo Malpractice Loss
A New Jersey pharmaceutical business is urging a New Jersey state court to reconsider its decision to throw out the company's malpractice case against McCarter & English LLP, saying the firm "brazenly" misstated part of the timeline of the case's lengthy history.
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August 13, 2024
Ski Resort, Insurer End COVID Closure Suit Days Before Trial
Colorado ski resort company Alterra and its insurer agreed to settle a lawsuit over coverage for coronavirus pandemic shutdowns, shortly after a state judge limited Alterra's potential recovery to $1 million.
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August 13, 2024
Conn. Trial Attys Back McCarter's Bid For Punitive Award
The Connecticut Trial Lawyers Association has asked the state Supreme Court for permission to file a friend-of-court brief supporting McCarter & English LLP's bid for a punitive payout after winning multimillion-dollar judgments in a contract dispute with a former client.
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August 13, 2024
Insurer Owes $18M For Lost Wind Farm Deals, Suit Says
Belgium-based insurer QBE Europe SA/NV should be held liable for more than $18 million in losses suffered by former partners in a now-scuttled joint venture with a Danish company to build vessels for the wind farm industry, as it failed to make a good faith effort to resolve the dispute, a lawsuit filed Monday in Massachusetts federal court contends.
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August 12, 2024
Nasdaq Isn't Immune From Racial Bias Claims, Investor Says
The Nasdaq Stock Market isn't immune from racial discrimination claims because such claims are "simply too different" from the claims it actually is protected from as a self-regulatory organization, an investor in a minority-led special purpose acquisition company has argued.
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August 12, 2024
PE Firms Aim To Escape RICO Suit Over Inadequate Claims
Investment firms Advantage Capital Holdings and 777 Partners separately have asked a federal judge in New York to toss a Racketeer Influenced and Corrupt Organizations suit whose allegations include fraud, saying the plaintiff failed to sufficiently plead its claims.
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August 12, 2024
Ogborn Mihm Says Ex-Clients Won't Pay Fees On $2M Win
Ogborn Mihm LLP accused two former clients Friday of refusing to pay the full $800,000 contingency fee for their $2 million personal injury suit settlement.
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August 12, 2024
9th Circ. Won't Rethink Upending Sutter Health Antitrust Win
The Ninth Circuit refused Monday to reconsider a panel's split decision overturning Sutter Health's defeat of insurance plan purchasers' $400 million antitrust suit, summarily rejecting hospital system arguments that the court wrongly put in play corporate "purpose" and decades-old communications.
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August 12, 2024
WWE Accuser Says Doc's Lawsuit Threat Meant To Silence Her
A celebrity doctor with alleged ties to World Wrestling Entertainment Inc. and ex-CEO Vince McMahon should be sanctioned for filing a "vexatious" presuit discovery request in an effort to intimidate the woman who claimed the company and former executives sexually abused and trafficked her, she argued in a Monday motion.
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August 12, 2024
Tesla Subcontractors Didn't Violate FCA, 9th Circ. Rules
The Ninth Circuit on Monday refused to revive two foreign workers' whistleblower suit against companies tapped to provide a Tesla construction project with laborers, ruling in a published opinion that the companies didn't defraud the government by seeking cheaper work visas.
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August 12, 2024
Navy Federal, Recording Software Co. Want Privacy Suit Nixed
Navy Federal Credit Union customers can't bring an invasion of privacy class action over the credit union's use of artificial intelligence software to analyze and record customer calls, in part because its recording practices were appropriately disclosed, the nation's largest credit union has argued.
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August 12, 2024
Ryan LLC Gets HR Group Assist In Noncompete Fight
The Society for Human Resource Management threw its weight behind Dallas-based tax company Ryan LLC in the company's ongoing fight to preserve noncompete agreements, saying in a Texas federal court Monday that without nationwide relief, HR professionals and companies will suffer damages "that cannot be fully calculated."
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August 12, 2024
Colo. Brewery And Ex-Manager Settle Embezzlement Suit
A Colorado brewery and its ex-manager accused of embezzling more than $600,000 for his own business agreed to permanently dismiss a lawsuit, one day after a state judge let the brewery seek punitive damages in the case.
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August 12, 2024
Gamers Freed From Arbitration Take On Valve's 30% Cut
Valve, the operator of the dominant PC game marketplace Steam, is facing a new proposed class action accusing the company of monopolizing the gaming market to artificially inflate prices, this time from a group of plaintiffs who say they have overcome the company's arbitration agreements.
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August 12, 2024
UMich Sued By Reseller Over Football Season Ticket Revamp
A ticket reseller alleges that the University of Michigan used deceptive business practices to entice the company to funnel millions of dollars into the school in exchange for certain season ticketholder perks, only to abruptly reverse course, costing the plaintiff millions in future revenue.
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August 12, 2024
Markel Says No Coverage For Film-Financing Scheme Claims
A Markel unit said it has no duty to defend or indemnify a wealth manager or his companies against underlying claims that they misled investors into financing various film projects, telling an Illinois federal court that their policy bars coverage for claims arising out of the sale of securities.
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August 12, 2024
Construction Co. Says Tribe Can't Escape $1.9M Wage Suit
A New York construction company is fighting a bid by an entity created by the Mashpee Wampanoag Tribe to dismiss a $1.9 million wage dispute for work done on an $11.75 million Cape Cod, Massachusetts, housing project, arguing that sovereign immunity can't protect it from the litigation.
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August 12, 2024
Proofpoint Seeks To Double $13.5M IP Trial Win At 9th Circ.
Software company Proofpoint urged the Ninth Circuit to find the lower court erred in denying it exemplary damages that could have doubled its $13.5 million trade secret theft verdict, arguing that a jury should've decided the issue and the ruling violated Proofpoint's Seventh Amendment rights to a jury trial.
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August 12, 2024
NC Court Won't Stop 'Ultimate Relief' In Mogul's $524M Case
The North Carolina Court of Appeals refused on Monday to issue an immediate halt to a court-ordered receiver being appointed to manage the assets of convicted insurance mogul Greg Lindberg, saying it would consider blocking the appointment after further court proceedings.
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August 12, 2024
Lending Co. Best Egg Can Arbitrate Interest Rate Dispute
Online lender Best Egg can force arbitration of a proposed class action claiming it charged borrowers unlawfully high interest rates, with a Pennsylvania federal judge ruling an online checkbox is enough to indicate borrowers' consent to arbitrate.
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August 12, 2024
Philly Shop Blames HVAC Contractor For Fire
A boutique operating on the ground floor of a Masonic meeting hall in Philadelphia's Chestnut Hill neighborhood has filed a lawsuit in state court blaming an HVAC contractor for a 2022 fire that severely damaged the building and its business.
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August 12, 2024
Co. Says Title Insurer Acted In Bad Faith Over Deed Dispute
An owner of two adjacent parcels of land in Philadelphia accused its title insurer in Pennsylvania state court of ignoring its repeated requests to settle an underlying deed dispute and basing its coverage position on an "obviously nonsensical and unsupportable" appraisal.
Expert Analysis
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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DC Circ. Ruling Heightens HHS Contract Pharmacy Challenges
The D.C. Circuit's recent ruling that the Section 340B program does not bar manufacturers from restricting deliveries of discounted drugs to contract pharmacies represents a second strike against the U.S. Department of Health and Human Services' current contract pharmacy policy and raises the stakes surrounding an upcoming Seventh Circuit ruling on the same issue, say attorneys at Foley Hoag.
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Trending At The PTAB: Real Party In Interest And IPR
The Patent Trial and Appeal Board’s recent Luminex v. Signify decision, finding a complaint seeking indemnification may be treated as a public demand sufficient to establish a real party-in-interest, shows that the board continues to apply a broad and expansive definition to that term, say Yicong (Eve) Du and Yieyie Yang at Finnegan.
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How Employers, Attorneys Can Respond To Noncompete Ban
As the Federal Trade Commission's recently issued noncompete ban faces ongoing legal challenges, now is a good time for employers to consider whether they want to take a wait-and-see approach before halting use of noncompetes and for practitioners to gain insight into other tools available to protect their clients' business interests, says Jennifer Platzkere Snyder at Dilworth Paxson.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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CFPB's Expanding Scope Evident In Coding Bootcamp Fine
The Consumer Financial Protection Bureau's recent penalty against a for-profit coding bootcamp that misrepresented its tuition financing plans is a sign that the bureau is seeking to wield its supervisory and enforcement powers in more industries that offer consumer financing, say Jason McElroy and Brandon Sherman at Saul Ewing.
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4 Arbitration Takeaways From High Court Coinbase Ruling
The U.S. Supreme Court's May 23 decision in Coinbase v. Suski, which provides clarity to parties faced with successive contracts containing conflicting dispute resolution provisions, has four practical impacts for contracting parties to consider, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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The Effects Of New 10-Year Limitation On Key Sanctions Laws
Recently enacted emergency appropriations legislation, doubling the statute of limitations for civil and criminal economic sanctions violations, has significant implications for internal records retention, corporate transaction due diligence and government investigations, say attorneys at Greenberg Traurig.
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Supply Chain Considerations For Companies Deploying AI
Many businesses will risk failure by embracing artificial intelligence without fully understanding the risks, and the value of a five-step AI supply chain analysis cannot be overstated, say Brooke Berg and Nathan Staffel at Nardello & Co.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Key Lessons From Recent Insurance Policy Reform Litigation
A review of recent case law reveals the wide range of misunderstandings that may arise between insurers and policyholders in the purchase and renewal of insurance policies, as well as the utility — and the limits — of reformation and related remedies for these misunderstandings, say Jad Khazem and Seth Tucker at Covington.
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Compliance Considerations For New Data Protection Law
Sam Castic at Hintze Law discusses how to determine if your organization is covered by the newly enacted Protecting Americans' Data from Foreign Adversaries Act, the scope of the law's restrictions, and how to go about compliance as its June 23 effective date approaches.