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Commercial Contracts
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April 01, 2025
French Auto Co., Ford Supplier Settle $4.5M Sensor Suit
A U.S. automotive supplier has resolved its lawsuit accusing a unit of a French automotive company of failing to cover costs incurred from warranty claims because it sold defective speed sensors that were later built into Ford vehicles, according to a Monday order closing the case.
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April 01, 2025
Ex-Manager Asks To Toss Remainder Of Singer's Contract Suit
The former manager for the Season 18 "American Idol" contestant behind the 2022 hit "Fingers Crossed" is hoping to toss what remains of her New York federal lawsuit against him, accusing the artist of trying to stop him from collecting his firm's entitlements under their agreement.
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April 01, 2025
Yale Student Accused Of AI Cheating Can't Sue Anonymously
A Yale University student who was suspended for allegedly using artificial intelligence to cheat on a final exam can no longer shield his identity while he sues the school and officials for damages and a reversal of his discipline, a Connecticut federal judge has ruled.
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March 31, 2025
Insurer Beats Energy Cos.' Settlement Coverage Suit, For Now
A Texas federal court tossed a lawsuit from a group of energy companies accusing Berkley National Insurance Co. of favoring the settlement of one underlying wrongful death lawsuit over another unrelated injury lawsuit, finding the companies' complaint fails to allege they've incurred damages exceeding their policy limits.
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March 31, 2025
Caterpillar Escapes $100M Contract Breach Verdict
A Delaware federal court on Monday vacated $100 million in damages awarded to a defunct equipment importer that accused Caterpillar of interfering with a contract, and also refused to order a new trial for antitrust claims against the manufacturer.
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March 31, 2025
Firm Says Ex-Fin. Adviser Can't Arbitrate Trade Secrets Claims
A Connecticut financial firm told a state court that an ex-adviser can't arbitrate claims that he swiped trade secrets and formed his own competing company, citing the "plain language" of his employment agreement.
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March 31, 2025
Primerica Can't Force Arbitration In $1.4M Theft Suit
Primerica cannot force two women who claim they were the victims of theft totaling $1.4 million to go to arbitration because they did not affirmatively sign an account agreement, a New Jersey appellate panel ruled Monday.
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March 31, 2025
Mich. Judge Dismisses Biz's 'Pump-And-Dump' RICO Suit
A Michigan federal judge on Monday tossed what he called a confusing "power struggle" of a lawsuit from a company accusing its former leaders of conspiring to install a CEO and leading a pump-and-dump scheme, finding that the company was essentially improperly seeking review of a prior state court judgment that it lost.
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March 31, 2025
Costa Rica Dodges Bankrupt Telecom Co.'s $25M Claim
A bankrupt telecommunications company owner's $25 million arbitration against Costa Rica has been discontinued after the owner failed to show he could deposit and maintain a surety bond to secure the costs of the proceedings, according to the country's counsel.
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March 31, 2025
Origins Tech Can't Dodge Counterclaims In $4M Dispute
Origins Tech Inc. and its officers can't get counterclaims against them tossed in a $4 million suit over losses from a loan and the canceled acquisition of a cannabis license, a Utah federal judge ruled on Monday, giving a shareholder the opportunity to amend his counterclaims.
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March 31, 2025
Insurer Denies Coverage For Crushing Death, Alleging Lies
A wood company's insurer said it owed nothing in connection with the crushing death of a recycling company worker who was killed by equipment rented from the wood seller, telling a California federal court that its insured misrepresented itself when claiming it didn't lease equipment on its coverage application.
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March 31, 2025
Feds' Race Bias Suit Should Target Appraiser, Rocket Says
Rocket Mortgage LLC has urged a Colorado federal court to dismiss the federal government's race discrimination suit against the mortgage lender, an appraisal management company and an appraiser, arguing it is not responsible for what the appraiser purportedly did.
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March 31, 2025
NC Judge Axes Mexican Truck Co.'s $70M Volvo Suit
A North Carolina federal judge tossed out a Mexican trucking company's $70 million suit against Volvo Group North America LLC in a one-page order adopting a magistrate judge's recommendation that the case be dismissed for leaving out "necessary and indispensable parties" for the contract claims to survive.
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March 31, 2025
'American Idol' Singer Wants Early Win In Contract Fight
Songwriter and former "American Idol" contestant Lauren Spencer-Smith, who rose to fame when her 2022 song "Fingers Crossed" went viral on TikTok, is seeking an early win for her New York federal lawsuit's breach of fiduciary and contractual obligations and faithless servant allegations, saying Saturday that the defendants "took the trust that was reposed in them as Spencer-Smith's attorneys and agents, and used that trust for their own benefit to the detriment of Spencer-Smith."
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March 28, 2025
Colo. Beats Amgen's Drug Price Cap Challenge, For Now
A Colorado federal judge Friday threw out Amgen's challenge to the Centennial State's drug price cap system, finding that Amgen is not subject to "direct regulation" under the law it's challenging and therefore doesn't have standing to sue.
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March 28, 2025
Chance The Rapper Can't Whittle Biz Fight With Ex-Manager
Chance the Rapper cannot ditch his ex-manager's claim for three years of commission payments under a contract he allegedly violated, an Illinois state court judge has said, rejecting the artist's assertion that the claim was statutorily barred.
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March 28, 2025
Bitcoin Mining Insurance Co. Sued In Del. For $32M Breach
A financial products and services venture sued individuals and companies behind a purported bitcoin mining "total protection" insurance plan in Delaware's Court of Chancery Friday, alleging failures to honor commitments to pay out up to $32.7 million in customer returns on nearly $7 million in investments.
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March 28, 2025
Dr. Martens Maker Moves To Keep Shein TM Fight Alive
The maker of Dr. Martens shoes said an affiliate of fast-fashion giant Shein shouldn't be able to dodge accusations of selling knockoff products and violating the terms of a previous intellectual property settlement agreement, arguing it has sufficiently laid out its case.
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March 28, 2025
Grocery Vendor Gets $3M In Atty Fees In Bony Chicken Case
A Washington federal judge has awarded an Evergreen State grocery vendor about $3 million in attorney fees following its $10.5 million jury trial win in its case blaming a poultry producer for a lost chicken burger deal with Trader Joe's, acknowledging the "excellent work" of the plaintiff's counsel while stopping short of granting the full $4.5 million fee request.
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March 28, 2025
Edtech Co. Instructure Faces Parent Suit Over Data Harvesting
Education technology company Instructure, which claims to offer the nation's second most widely used learning management system, faces a suit brought by parents alleging that the company's "massive data-harvesting apparatus" violates the constitutionally guaranteed privacy rights of school-age children.
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March 28, 2025
Google Privacy Fight Raises 'Classic' Trial Issues, Judge Says
A California federal judge Friday doubted consumers' bid to certify a class of Chrome users in a revived lawsuit accusing Google of surreptitiously collecting their data while also observing that the case raises "classic" trial questions and asking how else Americans could "tell corporations what they believe to be offensive?"
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March 28, 2025
Wash. Uber Driver Fails To Upend Arbitration Over Termination
A Washington federal judge has thrown out an ex-Uber driver's case seeking to block the ride-hailing company from forcing him to settle his wrongful termination dispute in arbitration, despite the plaintiff's argument that a 2024 U.S. Supreme Court ruling upended the company's case for arbitration.
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March 28, 2025
Singapore Court Chides Indian Hotel Owner In Hilton Feud
A Singapore appellate court on Friday refused to set aside arbitral awards favoring certain Hilton entities in a dispute over a management deal with the owner of a luxury Indian hotel, in an opinion that cautions litigants against launching unmeritorious "backdoor" appeals challenging arbitral awards.
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March 28, 2025
NY Ski Resort Co. Appealing Court's Antitrust Ruling
A New York ski resort operator told a state court on Friday that it's appealing the state's victory in its antitrust suit, which alleged that the operator purposefully closed a local competitor after acquiring it.
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March 28, 2025
Ex-MLB Player Says Pro-Gun Social Media Site Duped Him
Former catcher and current TV commentator for the Pittsburgh Pirates Michael McKenry claims he was duped into investing in a "pro-Second-Amendment" online video platform with false promises of social media reach and growth, in a lawsuit in Pennsylvania state court seeking his money back.
Expert Analysis
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Testing The Waters As New Texas Biz Court Ends 2nd Month
Despite an uptick in filings in the Texas Business Court's initial months of operation, the docket remains fairly light amid an apparent wait-and-see approach from some potential litigants, say attorneys at Norton Rose.
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How DOJ's Visa Debit Monopolization Suit May Unfold
The U.S. Department of Justice's recently filed Section 2 monopolization suit against Visa offers several scenarios for a vigorous case and is likely to reveal some of the challenges faced by antitrust plaintiffs following the U.S. Supreme Court's split 2018 American Express decision, say attorneys at Mintz.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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There's No Crying In Property Valuation Baseball Arbitration
The World Series is the perfect time to consider how the form of arbitration used for settling MLB salary disputes — in which each side offers competing valuations to an arbitrator, who must select one — is often ideal for resolving property valuation disputes, say Sean O’Donnell at Herrick Feinstein and Mark Dunec at FTI Consulting.
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Navigating Fla.'s Shorter Construction Defect Claim Window
In light of recent legislation reducing the amount of time Florida homeowners have to bring construction defect claims, homeowners should be sure to understand their rights and responsibilities regarding maintenance, repairs and inspections set forth in developer-drafted documents, say Brian Tannenbaum and Nicholas Vargo at Ball Janik.
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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.