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Commercial Contracts
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November 21, 2024
Bettor Wants Class Cert. In Suit Over DraftKings' Voided Bet
A man suing DraftKings over a canceled NBA wager he says would have put $150,000 in his pocket has asked an Indiana federal court to certify a class of 99 bettors, including himself, affected by the axed transaction.
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November 21, 2024
$1.5M Georgetown Tuition Refund Deal Closer To Final OK
A D.C. federal judge appears poised to give final approval to a $1.5 million settlement resolving claims over Georgetown University's move to remote instruction during the COVID-19 pandemic, but his skepticism that a graduate student outside the settlement class should score a $1,000 service award dissuaded him from granting final approval Thursday.
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November 20, 2024
Canadian Court Revives Award In $7M Coffee Franchise Fight
An appeals court in Ontario has revived a CA$10 million ($7.1 million) arbitral award issued in a franchising dispute stemming from the expansion of an Israeli coffee bar chain into Canada, rejecting a lower court's conclusion that the arbitrator had breached his duty of disclosure.
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November 20, 2024
NC Judge Trims Suit Against Investor Over Fla. Restaurant
A North Carolina state court judge has trimmed a lawsuit that a restaurateur brought against an investor over funding of a restaurant in the heart of Miami Beach, dismissing claims of breach of settlement agreement, fraudulent inducement and deceptive trade practices but declining to toss the complaint altogether.
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November 20, 2024
Wash. Judge Questions Startup's Amazon Antitrust Claims
A Washington federal judge on Wednesday suggested that antitrust claims might not survive in a startup's complaint against Amazon Web Services involving a dispute over higher-speed internet connections in the Middle East that allowed the startup to cater to its customer Epic Games.
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November 20, 2024
Attys Get $9K After Seeking $578K For Defending Safeway
A California federal judge awarded about $8,800 in fees to two firms that requested $578,000 after defending Safeway from a contractor's 2021 lawsuit, saying Wednesday that the figure shouldn't come as a surprise because the attorneys simply pointed to a request-for-proposal document to defeat the suit's breach of contract allegations.
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November 20, 2024
Gas Bill Challenge Finds Little Purchase With Colo. Justices
Colorado Supreme Court justices questioned Wednesday why a state regulator-backed plan to charge customers for extra natural gas ahead of a snowstorm was unreasonable, appearing to dash a company's challenge to its utility bill.
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November 20, 2024
Colo. Justices Doubtful Students' COVID Fee Suit Will Survive
Colorado's justices were skeptical Wednesday that Colorado State University students seeking fee refunds for coronavirus campus shutdowns can bring an unjust enrichment claim, with one justice saying the students' attorney is advocating for an "enormous" extension of existing law.
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November 20, 2024
10th Circ. Questions Sunoco Bid To Nix $180M Royalty Ruling
Tenth Circuit judges on Wednesday weighed Sunoco Inc.'s latest bid to undo a $180 million judgment for withholding late interest payments on oil royalties to Oklahoma landowners, and sharply questioned the company's argument that the class action should never have been certified.
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November 20, 2024
10th Circ. Side-Eyes Gas Royalty Claims Against Chevron Unit
Tenth Circuit judges on Wednesday seemed skeptical of a Colorado oil and gas company's class claim that a Chevron Corp. subsidiary owes it a royalty payment on infrastructure improvements undertaken by a third company.
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November 20, 2024
German Tesla Supplier Says Mich. Is Wrong Venue For Parts Suit
A German auto parts supplier referenced Elon Musk's diverse business ventures in an attempt to convince a Michigan federal judge Wednesday that it doesn't belong in a lawsuit over one of its North American affiliates' alleged breach of a supply contract for Tesla vehicles, arguing the foreign entity has no ties to the Wolverine State.
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November 20, 2024
Yacht Owner Seeks Trial In Highway Damage Case
Yacht owner Max Zach Corp. urged a Connecticut federal court to reject bids from a North Carolina boat repair shop and a trucking company to toss its suit seeking damages after a New Jersey highway crash destroyed its $750,000 vessel, arguing a jury must sort out fact questions about the ultimate value of its modified boat and other questions about storage costs.
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November 20, 2024
Conn. Trial Firm's Dissolution Is In Disarray, CEO Tells Judge
The windup of Connecticut Trial Firm LLC is "in complete controversy" and must be submitted to arbitration, CEO Ryan McKeen has told a state Superior Court judge, saying his onetime 50-50 partner, Ryan Garza, committed "self-dealing, waste and abuse" to benefit his new firm, Claggett Sykes & Garza LLC.
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November 20, 2024
Ga. Judge Asks 'What's Tortious?' About Talking Bad Loans
A Georgia federal judge appeared inclined Wednesday to hand an early win to a lender who seized two vintage cars from a reality TV personality after she missed her payments on a $300,000 loan, going so far as to suggest she might be better off finding an out-of-court solution to the dispute.
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November 20, 2024
Walgreens Wins Sanctions Over Depo With 300 Objections
An Illinois federal judge on Wednesday ruled Walgreens can recover the costs of a contentious deposition in a dispute with an electronics company, saying the witness "possessed virtually no knowledge" of the matters laid out in the deposition notice and the company's attorney engaged in "improper, obstructionist conduct" during the proceeding.
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November 19, 2024
HP Joins Patent Pool After Resolving Suit Over 'Unfair' Terms
HP has agreed to join a patent pool for coding technology developed by companies like Dolby Laboratories, Mitsubishi and Philips, months after alleging that the group was engaging in "a money grab" to coerce it to accept "unfair and discriminatory licensing terms."
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November 19, 2024
Judge Rejects Infosys' Bid To Seal NDAs In Trade Secrets Row
A Texas federal judge shot down Indian tech company Infosys Ltd.'s efforts to seal nondisclosure agreements involved in a trade secrets case over healthcare software, ruling that there was "nothing commercially sensitive" about them.
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November 19, 2024
Online Lenders, Contractor Face Service Members' Fraud Suit
California-based contractor Multitaskr Construction Inc. and several online lending companies were hit with a consumer lawsuit in California federal court alleging they conspired to originate lucrative fraudulent loans for home improvement projects that were never completed.
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November 19, 2024
Cannabis Bag Co.'s Suit Against Marketing Firm Survives
The manufacturer of specialized bags used to store marijuana will get to proceed with its lawsuit against a cannabis industry–focused branding firm, a federal judge in Seattle ruled, saying the suit plausibly claims the marketing agency buried the manufacturer's online search ranking by crashing its website.
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November 19, 2024
Finnish Sports Co. Fights NHL Agent's Bid To Ax $1.2M Suit
A Finnish sports talent corporation has slammed an NHL agent's bid in Massachusetts federal court to toss its lawsuit over $1.2 million in arbitration awards, saying he has systemically used shell companies to dodge collection of the judgments against him.
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November 19, 2024
Yoga Teacher Gets 7½ Years For Defrauding Mentally Ill Doctor
A yoga instructor who helped defraud $2.7 million from a mentally ill doctor by moving into his Malibu home and feeding him psychedelic drugs was sentenced to 90 months in prison by a California federal judge Tuesday, more than twice the time recommended by prosecutors.
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November 19, 2024
Oil Refiner Not Obligated To Arbitrate Oil Sands Project Claims
A Canadian appeals court has determined that an Alberta oil refiner is not obligated to arbitrate its claims against subcontractors in a dispute that arose from allegedly defective steam generator modules intended for a steam-assisted gravity drainage oil sands project northeast of Fort McMurray, Alberta.
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November 19, 2024
Court Won't Toss Consumer Antitrust Case Against Amazon
A Washington federal court issued a sealed order Tuesday denying Amazon's bid to toss updated claims from consumers seeking billions of dollars over allegations that they pay higher prices thanks to the e-commerce giant's treatment of sellers on its platform.
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November 19, 2024
No Venue Change For Baseball Team Sale Clash
A company accused of stiffing a baseball travel team operator for $1.3 million from the purported purchase of his organization had its bid to move the case to Nebraska rejected by a Texas federal judge.
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November 19, 2024
Misnomer Doesn't Doom Fire Subrogation Suit, NC Panel Told
An insurer that sued two fire safety companies asked a North Carolina appeals court for another chance after it misidentified itself in its complaint, saying it made a nonprejudicial mistake in its suit seeking recovery for a 2019 blaze at a Hardee's restaurant it insured.
Expert Analysis
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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FERC's Reactive Power Compensation Cutoff Is No Shock
While the Federal Energy Regulatory Commission's recent final rule ending compensation for reactive power provided within the standard power factor range will mean less revenue for some generators, it should not come as a surprise, since FERC has long signaled its interest in this shift, says Linda Walsh at Husch Blackwell.
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Opinion
Feds May Have Overstepped In Suit Against Mortgage Lender
The U.S. Department of Justice's lawsuit against Rocket Mortgage goes too far in attempting to combat racial bias and appears to fail on the fatal flaw that mortgage lenders should be at arm's length from appraisers, says Drew Ketterer at Ketterer & Ketterer.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Next Steps In The $2.8B Blue Cross Payout To Providers
Healthcare providers deciding whether to participate in Blue Cross Blue Shield network's recent $2.8 billion antitrust class action settlement must weigh key recovery factors, including provider type and litigation cost, say attorneys at Hall Render.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Key Territory-Split Licensing Lessons For Life Sciences Cos.
Territory-split deals can allow life sciences companies to maximize products' potential across a range of geographic areas, but these deals also present unique challenges requiring highly bespoke structures that can make or break the value of an asset, say attorneys at Covington.
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Notable Q3 Updates In Insurance Class Actions
Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Opinion
In Visa Case, DOJ Continues To Misapply The Sherman Act
The recent U.S. Department of Justice debit market monopolization case against Visa fuels concerns that a misguided Biden administration DOJ is inappropriately expanding its interpretation of the Sherman Antitrust Act beyond the demonstrable economic effects that business conduct has on consumers, says Shubha Ghosh at Syracuse University.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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Key Legal Considerations After Supply Chain Disruptions
After U.S. supply chain disruptions — like the recent port workers' strike, and Hurricanes Helene and Milton — stakeholders should look to contractual provisions to mitigate losses, and keep in mind that regulators will be watching closely for unfair shipping practices, say attorneys at Holland & Knight.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Why Secured Lenders Must Mind The Gap In UCC Searches
If not adequately addressed, the Uniform Commercial Code filing indexing gap can interfere with a lender's expected lien priority, but taking appropriate preclosing actions and properly timing searches can eliminate this risk, says Robert Wonneberger at Barclay Damon.