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Commercial Contracts
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August 23, 2024
9th Circ. Reverses 'Patent Misuse' Ruling Against CR Bard
The Ninth Circuit on Friday reversed a decision that cleared Atrium Medical Corp. in a $52.8 million breach of contract suit by C.R. Bard, concluding that the lower court wrongly held that Bard engaged in patent misuse by seeking royalties after its medical device patent expired.
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August 23, 2024
PE Fund Says SEC Is Overstepping With 'Fishing Expedition'
A large South Carolina private equity fund has sued the U.S. Securities and Exchange Commission for allegedly overstepping its authority by trying to regulate the business' activities through an unconstitutional "fishing expedition" investigation that threatens the building of thousands of housing units.
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August 23, 2024
Ark. County Wants Out Of Cherokee Casino Licensing Dispute
An Arkansas county quorum court and its presiding judicial officer are asking a federal district court to be dismissed from a challenge by a Mississippi casino that looks to void a gaming license issued to two Cherokee Nation entities, arguing that the gaming operator has failed to state a claim.
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August 23, 2024
Apple Sued Over Warranty Fees Charged To Old Devices
Apple was hit with a putative class action in California federal court Friday accusing it of failing to cancel AppleCare+ subscription contracts for customers who trade in or return their devices and continuously charging them monthly fees for devices they no longer own.
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August 23, 2024
FTC Regroups After Noncompete Setbacks In Florida, Texas
A Florida federal judge on Friday suspended a deadline given to the Federal Trade Commission to respond to a lawsuit challenging a worker noncompete ban after the agency requested more time to discuss next steps following recent setbacks against the rule in Texas and the Sunshine State.
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August 23, 2024
Pot Entrepreneur Seeks To Ensure Judgment On Ex-Partner
A cannabis entrepreneur urged a Colorado federal judge Friday to bar his former business partner from making any equity transactions until after the court has the opportunity to revisit a $6.4 million judgment ruling as part of a recent Tenth Circuit remand.
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August 23, 2024
Judge Won't Restrict Access To RTX Trade Secrets Trial
Defense contractor RTX Corp. won't be able to bar non-U.S. citizens from a trade secrets trial slated to get underway Tuesday, but exhibits, such as diagrams, will not be made visible to observers in the courtroom, a Massachusetts federal judge ordered.
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August 23, 2024
Western Union Seeks To Toss Most Claims In $8M Breach Suit
Western Union looks to shake off the bulk of a point-of-sales device manufacturer's $8.1 million breach of contract case, telling a Colorado federal court that much of the suit arose from purchase orders to which the financial services company hadn't been party.
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August 23, 2024
Texas City Can't Avoid Improvement District Bond Payments
A Texas appeals court has affirmed a Dallas specialty finance company's win over the city of Hutto, finding this week that the finance company made valid transactions despite the city's protests that the bonds at issue weren't valid under state law.
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August 23, 2024
The Biggest Texas Trial Rulings Of 2024: Midyear Report
Trial courts in Texas saw a series of high-dollar verdicts for plaintiffs in suits over patent infringement and personal injuries, but appellate courts tempered some plaintiffs' successes, backing a large retail employer in a harassment suit and tossing a verdict based on a lawyer's remarks. Here's a look at some of the biggest trial decisions in Texas in the first half of 2024.
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August 23, 2024
Court Urged To Reject Stay In $4.8M Panama Arbitration Row
A Miami businessman and his construction company fired back Thursday against a request from the Republic of Panama seeking to pause discovery in their ongoing battle over a $4.8 million arbitral award against him, arguing that Panama failed to follow court rules before filing the motion and that the delay isn't warranted.
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August 23, 2024
Insurer Scores Coverage Win Over Retaining Wall Failure
A contractor's insurer has no duty to help cover a $2.66 million settlement over the contractor's faulty construction of retaining walls, a Washington federal court ruled, finding an "impaired property" exclusion applicable.
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August 23, 2024
Off The Bench: Sunday Ticket Twist, Dartmouth-NLRB Clash
The NFL comes out of the Sunday Ticket trial with a clean slate, Dartmouth is hit with an unfair labor practice charge by its basketball players, and U.S. Tennis doesn't get a do-over on its handling of a sexual assault case. Law360 is here to catch you up on the sports and betting stories that had our readers talking.
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August 23, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen Google sue several Russian media outlets in response to challenges to the tech giant's response to international sanctions, easyGroup bring an intellectual property claim against delivery company Easycargo, and e-money business Nyavo challenge action by the Financial Conduct Authority.
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August 23, 2024
Firms Seek $20M Fee After $58M Deal In Shire Antitrust Suit
A group of nine firms led by Hagens Berman Sobol Shapiro LLP asked a Massachusetts federal judge to sign off on $20 million in fees and expenses after securing a $58 million settlement with drugmaker Shire PLC in a yearslong antitrust class action.
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August 22, 2024
Calif. Justices OK Argentine Atty's Uber Fraud Fight
California justices gave an Argentinian lawyer a green light Thursday to pursue allegations that Uber fraudulently hid crucial information as he represented Uber before its Buenos Aires launch, clarifying that his tort fraudulent-concealment claim is not necessarily barred by the so-called economic loss doctrine if his employment contract never contemplated the alleged fraud.
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August 22, 2024
Subway Franchisor Can't Strike 19 Words From Ruling
A New York federal judge denied a bid Thursday by the Subway sandwich chain's Canadian franchisor to amend his order granting a development company's petition to enforce an arbitral award, refusing to strike 19 words from his opinion.
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August 22, 2024
Texas Appeals Knocks $1M Hernia Mesh Fee Ask Down To $135K
A Texas appeals court on Wednesday upheld an arbitration award of $135,000 in attorney's fees in a decadeslong hernia mesh litigation dispute while denying the firm's request for $1 million.
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August 22, 2024
Homeowner Loses Atty Fees In Suit Over HOA Fence Policy
A Texas appeals court reversed a homeowner's win in a dispute with his neighbors over privacy fences facing a road, finding that a new state law prevents homeowners associations from enacting any covenant barring homeowners from putting up security measures, so the homeowner couldn't collect attorney fees.
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August 22, 2024
Construction Co. Says It's Owed Coverage For Sinkhole Claim
A Washington construction company has filed a suit seeking to force an insurer to cover potential damages in an underlying lawsuit alleging the company botched a sewer pipeline replacement project, causing a sinkhole to open up along a Seattle ship canal after the job ended.
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August 22, 2024
9th Circ. Won't Force Yellow Corp. Bias Suit Into Arbitration
The Ninth Circuit refused Thursday to kick a former Yellow Corp. employee's disability discrimination lawsuit to arbitration, ruling the agreement the worker signed was improperly lopsided in favor of his employer and had to be scrapped.
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August 22, 2024
11th Circ. Nixes Hyundai's Appeal Of $16M Dealership Verdict
The Eleventh Circuit on Wednesday rejected Hyundai Motor America's attempt to void a $16 million verdict awarded to a Florida dealership in a contract dispute over Hyundai's efforts to launch a separate dealer network for its luxury Genesis line of vehicles.
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August 22, 2024
Denver Firm Says Ex-Client's Settlement Bars Malpractice Suit
The Denver law firm of Fairfield and Woods PC is firing back at a malpractice suit in which it's accused of causing a former client more than a million dollars in damages, saying the client had already settled with the firm and agreed not to sue.
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August 22, 2024
Williams-Sonoma Infringes Fabric TMs, Michigan Co. Claims
A supplier of moisture-resistant textiles and fabric treatments sued Williams-Sonoma Inc. in Michigan federal court Thursday, alleging the retailer is infringing three trademarks with its Pottery Barn furniture.
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August 22, 2024
Prince Lobel Adds Boston IP Partner From Mintz
The newest member of Prince Lobel Tye LLP's intellectual property team is a former professional soccer player who now channels his competitive energy into patent and trade secrets litigation, joining the firm after 11 years at Mintz Levin Cohn Ferris Glovsky and Popeo PC with a mandate to build up Prince Lobel's trade secrets practice.
Expert Analysis
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Roundup
After Chevron
In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Contract Disputes Recap: Addressing Dispositive Motions
Stephanie Magnell and Bret Marfut at Seyfarth examine three recent decisions from the U.S. Court of Claims and the U.S. Civilian Board of Contract Appeals that provide interesting takeaways about the nuances of motion practice utilized by the government to dispose of cases brought under the Contract Disputes Act prior to substantive litigation
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What 2 Rulings On Standing Mean For DEI Litigation
Recent federal court decisions in the Fearless Fund and Hello Alice cases shed new light on the ongoing wave of challenges to diversity, equity and inclusion initiatives, with opposite conclusions on whether the plaintiffs had standing to sue, say attorneys at Moore & Van Allen.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Class Actions At The Circuit Courts: June Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Arbitration Implications Of High Court Coinbase Ruling
The U.S. Supreme Court's recent Coinbase v. Suski ruling not only reaffirmed the long-standing principle that arbitration is a matter of contract, but also established new and more general principles concerning the courts' jurisdiction to decide challenges to delegation clauses and the severability rule, say Tamar Meshel at the University of Alberta.
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A Look At Calif. Contract Considerations In Fiji Water Ruling
A California appellate court's recent decision in Carolina Beverage v. Fiji Water, that a party may not seek contractual recovery on the basis of constructive termination, offers a look at contract construction and other considerations on negotiating distribution agreements, says Michael Laszlo at Clark Hill.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Practical Private Equity Lessons From 2 Delaware Deals
A pair of Delaware Chancery Court cases remind private equity sponsors that specificity is crucial through the lens of deal certainty, particularly around closing conditions and agreement sections of acquisition agreements, say Robert Rizzo and Larissa Lucas at Weil Gotshal and William Lafferty at Morris Nichols.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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How Uyghur Forced Labor Law Affects Importing Companies
Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.
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Revisiting Morals Clauses In The Age Of Deepfakes
Deepfakes and other forms of misrepresentation powered by artificial intelligence have complicated the traditional process of reputation management for companies entering into talent agreements with celebrities, bringing new considerations for the morals clauses that usually shield against these risks, say attorneys at Pryor Cashman.
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4 Tips For Drafting Earnouts To Avoid Disputes
Amid slowed merger and acquisition activity, buyers and sellers are increasingly turning to earnout provisions to get deals done, but these must be carefully drafted to avoid interpretative differences that can lead to later disputes, say attorneys at Cooley.