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Commercial Contracts
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July 12, 2024
Conn. Health Staffing Co. Co-Owner Drops Partnership Suit
The co-owner of a Connecticut healthcare staffing company has withdrawn a lawsuit against a co-owner accused of plundering from the partnership, a move that leaves untested a sole dissolution claim left standing by a judge who dismissed all other causes of action between the parties earlier this year.
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July 12, 2024
BNSF Puts Up $426M To Stay Tribe's Win Pending Appeal
BNSF Railway Co. on Friday asked a federal judge to approve a $426 million security bond and to stay enforcement of a nearly $400 million judgment for trespassing across a Washington tribe's territory, while the railroad appeals.
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July 12, 2024
VLSI Continues Fight Against Intel In Patent Litigation
VLSI has launched a fight in Texas federal court against an argument that Intel made in Delaware federal court that it had a license to various patents.
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July 12, 2024
Valve Says Too Much Game Publisher Variety For Class Cert.
Online gaming giant Valve is fighting certification of a class of some 32,000 gaming publishers that distributed their titles through the company's Steam platform, arguing those publishers have nothing in common to assert any commonality in the alleged creation of a pricing floor that helped sustain Valve's 30% commissions.
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July 12, 2024
Delta Slams Flyers' Facebook Data Sharing Class Action
Delta Air Lines has asked a California federal judge to dump a proposed class action alleging it unlawfully shared customers' sensitive personal data with Meta's Facebook through online tracking tools embedded in its website, saying its contract of carriage clearly discloses its digital advertising practices.
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July 12, 2024
Staffing Agency Accused Of Misclassifying Workers
A staffing agency misclassified customer service agents as independent contractors and failed to pay them for all the hours they worked, according to a proposed class and collective action filed in Colorado federal court.
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July 12, 2024
Gas Co. Says Trader Can't Get Bonus From Risky Trades
A Colorado gas marketing company has urged a state judge to find a former trading director forfeited his right to collect a $3.3 million bonus because it was the result of risky and unauthorized trading, according to a motion asking the court to toss a jury's damages award.
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July 12, 2024
Zimmer Biomet Owes Despite Expired Patents, 7th Circ. Says
Zimmer Biomet Holdings shouldn't have stopped paying royalties on knee replacement devices it developed using an orthopedic surgeon's various patents after those patents expired, the Seventh Circuit said Friday, backing a lower court's decision affirming an arbitration ruling in favor of the surgeon's estate.
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July 12, 2024
Texas City Escapes Suit Over 2014 Toby Keith Concert
A state appeals court wrote that a south Texas city can escape a lawsuit brought by the promoters of a Toby Keith concert held at a city building, writing that the city didn't waive governmental immunity because the contract was verbal.
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July 12, 2024
Tobacco Co. Wants Coverage After $89M Tornado Damage
A tobacco company blamed its insurers for failing to pay their portion after $89 million of snuff was damaged following a 2023 tornado, in a case removed to Tennessee federal court.
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July 12, 2024
American Airlines Pilot Pushes For $16M Win After ERISA Trial
An American Airlines pilot urged a Texas federal court to make the airline cough up nearly $16 million following a June bench trial in a retirement savings class action, arguing the company breached its fiduciary duties to its retirement plan by focusing too heavily on environmental and social factors in investments.
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July 12, 2024
Lin Wood Wants Judge Disqualified In Ga. Defamation Case
Controversial retired Georgia attorney L. Lin Wood has asked that a Georgia federal judge be disqualified from presiding over a defamation case he's facing from his former law partners, arguing that the case involved two witnesses from Alston & Bird LLP, where the judge previously worked.
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July 12, 2024
Wayfair Says Contractor On 1st Megastore Stiffed Vendors
Online retailer Wayfair LLC says the company it hired to oversee the build-out of its first "large-format" brick and mortar location failed to pay multiple subcontractors on the project, forcing Wayfair to pay the subcontractors directly to ensure that the store opened on time, according to a complaint filed Friday.
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July 12, 2024
Biggest Washington Decisions Of 2024: A Midyear Report
The first half of 2024 in Washington courts was punctuated by a fizzled startup's $72 million trial win against The Boeing Co., and Monsanto Co.'s appellate reversal of a $185 million verdict in one of a series of high-profile PCB poisoning cases. Here is a closer look at some of the biggest decisions in Washington state and federal courts in the first half of 2024.
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July 12, 2024
Conn. Landlord Loses COVID-Era Lease Fight With Eatery
A Connecticut landlord did not tender an "unequivocal ultimatum" booting an eatery from a parcel of property, an appellate panel ruled Friday, finding that since the landlord vacillated between kicking the tenant off its Wallingford land and accepting payments, a 2020 eviction notice had no effect.
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July 12, 2024
Microsoft Squashes Beef With Ex-Engineer Over Xbox Patents
Microsoft has resolved litigation with a former software engineer who was fighting with the company over whether he could claim to own patents that he says Microsoft uses in its Xbox software.
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July 12, 2024
DraftKings' Voided NBA Bets Spark Lawsuit In Fed. Court
An Indiana man claiming he was cheated out of a $150,000 payday has sued DraftKings over its decision to void bets on an October NBA game, with the online betting giant moving the proposed class action to federal court this week.
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July 12, 2024
VW Supplier's Antitrust Suit Belongs In Germany, Texas Judge Says
A Texas federal judge has dismissed an antitrust lawsuit filed by an auto parts maker against Volkswagen after finding that the German judicial system rather than the U.S. district courts would be the best place for these claims to be litigated.
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July 12, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the owner of the Lambretta scooter brand Innocenti SA embroiled in a trademark dispute with a property developer, a clash between two art dealers over a collection of tapestries, Telecom Italia pursue a debt claim against a competing telecommunications company, and performing arts trade union Equity hit a casting directory for charging unfair subscription fees on actors. Here, Law360 looks at these and other new claims in the U.K.
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July 12, 2024
First Republic Settles $7M Scholarship Fund Loss Suit
A philanthropist couple have reached an agreement to resolve their $7 million breach of fiduciary duty allegations against the now-failed First Republic Bank, telling a California federal judge that they reached a deal during a private mediation session.
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July 11, 2024
Only 1 Gold Mine Investor Has Class Claim, Chancery Says
Only one of three warrant holders who sued a Nevada gold and silver mine in Delaware's Court of Chancery may move forward with a proposed class action, a Chancery Court judge has ruled, but the other pro se plaintiffs may continue with their individual claims.
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July 11, 2024
Disney Beats Suit Over Post-Pandemic Park Pass Restrictions
A Florida federal judge Thursday tossed a lawsuit accusing Disney World of cheating customers who held pricey "Platinum" passes for its Sunshine State parks by imposing new restrictions on their use after the pandemic hit, saying the two women who sued could have canceled their passes and received a refund.
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July 11, 2024
Western Union Owes $8M For Soured Deal, Vendor Says
A Taiwan-based manufacturer of point-of-sale devices launched a lawsuit against Western Union in Colorado federal court, accusing it of ordering about 25,000 POS terminals worth roughly $8 million and then backing out of the transaction and refusing to pay after the vendor had already started making the devices.
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July 11, 2024
Panel Says Kansas BCBS Unit Can't Face Rehab Suit In Colo.
A Kansas Blue Cross Blue Shield unit can't be sued in Colorado for terminating the coverage of a patient who was receiving treatment for an autoimmune syndrome, a state appellate panel ruled Thursday.
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July 11, 2024
Allstate Must Face Deflated Payments Suit, Judge Rules
Allstate cannot escape a proposed class action accusing the insurer of wrongfully depreciating labor costs as part of actual cash value payments to insureds for property damage, an Arizona federal judge ruled, finding that the named plaintiff didn't lack standing and that her claims weren't time-barred.
Expert Analysis
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Black-Led VC Fund Case Could Hinge On Nature Of Grants
Organizations whose missions involve any manner of race-conscious funding should closely monitor arguments this week in American Alliance v. Fearless Fund, a case filed against a grant program that seeks to address the gap in venture capital funding for Black women-led businesses, which will examine whether grants are charitable under Civil Rights Act Section 1981 liability, say Kali Schellenberg and John Stapleton at LeVan Stapleton, and Kenneth Trujillo at Chamberlain Hrdlicka.
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Unraveling The Bundled Benefits Of Retail Memberships
The recent prevalence of paid retail memberships and the associated findings of a consumer survey suggest that assessing consumer preferences and welfare may be important when considering resolution mechanisms in antitrust contexts, say Rosa M. Abrantes-Metz at Berkeley Research Group, Mame Maloney at The Brattle Group and Jeff Brazell at the University of Utah.
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Ill. Insurance Ruling Helps Developers, Community Orgs. Alike
The Illinois Supreme Court's decision in Acuity v. M/I Homes of Chicago, holding that commercial general liability policy exceptions did not prevent coverage for damage caused by faulty workmanship, will bring more potential insurance coverage for real estate developers and, in turn, larger payouts when community organizations sue them, say Howard Dakoff and Suzanne Karbarz Rovner at Levenfeld Pearlstein.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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OCC Guidance May Lead Off 'Buy Now, Pay Later' Regulations
The Office of the Comptroller of the Currency's bulletin released last month to assist national and federal savings banks with managing the risks posed by "buy now, pay later" lending may be the start of increased state legislation or guidance specifically aimed at regulating such loans, say Susan Seaman and Jacob Huston at Husch Blackwell.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Inside Del. Determinations Of Specific Performance In M&A
Delaware M&A rulings, including several from the end of 2023, shed light on the facts that courts may consider when determining whether a party to a transaction is entitled to specific performance, say attorneys at White & Case and Odeko.
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9 Contractual Issues Tech Startups Should Be Wary Of
Technology startups often overlook relatively simple but crucial contracting steps that are essential to owning and protecting their intellectual property, and the consequences of this will almost always surface at some point, typically in connection with a key investment or other significant transaction involving the business, say attorneys at Mayer Brown.
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NJ Ruling May Widen Plaintiff Opportunities In LLC Disputes
A New Jersey court’s recent decision in Flor v. GreenbergFarrow found that a court may consider a limited liability company member’s wrongful conduct when determining sale and compensation owed to a dissociate member, and may open doors for plaintiffs seeking relief from wrongful conduct, say Lowry Yankwich and Peter LeVan at LeVan Stapleton.
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Will Justices Settle Decades-Old Split On Arbitrator Conflicts?
Whether an arbitrator's failure to disclose a potential conflict of interest is sufficient grounds to vacate an arbitration award is the subject of an almost 60-year-old circuit split that the U.S. Supreme Court is positioned to resolve if it grants cert in either of two writs pending before it, say attorneys at Norton Rose.
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Companies Should Beware Greater Scrutiny Of Subscriptions
The New York Attorney General's Office has been utilizing a severe interpretation of the law in enforcement against subscription services, as demonstrated in last month's Sirius XM complaint and Cerebral settlement — and this focus is representative of heightened subscription scrutiny in other states and at the federal level, say attorneys at Venable.