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Commercial Contracts
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December 17, 2024
Insurer Gets $29M Fatal Crash Judgment Thrown Out
A North Carolina appeals court on Tuesday threw out a nearly $29 million judgment against an insurance company in a suit alleging it failed to defend and settle claims from a fatal car accident, saying the company had no duty to defend.
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December 17, 2024
Mountain West Conference Hit With New Suit Over Exit Fees
Two schools sued the Mountain West Conference on Tuesday, alleging its punishing exit fees are stifling their ability to join the rival Pac-12 Conference, echoing Pac-12's antitrust case against Mountain West over supposed efforts to stifle Pac-12 recruitment.
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December 17, 2024
Visa Says 'Contradictory' Debit Card Market Dooms DOJ Suit
Visa Inc. formally asked a New York federal judge Monday to nix the U.S. Department of Justice monopolization lawsuit accusing it of paying off would-be debit network rivals and penalizing the use of alternate payment systems, arguing the government cannot mix-and-match its way into claiming the company holds a dominant market share.
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December 17, 2024
Stanford Profs Say Roche's Trade Secret Claims Time-Barred
Stanford University's trustees and three of its professors have asked a California federal court to dismiss trade secret theft claims bought by subsidiaries of F. Hoffmann-La Roche AG, arguing that the allegations are time-barred because the companies were on notice of the purported misappropriation for over three years before filing suit.
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December 17, 2024
Supplier Wins $3.5M In Case That Shook Up Auto Contracts
A Michigan state judge invoked both "The Godfather" and the ancient Greek king Pyrrhus of Epirus in a decision awarding a rubber manufacturing company $3.5 million, finding it was strong-armed by erroneous court orders into selling parts at a loss.
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December 17, 2024
Heartland Payment Settles Florida School Lunch Card Suit
Parents from Florida and elsewhere have settled a proposed federal class action with a payment processor over alleged unfair surcharges collected after depositing lunch money onto school-sponsored reloadable cards used by their kids.
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December 17, 2024
Colo. Atty Accused Of Poaching Seeks State Justices' Take
It's time for Colorado's Supreme Court to weigh whether law firms may prohibit attorneys from soliciting co-workers to depart their firm together, a lawyer accused of soliciting BigLaw firms to poach her department from a Denver personal injury firm argued Monday, asserting the case is a matter of first impression.
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December 17, 2024
Insurer Settles Coverage Row Over Conn. Plane Crash
An aviation insurer seeking to avoid coverage for a 2021 crash that killed all four passengers aboard a Cessna private jet settled its suit with the owners and operators of the jet, according to a notice in Connecticut state court.
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December 17, 2024
Connecticut Gallery Wants To Erase Most Of 'Fake' Art Suit
A Connecticut art gallery has asked for a judge's permission to seek summary judgment on most counts in a lawsuit alleging that it sold a fake Keith Haring chalk drawing for $165,000 after vouching for its authenticity, writing in a proposed memorandum that the plaintiff's remedies are limited to rescission of the purchase agreement and a refund.
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December 16, 2024
BNY Scores Exit In Mutual Fund Conflict Of Interest Suit
A Pennsylvania federal magistrate judge on Monday granted The Bank of New York Mellon's bid to toss a proposed class action claiming that it failed to disclose conflicts of interest when funneling client assets into mutual funds and other investment vehicles that favored the bank, ruling that the claims are preempted by the Securities Litigation Uniform Standards Act.
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December 16, 2024
Lye Indirect Buyers Can't Certify Price Fixing Class
A New York federal judge denied a bid for class certification from indirect buyers of lye who allege manufacturers of the chemical colluded to inflate prices, saying Monday they didn't show common questions predominate for their proposed classes or that most members suffered an injury due to the alleged cartel.
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December 16, 2024
Texas Bitcoin Mining Enterprise's Investors Accuse It Of Fraud
Founders of a Texas-based bitcoin mining company are being accused of fraud by several investors in a new lawsuit claiming they attempted to conceal the sale of the company's operational facilities to a competitor, which led to the company's filing for bankruptcy earlier this year.
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December 16, 2024
Amazon Judge Again Doubts Late-Delivery Refund Claim
A Washington federal judge suggested Monday an Amazon.com customer paying extra for a specific delivery time should expect their package to arrive within that time frame, but she questioned why the putative class action plaintiff never requested a refund of the shipping fees.
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December 16, 2024
Vegetable Co. Seeks $5M Policy Limit For Facility Fire
A Pacific Northwest vegetable processor said its insurer owed the full $5 million limit of its policy after a fire broke out at a Washington state facility and caused over $73 million in property damage and business income losses combined, according to a complaint removed to federal court.
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December 16, 2024
Court Approves Mandated $115M Door Factory Sale
A Virginia federal court has approved the planned $115 million sale of a door-skin manufacturing plant after a landmark order forced Jeld-Wen to unload the factory in a long-running private antitrust case by rival Steves & Sons Inc.
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December 16, 2024
Boeing Says Records Loss Should Get 737 Max Suit Tossed
The Boeing Co. is asking a Washington federal court to throw out a suit from a defunct African airline over fallout from a 737 Max airplane deal, saying that the plaintiff airline's loss of records was intentional and warrants sanctions.
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December 16, 2024
Disney, Fox And Warner Bros. Can't Duck Fubo's Antitrust Suit
A New York federal court refused dismissal bids Friday from Disney, Fox and Warner Bros. Discovery as they tried to duck an antitrust case over their sports-only streaming service, and also denied Fox's motion to sever the claims against it and transfer the venue to the Central District of California.
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December 16, 2024
The Biggest Patent Decisions Of 2024
This year's notable patent decisions from the Federal Circuit provided clearer guidelines on double patenting and opened the door for new ways to invalidate design patents. Here's a look at the cases from 2024 that will shape patent litigation going forward.
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December 16, 2024
Ecuador Banana Co. Prez Ordered To Jail Over $6.9M Award
A Miami federal judge issued an arrest order for the president of an Ecuadorian banana company that ignored court orders to turn over financial information at the request of Chiquita Brands International, which is trying to enforce a $6.9 million arbitration award.
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December 16, 2024
NJ Judge Approves Settlement In Artificial Turf MDL
A New Jersey federal judge has granted final approval to a proposed nationwide settlement to end a multidistrict litigation brought by consumers who purchased retired artificial fields from FieldTurf USA Inc.
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December 16, 2024
Blindsided Developer Says $112K Legal Bill Should Be $25K
A real estate developer fighting a $112,000 legal bill from Conrad & Scherer LLP testified in a Florida state court Monday that he hired the firm for its banking regulation expertise but not for trial work in a lawsuit over a luxury house in Colorado.
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December 13, 2024
OpenAI Slams Musk's 'Evidence-Free' Bid To Block For-Profit
OpenAI urged a California federal judge Friday to reject Elon Musk's bid to block the artificial intelligence research organization from transitioning into a for-profit enterprise, scoffing at Musk's assertions of anticompetitive practices and arguing that the injunctive motion is "just another evidence-free effort to harass a competitor."
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December 13, 2024
NCAA, Pac-12, USC Say Reggie Bush Filed NIL Suit Too Late
The NCAA, the University of Southern California and the Pac-12 Conference urged a Los Angeles state court to toss former USC star running back Reggie Bush's lawsuit accusing them of profiting off his fame without compensating him, saying Bush waited "far too long" to sue.
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December 13, 2024
Prindle Goetz Says Attys Took Trade Secrets To Rival Firm
Prindle Goetz Barnes & Reinholtz LLP sued two former nonequity partners in California state court Thursday, accusing them of taking its confidential billing, compensation and client listing information with them in late 2022 before jumping to a rival law firm launched by a former equity owner at the law firm.
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December 13, 2024
US Bank Fails To Beat RMBS Suit From Commerzbank
A New York federal judge has ruled that Commerzbank AG's suit against U.S. Bank may proceed, rejecting U.S. Bank's argument that presuit notification to certain residential mortgage-backed securities trust parties was unnecessary due to their alleged involvement in the misconduct.
Expert Analysis
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Considering Noncompete Strategies After Blocked FTC Ban
A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Notable Q2 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Look For Flags On Expert Claims After Sunday Ticket Reversal
A California federal judge’s recent reversal of a jury’s $4.7 billion antitrust verdict in the NFL Sunday Ticket case indicates that litigants may be inclined to challenge expert testimony admissibility under Rule 702 of the Federal Rules of Evidence, and that judges may increasingly accept such challenges, say attorneys at Kutak Rock.