Commercial Contracts

  • December 03, 2024

    Mattel's 'Wicked' Doll Boxes Linked To Porn Site, Mom Says

    Mattel was hit with a proposed class action Tuesday in California federal court by a mother who alleged she bought the toy giant's line of "Wicked" dolls based on the film for her young daughter, only to find out afterward the packaging featured a hyperlink leading to a pornographic website.

  • December 03, 2024

    PE-Backed Anesthesia Giant Can't Duck Antitrust Claims

    A New York federal judge refused to nix a Syracuse hospital's antitrust damages claims against North America's largest anesthesia provider, finding the alleged multimillion-dollar costs incurred from understaffing and overpayment can be traced to noncompete agreements locking in anesthesiologists and nurse anesthetists.

  • December 03, 2024

    CSX Asks High Court to Weigh Norfolk Southern Rate Case

    CSX has asked the U.S. Supreme Court to review a Fourth Circuit ruling that the rail giant's antitrust lawsuit against Norfolk Southern over a switching line the two railroads own was outside the statute of limitations.

  • December 03, 2024

    4 Mass. State Court Rulings You May Have Missed In Nov.

    An age discrimination case was undone by the fine print of an employment agreement, while an "utterly inadequate" document search led to a five-figure sanctions order, among other notable recent decisions in Massachusetts state court.

  • December 03, 2024

    9th Circ. Affirms Circle K's Win In Gas Pricing Row

    The Ninth Circuit upheld Circle K Stores' win against retail gas stations that accused the convenience chain of setting high gas prices in bad faith, finding Tuesday that Circle K's prices were "within the range" of those charged by its competitors and lower than at least one refiner.

  • December 03, 2024

    Timeshare Co. Argues Jury Never Should've Seen Fraud Suit

    A company selling timeshares in Atlantic City, New Jersey, told a state appeals court Tuesday that a consumer fraud suit never should have reached a jury, arguing that an evidence rule bars the claims.

  • December 03, 2024

    Fla. Court Urged To OK 'Offensive' $645K Deal In Firm's Ch. 11

    A law firm debtor urged a Florida bankruptcy court Tuesday to approve a $645,000 settlement in its Chapter 11 to resolve a proposed fraudulent misrepresentation class action in state court against a former Miami insurance attorney, who called the potential deal "offensive" and said it's possible he'll be sued again.

  • December 03, 2024

    Tech Giants Seek Firm's Communications With Elusive Client

    Apple and Amazon want Hagens Berman Sobol Shapiro LLP to turn over texts and emails with a client who disappeared from a putative class action against the tech giants, to determine whether the plaintiff consented to the case continuing in his absence.

  • December 02, 2024

    Trial Begins In Trader Joe's Vendor's Fight With Poultry Supplier

    Employees of a poultry producer cracked vulgar jokes about the quality of the meat while packaging raw chicken tainted with bone fragments, a Washington-state grocery store vendor told a federal jury on Monday, blaming the meatpacker for the demise of the Chili Lime Chicken Burgers previously made exclusively for Trader Joe's.

  • December 02, 2024

    Judge Isn't Seeing 'Good Faith' Compliance In Probiotic Feud

    A Maryland federal judge said Monday that a drug company is, yet again, failing to make "good faith substantial compliance" with the terms of an injunction that followed a $15 million jury verdict in a dispute over a proprietary probiotic formula.

  • December 02, 2024

    McDonalds Can't Nix $10B Bias Suit Despite 'Close Call'

    A California federal judge has refused to hand a summary judgment win to either party in Byron Allen's $10 billion lawsuit alleging that McDonald's Corp. discriminates against Black-owned media companies, finding that the discrimination allegations are a "close call" involving factual disputes that must be decided at trial.

  • December 02, 2024

    Kyrie Irving Owes $400K For Retreat Services, Therapist Says

    A psychotherapist sued Dallas Mavericks star Kyrie Irving in New York state court alleging he owes nearly $400,000 for services she provided for a North Dakota retreat this past summer, including additional counseling services after one of the participants tragically died during the event.

  • December 02, 2024

    Insurer Says Telecom Co. Can't Ax Marshall Fire Coverage Suit

    Liberty Mutual urged a Colorado federal court to allow it to proceed with a lawsuit against a Lumen Technologies subsidiary over coverage for underlying litigation linking the 2021 Marshall Fire to an unmoored telecommunications line, arguing that the insurer had clear standing to bring the suit.

  • December 02, 2024

    Filmmaker Says He Didn't Infringe IP With Beirut Documentary

    An independent filmmaker and his company have launched a suit in Ohio federal court seeking a declaration that they never infringed any copyright owned by a nonprofit while making a documentary about the 1983 U.S. Marine barracks bombings in Beirut.

  • December 02, 2024

    Bank, Payment Processor Look To Sink Chargeback Fee Suit

    Esquire Bank NA and a payment processor it sponsors have asked a New York federal judge to toss all but one of an online merchant's proposed class action claims over a fee provision in their contract, arguing as a mediation date looms that most of the merchant's claims are either duplicative or inapplicable.

  • December 02, 2024

    ByteDance Says Ex-Worker Can't Avoid Counterclaims

    TikTok's parent company, ByteDance, says a former engineer shouldn't be able to dodge its counterclaims in a dispute stemming from his termination, arguing that just because he wants to drop his allegations doesn't mean those counterclaims are moot.

  • December 02, 2024

    DOJ, AGs Back Block Of ESPN Sport Streaming JV At 2nd Circ.

    The Justice Department and a group of Democratic state attorneys general are backing a lower court injunction against a sports-only streaming service from ESPN, Fox and Warner Bros. Discovery, telling the Second Circuit the sports giants can't claim they have a right to refuse dealing with rivals after joining forces.

  • December 02, 2024

    Remediation Co. Says Anadarko Can't Support Coverage Bid

    An environmental remediation company urged a Texas federal court to deny Anadarko Petroleum Corp.'s bid for an early win in a dispute over coverage for a decade-old Louisiana kickback suit, saying the oil producer failed to show that it's entitled to a defense and indemnity.

  • December 02, 2024

    Musk Asks Court To Halt OpenAI's Conversion To For-Profit

    Elon Musk sought a preliminary injunction asking a California federal court to stop OpenAI from transitioning into a for-profit enterprise, arguing the plaintiffs and the public would be harmed whether as competitors, donors, investors, consumers, taxpayers, citizens or "simply as people" worried about AI rushing unsafe products into the marketplace.  

  • December 02, 2024

    JPMorgan, Tesla Agree To End $162M Suit Over Musk Tweet

    JPMorgan Chase & Co. and Tesla told a New York federal judge on Monday the parties have agreed to voluntarily end JPMorgan's suit alleging Tesla owes it $162 million over expired stock warrants after Tesla CEO Elon Musk mulled taking the company private in an August 2018 tweet.

  • December 02, 2024

    Ex-Luxottica Worker's Pension Claims Must Be Heard In Court

    A New York federal judge agreed to revive in-court proceedings on a Luxottica ex-worker's claims in a federal benefits lawsuit that she made on behalf of her pension plan, but held firm on the court's earlier decision to compel individual arbitration of other claims.

  • December 02, 2024

    Ark. Governor Wants Out Of Cherokee Casino License Row

    Arkansas Gov. Sarah Huckabee Sanders is asking a federal district court to be removed as a defendant and for an overall dismissal of a challenge to a state amendment that revoked a Cherokee Nation business' casino license, arguing the Oklahoma tribe doesn't have any property interest in the case.

  • December 02, 2024

    Pot Co. Says Ex-Director Shared Secrets With Ex-Partner

    Cannabis cultivator Curaleaf Inc. and a subsidiary are suing a former director of operations, accusing him of sharing confidential information with a former business partner, among other alleged contract breaches.

  • December 02, 2024

    NJ Siblings Say Fox Rothschild Must Face Malpractice Suit

    Two siblings have called on a New Jersey state court to reject Fox Rothschild LLP's bid to exit their malpractice suit alleging a lawyer now at the firm bungled a 1984 property deed and 1993 trust belonging to their late stepfather, depriving them of a lucrative land parcel.

  • November 27, 2024

    Deloitte Posed As Consultant To Steal Vax Software, Suit Says

    An inventor has accused Deloitte Consulting LLP in New York federal court of stealing her proprietary vaccination management system and securing a multimillion-dollar government contract for rolling out COVID-19 vaccines, saying the firm colluded with the Centers for Disease Control and Prevention to pilfer the technology.

Expert Analysis

  • Series

    Beekeeping Makes Me A Better Lawyer

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    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.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    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.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    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.

  • Bristol-Myers Win Offers Lessons For Debt Security Holders

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    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.

  • Series

    Home Canning Makes Me A Better Lawyer

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    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.

  • How To Avoid Risking Arbitration Award Confidentiality In NY

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    Though a Second Circuit decision last year seemed to create a confidentiality safe harbor for arbitration awards that had no ongoing compliance issues, a recent New York federal court ruling offers further guidance on the meaning of "ongoing compliance issues," says Matthew Iverson at Nelson Mullins.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • Review Shipping Terms In Light Of These 3 Global Challenges

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    Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.

  • Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'

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    A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

  • Int'l Agreements Are Key For Safe Nuclear Waste Disposal

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    By replacing fossil fuels, nuclear energy has the potential to offer a major contribution to the global fight against climate change — but ensuring that nuclear power is safe and sustainable will require binding, multinational agreements for safe nuclear waste disposal, say Ryan Schermerhorn and Christopher Zahn at Marshall Gerstein.

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