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Commercial Contracts
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March 04, 2025
Conn. Hospital Network Seeks Sanctions From Antitrust Class
Hartford HealthCare Corp. moved to sanction a proposed class of antitrust plaintiffs for asking a Connecticut judge to formally recognize a document exchange schedule privately agreed to by both sides, arguing that it should get attorney fees and costs for opposing the request.
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March 04, 2025
Freezer Co. Drops Supplier Suit Over $15M Embryo Loss
Freezer maker Chart Inc. has dropped its lawsuit alleging one of its suppliers should pay part of a $15 million verdict stemming from an implosion of Chart's cryopreservation tanks in 2018, which destroyed human eggs and embryos, according to an order Monday.
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March 04, 2025
Calif. Bar Staff Asks Board To Ditch Meazure's July Exam
The State Bar of California recommended to its board of trustees to forgo its current partnership with bar exam administer ProctorU Inc., doing business as Meazure Learning, ahead of the July 2025 test following the disastrous rollout of its February exam, which prompted a nationwide class action filed in California federal court last week.
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March 04, 2025
Feds Seek 40 Mos. For Husband Of Ex-Takeda Exec
The husband of a former Takeda Pharmaceuticals vice president should spend more than three years in custody for his role in a fraudulent invoice scheme that netted the couple $2.3 million, prosecutors have told a federal judge in Massachusetts.
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March 04, 2025
Chemours Says Competitor Framed Spat As Antitrust Affront
The Chemours Co. FC LLC urged a North Carolina judge to throw out a suit claiming the company and its distributor conspired to monopolize the market for HVAC refrigerants, calling the complaint a "transparent attempt to dress up a private business grievance as an antitrust complaint."
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March 04, 2025
Colorado Couple Sue Atty Over Handling Of Property Dispute
A Colorado couple sued for violating a settlement agreement in a dispute with their neighbor is suing their former lawyer for malpractice, arguing he poorly advised them to pursue a lawsuit despite the settlement's prohibiting it, then failed to properly represent them against counterclaims.
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March 03, 2025
ITG Owes Reynolds Tobacco $251M For Settlement Payments
ITG Brands LLC owes R.J. Reynolds Tobacco Co. roughly $251 million for payments R.J. Reynolds made to the state of Florida under a settlement reached before ITG acquired cigarette brands from it, according to an order issued by a Delaware vice chancellor Monday.
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March 03, 2025
Staffing Company Says Data Co. Dynata Stiffed It On $8M Bill
Connecticut-based market research company Dynata LLC stiffed a staffing company to the tune of $8 million after the staffing company refused to foot the bill for a wage and hour class action against Dynata, a Dallas jury heard Monday.
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March 03, 2025
American Asks Justices To Mull Bid To Revive JetBlue Pact
American Airlines has told the U.S. Supreme Court that the First Circuit flouted basic antitrust principles when it invalidated the carrier's codeshare agreement with JetBlue in Boston and New York, a decision that "threatens to wreak havoc on productive collaborations of all shapes and sizes."
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March 03, 2025
Credit Bureaus Look To Duck Renewed Medical Debt Claims
Equifax, Experian and TransUnion asked a California federal judge Monday to toss an updated case accusing the credit reporting agencies of violating antitrust law by agreeing to exclude medical debt under $500 from consumer credit reports.
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March 03, 2025
Insurer Says It's Off The Hook In Construction Site Injury Suit
State National Insurance Co. urged a Washington federal court on Monday to find it has no duty to defend a construction firm from a negligence claim brought by a worker who was allegedly hit by a falling object while delivering materials to a Seattle job site in 2021.
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March 03, 2025
Tobacco, Cannabis Cos. Score Partial Wins In TM Fight
An Arizona federal court judge has issued a mixed ruling on dueling summary judgment bids in a trademark lawsuit over a tobacco company and a cannabis company's shared use of the word "Raw" in branding.
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March 03, 2025
Texas High Court Told Telecom Law Clears State Constitution
Texas is hoping its highest court will overturn a ruling that found the state violated its own constitutional rules about gift-giving by capping the amount cities can charge telecoms for using their rights-of-way to such a degree that they were basically forced to give away public money.
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March 03, 2025
Adviser Funneled Investor Cash Into $300M Ponzi, Suit Says
A Georgia financial adviser has been hit with a proposed class action alleging that she funneled investors into a company at the heart of what the U.S. Securities and Exchange Commission has called a $300 million Ponzi scheme.
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March 03, 2025
4th Circ. Backs Away From Contractor's Arbitration Fight
The Fourth Circuit said Monday it doesn't have jurisdiction over a contractor's challenge to a couple's arbitration award for an incomplete home renovation project, citing the U.S. Supreme Court's holding that federal courts have jurisdiction only over motions to compel, but not vacate or confirm, arbitration awards.
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March 03, 2025
VLSI Maintains Intel Doesn't Have A Free License To Its IP
VLSI Technology has urged U.S. District Judge Alan Albright to reinstate his 2022 decision that Intel Corp. doesn't have a license to its patents, saying no facts impacting a potential license have changed in the interim.
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March 03, 2025
5 Mass. Rulings You May Have Missed In February
Justices in Suffolk County Superior Court's business litigation session tackled a range of issues in February, including greenwashing, consumer protection and development disputes.
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March 03, 2025
NYT Seeks To Ax Baldoni's 'It Ends With Us' Defamation Suit
The New York Times urged a New York federal court to toss defamation claims made by Justin Baldoni over the news organization's coverage of the "It Ends With Us" actor-director's legal battle with Blake Lively over the actress's sexual harassment complaints, saying it is legally protected reporting and opinion made without malice.
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March 03, 2025
JLL Can't Get Early Win In $7.4M Broker Fee Suit, IT Co. Says
Information technology staffing company Nityo Infotech Corp. is fighting JLL's early win bid in New York federal court in a $7.4 million brokerage fee dispute, arguing that it doesn't contractually owe anything to JLL.
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March 03, 2025
Sutter Settles Years-Old Antitrust Suit On Courthouse Steps
Attorneys for a class of millions of health insurance premium payors announced an eleventh hour deal staving off a new antitrust trial Monday in California federal court over claims that hospital chain Sutter Health drives up costs by pushing all-or-nothing network deals on insurers.
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March 03, 2025
Pa. Supreme Court Snapshot: Negligence Damages Caps
The Pennsylvania Supreme Court will start and end its March session examining long-standing precedents, beginning Tuesday with an argument that will spotlight damages against government entities, and wrapping up Wednesday with a matter hinging on a rule that lets general contractors share their subcontractors' immunity under the workers' compensation law.
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March 03, 2025
Accounting Firm Wants Out Of Fired Credit Union CEO's Suit
A Connecticut credit union's former chief executive officer has no standing to sue accounting firm Whittlesey PC after following its financial advice allegedly got him fired because he was never its client to begin with, according to a dismissal bid the firm filed in state court.
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March 03, 2025
High Court Declines Souvenir Store's TM Fraud Case
The U.S. Supreme Court said Monday it will not consider a Florida souvenir store chain's challenge to a Second Circuit decision shutting down its case that a bankrupt beachwear company fraudulently procured a trademark registration to secure a $3.5 million settlement.
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March 03, 2025
Justices Turn Down Suit By Worker Fired Over Online Post
The U.S. Supreme Court said Monday it would not review a Sixth Circuit decision holding that a former CSX Transportation Inc. engineer waited too long to try to revive his wrongful termination suit stemming from an online post he made about a fatal train accident.
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February 28, 2025
Align Tech Deal Directs Buyers To A Monopolist, Judge Says
A California federal judge has soundly rejected Align Technologies Inc.'s proposed $27.5 million antitrust settlement with teeth-aligner buyers, slamming Align as a monopolist and saying that the deal "will direct still more customers to the monopolist."
Expert Analysis
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
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.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
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.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
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.
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State Of The States' AI Legal Ethics Landscape
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.
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Review Shipping Terms In Light Of These 3 Global Challenges
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.
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Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'
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.
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8 Childhood Lessons That Can Help You Be A Better Attorney
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.
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Opinion
This Election, We Need To Talk About Court Process
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.
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Int'l Agreements Are Key For Safe Nuclear Waste Disposal
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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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Opinion
FTC's Report Criticizing Drug Middlemen Is Flawed
The Federal Trade Commission's July report, which claims that pharmacy benefit managers are inflating drug costs, does not offer a credible analysis of PBMs, and its methodology lacks rigor, says Jay Ezrielev at Elevecon.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Del. Dispatch: Cautionary Tales Of 2 Earnout Effort Breaches
The Delaware Court of Chancery's tendency to interpret earnout provisions precisely as written, highlighted in two September rulings that found buyers breached their shareholder obligations when they failed to make reasonable efforts to hit certain product development milestones, demonstrates the paramount importance of precisely wording these agreements, say attorneys at Fried Frank.
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Managing Sanctions Defense Across Multiple Jurisdictions
Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.