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Commercial Contracts
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January 09, 2025
NJ Firm Accused Of Malpractice Hid Facts, Insurer Says
An insurer has told a New Jersey federal court that a law firm it insured had no coverage for malpractice allegations because it knew its attorney was accused of bilking a man's heirs out of estate assets years before the firm was sued for wrongdoing, but never told the insurer.
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January 09, 2025
Yale Wins Info Battle In $435M Hospital Sale Contract Fight
Three Connecticut property owners must hand over internal analyses and communications to Yale New Haven Health Services Corp. as it seeks evidence in support of its bid to back out of a $435 million deal to purchase hospitals from Prospect Medical Holdings Inc., a state court judge ruled.
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January 09, 2025
White And Williams Elevates New Subrogation Dept. Chair
White and Williams LLP has elevated a longtime subrogation partner to chair of the firm's subrogation department, in which he has practiced for more than 30 years.
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January 09, 2025
Musk Could Dodge Some Claims In X Severance Suit
Six former Twitter employees who alleged they weren't paid severance benefits after Elon Musk took over the company shouldn't be able to proceed with their claims under Texas law, a Delaware federal magistrate judge said, but he recommended that claims under California and New York law be given a second chance.
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January 09, 2025
Rooftop Owner Can't Strike Out Chicago Cubs' Ticket Suit
A rooftop venue owner accused of selling tickets to Chicago Cubs games and other events without a license cannot ditch the lawsuit and redirect its claims to arbitration because he brought the wrong motion to do so, an Illinois federal judge said Tuesday.
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January 08, 2025
Group Alleges $10M 'Sham' In Fla. Plant-Based Co. Stock Deal
A Canadian investment group has sued two Delaware corporations in Florida federal court over a "sham" stock deal, alleging it was fraudulently induced to sell its plant-based food technology company and later cheated out of $10 million worth of cash and common stock it was promised.
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January 08, 2025
2nd Circ. Weighs FIFA Verdicts In Light Of High Court Rulings
Brooklyn federal prosecutors on Wednesday urged the Second Circuit to reverse a lower court's controversial decision to overturn the bribery convictions of a former 21st Century Fox television executive and an Argentine marketing company, disputing that the U.S. Supreme Court's recent corruption rulings impact the massive FIFA corruption ordeal.
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January 08, 2025
Bankrupt Ligado Sues Over $1.7B Cooperation Deal Breach
Satellite communications company Ligado Networks accused a satellite service provider of breaching a $1.7 billion cooperation deal aimed at facilitating Ligado's terrestrial network operations by failing to upgrade its own satellite terminals and deliver portions of its spectrum.
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January 08, 2025
Judge Reverses His Own Ruling In Chicago Hotel Zoning Fight
An Illinois federal judge ruled against the owners of a historic Chicago hotel Tuesday, dialing back an earlier victory he had granted them last year in a zoning suit against the city.
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January 08, 2025
Ex-Marketing Exec Says J&J Unit Dodging Basic Discovery
An ex-marketing director for Johnson & Johnson's vision unit urged a New Jersey federal judge to order her former employer to produce documents related to its suit alleging she breached a noncompete agreement, arguing its stonewalling of discovery is depriving her of a fair chance to defend herself.
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January 08, 2025
Abbott Beats UC Regents' Probiotic Patent Claims
An Illinois federal judge has found that claims in a pair of patents owned by the University of California related to a baby probiotic were invalid, handing a win to Abbott Laboratories in a suit accusing the company of infringing the patents.
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January 08, 2025
MLBPA Unit Drops NIL Suit Against Pirates, Store Chain
A unit of the Major League Baseball Players Association has dropped a Pennsylvania federal lawsuit that accused the Pittsburgh Pirates and a local convenience store chain of exploiting the names, images and likenesses of team players in marketing materials.
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January 07, 2025
Charter Communications Says VP Stole Trade Secrets
Charter Communications Inc. filed a lawsuit in Connecticut federal court Tuesday against a former executive it claims made off with trade secrets and began working as a senior vice president and chief information officer of a competitor, Metronet.
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January 07, 2025
NFT Buyers Can't Sue Over Market Fluctuations, Gallery Says
A Metaverse-based art collection club has urged a federal judge to dismiss a fraud suit brought by investors claiming it lied about the benefits of investing in its members-only NFT opportunity, arguing that the alleged losses aren't attributable to anything other than market fluctuations and that New York's consumer protection laws do not protect out-of-state investors.
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January 07, 2025
Cooper Standard Says $11M Royalty Fight Can't Be Arbitrated
The former parent company of a group of international automotive product suppliers has asked a Michigan federal judge not to force arbitration of its lawsuit accusing them of stiffing it out of more than $11 million in royalties, saying the suppliers waived their right to arbitration.
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January 07, 2025
Aerospace Co. Fights Injunction Bid In Amazon Contract Fight
A Connecticut-based manufacturer of satellite launcher component parts is urging a federal court to nix a Swedish company's bid for emergency relief as it pursues arbitration over a supply contract for an Amazon project aimed at increasing global broadband access, saying it's blameless in the dispute.
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January 07, 2025
5 Argument Sessions Benefits Attys Should Check Out In Jan.
The U.S. Supreme Court will hear from Cornell University workers looking to revive a retirement plan mismanagement suit and a former firefighter who says federal disability bias law protects post-employment benefits, while circuit courts will weigh gender-affirming care restrictions and a battle over pension annuity payments. Here, Law360 looks at five arguments that benefits attorneys ought to keep an eye on this month.
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January 07, 2025
Keller Postman Drops Suit Against Jenner & Block, For Now
Keller Postman LLC has dismissed its suit accusing Jenner & Block LLP of using unethical tactics to gain leverage in mass arbitration against the streaming service Tubi but requested the complaint be dismissed without prejudice.
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January 07, 2025
Judge OKs Dig Into Yale, Fertility Doctor's Decade Of Files
A Connecticut state trial court judge will allow two women to dig through a decade of records spanning 1974 to 1984 to support their assertions that a Yale-connected fertility doctor used his own sperm to impregnate them in the mid-1980s.
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January 07, 2025
Coffee Co. Says Exporter Owes $18M For Missing Shipments
A "green" coffee retailer told a Florida federal judge on Tuesday that it can prove it is owed more than $18 million for prepaid coffee shipments that were never received from a Nicaraguan green coffee bean exporter.
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January 07, 2025
Developer Says Mass. Stalling $15M Brownfields Tax Credit
The developer of a 3.5-acre luxury condo and apartment complex in Boston's Seaport District is accusing the state of improperly second-guessing the work of its licensed environmental remediation consultant to deny a $15.3 million brownfields tax credit, then dragging its feet on an administrative appeal.
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January 07, 2025
Ford Tells NJ Justices Car Group Can't Rely On Franchise Law
Ford Motor Co. told the New Jersey Supreme Court during oral argument Tuesday that a coalition of car dealerships can't sue it under the state's franchising law, arguing the plain language of the law only allows for franchisees to bring a cause of action against franchisors.
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January 07, 2025
Warner Bros., CEO Face 2nd Investor Suit Over Lost NBA Deal
A second Warner Bros. Discovery shareholder has sued the media giant and CEO David Zaslav in federal court, accusing them of misleading fellow investors about the company's financial strength as attempts to renew its NBA media rights deal were disintegrating.
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January 07, 2025
Judge Cuts $6M From Telecom Haiti Phone Call Cost Award
An Oregon federal judge shaved more than $6 million off a jury's award to Haiti's biggest telecom Monday, ruling that the company had not shown any evidence of lost profits from Oregon-based UPM Technology's scheme to evade the provider's international calling rates.
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January 07, 2025
Law Firm Sought To Collect Expired Debts, 3rd Circ. Told
A New Jersey woman has urged the Third Circuit to revive her proposed class action against Garden State law firm Cohn Lifland Pearlman Herrmann & Knopf LLP over its debt collection practices, arguing a lower court was too loose with its standard for the timeliness of the two lawsuits involved.
Expert Analysis
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Testing The Waters As New Texas Biz Court Ends 2nd Month
Despite an uptick in filings in the Texas Business Court's initial months of operation, the docket remains fairly light amid an apparent wait-and-see approach from some potential litigants, say attorneys at Norton Rose.
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How DOJ's Visa Debit Monopolization Suit May Unfold
The U.S. Department of Justice's recently filed Section 2 monopolization suit against Visa offers several scenarios for a vigorous case and is likely to reveal some of the challenges faced by antitrust plaintiffs following the U.S. Supreme Court's split 2018 American Express decision, say attorneys at Mintz.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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There's No Crying In Property Valuation Baseball Arbitration
The World Series is the perfect time to consider how the form of arbitration used for settling MLB salary disputes — in which each side offers competing valuations to an arbitrator, who must select one — is often ideal for resolving property valuation disputes, say Sean O’Donnell at Herrick Feinstein and Mark Dunec at FTI Consulting.
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Navigating Fla.'s Shorter Construction Defect Claim Window
In light of recent legislation reducing the amount of time Florida homeowners have to bring construction defect claims, homeowners should be sure to understand their rights and responsibilities regarding maintenance, repairs and inspections set forth in developer-drafted documents, say Brian Tannenbaum and Nicholas Vargo at Ball Janik.
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Why Diversity Jurisdiction Poses Investment Fund Hurdles
Federal courts' continued application of the exacting rules of diversity jurisdiction presents particular challenges for investment funds, and in the absence of any near-term reform, those who manage such funds should take action to avoid diversity jurisdiction pitfalls, say attorneys at Sher Tremonte.
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Webuild Ruling Complicates Arb. Award Enforcement In US
A Delaware federal court's recent decision in Sociedad Concesionaria Metropolitana de Salud v. Webuild, if read literally, could undercut the United States' image as a proarbitration jurisdiction by complicating creditors' efforts to enforce awards against property in this country, says Jeff Newton at Omni Bridgeway.
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Series
Beekeeping Makes Me A Better Lawyer
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.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
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.
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How Cos. Can Build A Strong In-House Pro Bono Program
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.
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Bristol-Myers Win Offers Lessons For Debt Security Holders
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.
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Series
Home Canning Makes Me A Better Lawyer
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.