Commercial Contracts

  • January 23, 2025

    4th Circ. Unwinds Rocket Mortgage Borrowers' Class Cert.

    A split Fourth Circuit on Thursday reversed the class certification of borrowers who accused Rocket Mortgage of inflating their home values, finding that not all potential class members could prove they were injured under the U.S. Supreme Court's heightened pleading standard in TransUnion.

  • January 23, 2025

    Ex-Tribal Chair Seeks High Court Review Of Extortion Verdict

    A former tribal chair in Massachusetts told the U.S. Supreme Court on Thursday that the First Circuit was wrong and stands alone in ruling that federal extortion laws apply to Native American officials as it reinstated his convictions tied to the development of a casino project.

  • January 23, 2025

    Catholic University, Students' $2M Deal Wraps Up COVID Suit

    A D.C. federal judge gave final approval to a $2 million settlement between Catholic University and a class of students who say they lost opportunities when the school shut down in-person learning at the height of the COVID-19 pandemic.

  • January 23, 2025

    Wells Fargo Prevails In $25M Mortgage Default Dispute

    A Pennsylvania state court sided with Wells Fargo in a foreclosure suit accusing a Philadelphia property owner of defaulting on a nearly $25 million mortgage loan, finding the owner failed to abide by the loan agreement.

  • January 23, 2025

    Judge Throws Out Minor League Owners' Suit Against Rival

    A New Jersey federal judge dismissed a suit brought against a minor league baseball team owner by a rival company over his alleged moves to undermine its position in financial negotiations with Major League Baseball, ruling that the owner had no duty to his rival during those talks.

  • January 23, 2025

    Fla. Insurer Tries To Toss Suit Blaming It For Black Mold Death

    A Sunshine State insurer accused of wrongfully causing the death of a woman who died from black mold contamination after it didn't send a promised team to her home to fix hurricane damage has urged a Florida judge to dismiss the suit, calling it a bad-faith case in disguise trying to get around an already pending contract dispute.

  • January 23, 2025

    7th Circ. Says Ex-Manager's Noncompete Allowed Clawback

    The Seventh Circuit reopened an auto parts company's lawsuit seeking to recover proceeds a plant manager got from selling shares he was granted, saying Delaware's top court has made clear that a lower court shouldn't have analyzed whether the forfeiture-for-competition provisions of the stock agreements were reasonable.

  • January 23, 2025

    Ex-J&J Exec Accused Of File Theft Has Died, Court Told

    A former competitive strategy director for Johnson & Johnson accused of stealing confidential files when he left the company to work for Pfizer has died, according to a court filing.

  • January 23, 2025

    AT&T, Fidelity Beat Retiree's Suit Over Mistaken Benefits

    A retiree who claimed he was misled by AT&T and Fidelity into thinking he was owed more retirement benefits than he received cannot proceed with his suit, a Colorado federal judge ruled, stating that the snafu resulted in a miscommunication, not a violation of federal benefits law.

  • January 23, 2025

    NC Biogas Co. Sidesteps Sanctions For Now In Lender Fight

    A North Carolina Business Court judge held back on sanctioning a biogas company for allegedly violating a court order to pay its lender before pursuing new contracts on a renewable energy project, reasoning that he needs more information about the terms of the agreement to see if a contempt ruling is warranted.

  • January 23, 2025

    White And Williams' NY Office Head Named Bankruptcy Chair

    The managing partner of White and Williams LLP's New York office has taken on the role of chair of the firm's financial restructuring and bankruptcy practice, where she plans to focus on improving the practice group's visibility while ensuring high quality of client service and helping its attorneys to excel.

  • January 23, 2025

    Starbucks Claims Ex-Exec Owes Company $830K

    Starbucks claimed in New Jersey federal court Wednesday that a former senior vice president has failed to pay back the pro rated portion of his $1 million signing bonus, saying the former employee owes $830,000.

  • January 23, 2025

    'Not Just A Game': Producers Fight Pause On 'The Deb' Suit

    Producers of the musical film "The Deb" urged a Los Angeles judge on Thursday not to pause Rebel Wilson's embezzlement claims while the actress appeals another portion of the case, saying they need a resolution in order to sell the movie and recoup nearly $14 million for investors.

  • January 23, 2025

    NY Federal Judge Urged To OK $149M Grain Exporter Award

    Corporate trustee services provider Madison Pacific Trust Ltd. asked a Manhattan federal judge to confirm a $149 million arbitration award that it won from the founders of a Ukrainian grain exporting conglomerate that allegedly failed to pay its debt.

  • January 23, 2025

    Feds Want 14 Years For Fraudster Who Scammed NBA Pros

    Prosecutors asked a Manhattan federal judge to sentence a recidivist fraudster who was convicted of swindling two former NBA players out of $8 million to up to 14 years in prison, saying his previous sentences had not deterred him and he'd committed repeated bail violations.

  • January 22, 2025

    Fla. Court Proposes $19M In Damages In Spinal Products Suit

    A Florida federal judge has recommended that the principal of spine medical equipment companies pay $19.3 million in damages after allegedly breaching an agreement and forming a direct competitor to a business he previously contracted with for exclusive distribution of its products.

  • January 22, 2025

    Attorneys Botched Arbitration Win, Texas Property Cos. Claim

    A group of property owners in Texas told a Harris County judge a law firm and five attorneys helped them secure a $1.7 million arbitration award but never took action when the award misidentified their names, making them unable to collect.

  • January 22, 2025

    American, JetBlue Ink $1.9M Atty Fee Deal After Antitrust Loss

    A Massachusetts federal judge signed off Tuesday on a settlement requiring American Airlines and JetBlue to cover $1.9 million worth of legal fees that a group of state attorneys general spent successfully challenging the two airlines' Northeast Alliance joint venture as anticompetitive.

  • January 22, 2025

    Texas Court Asks If $50M Award In Dubai Tower Case Was Fair

    A Texas appeals court worked Wednesday to untangle whether executives who are on the hook for $50 million received a fair shot in the United Arab Emirates' court system after they abandoned ambitious tower projects in Dubai.

  • January 22, 2025

    BNY, Mortgage Co. Sued Over Post-Bankruptcy Collections

    Bank of New York Mellon and a mortgage servicing company face proposed class action claims that they unfairly sought to collect on second mortgages held by homeowners who declared bankruptcy amid the 2008 housing crisis.

  • January 22, 2025

    Insurer Asks NC Court To Revive Civil Rights Coverage Fight

    An insurer asked a North Carolina state appeals court to revive its case seeking to deny coverage to the state after stepbrothers who were wrongfully convicted of the rape and murder of an 11-year-old girl won an underlying civil rights suit against the state officers they blamed for their incarceration.

  • January 22, 2025

    Prospect Seeks To Move Conn. Hospital Sale Suit To Texas

    National hospital chain Prospect Medical Holdings on Wednesday told a Connecticut federal judge that its recent Texas bankruptcy filing means a suit over a collapsed $435 million deal to sell its Connecticut-based hospitals belongs in Texas bankruptcy court.

  • January 22, 2025

    Pa. Justices Revive Case Over Hospital Care Discontinuation

    Pennsylvania's highest court on Wednesday ruled a trial court had reasonable grounds to halt plans by now-bankrupt hospital operator Prospect Medical Holdings Inc. to discontinue emergency and acute care services at a Delaware County facility.

  • January 22, 2025

    8th Circ. Finds Monsanto PCB Case Can Stay In Federal Court

    The Eighth Circuit on Wednesday allowed General Electric Co. and others to keep in Missouri federal court a suit by Monsanto Co. seeking defense for suits against Monsanto over polychlorinated biphenyls, finding that the suit was removed to federal court on time.

  • January 22, 2025

    9th Circ. Won't Revive Express Scripts Generics Dispute

    A Ninth Circuit panel won't renew a suit accusing Express Scripts of shortchanging a Seattle pharmacy on reimbursements for the generic version of HIV/AIDS drug Truvada, finding that only the name-brand prescription was listed in their contract as a "covered specialty medication" entitled to a higher payback rate.  

Expert Analysis

  • Navigating Fla.'s Shorter Construction Defect Claim Window

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    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.

  • Why Diversity Jurisdiction Poses Investment Fund Hurdles

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    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.

  • Webuild Ruling Complicates Arb. Award Enforcement In US

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    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.

  • 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.

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