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Commercial Contracts
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June 13, 2024
Subway Can't Nix Arb. Award To Family Of Murdered Worker
A Texas appellate panel on Wednesday declined to vacate an arbitration award to the family of a woman killed while working at Subway after rejecting Subway's argument the neutral arbitrator's Facebook posts complaining about State Farm and its attorneys are evidence of bias, finding neither are involved in the underlying case in any way.
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June 13, 2024
Oral Arguments Granted In $51M NOLA Airport Defect Row
A Louisiana federal judge will hear oral arguments next month over a counterclaim brought by the city of New Orleans concerning damages at a $1 billion terminal project for the Louis Armstrong New Orleans International Airport.
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June 13, 2024
Theater Co. Cites Prior Ruling Against Cruise Biz In IP Suit
A Louisiana theatrical production company is urging a Florida state court to rule in its favor on damages in a lawsuit alleging Celebrity Cruises Inc. continued to use intellectual property beyond licensing agreements, saying the issue was already ruled on in a previous lawsuit between the same parties.
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June 13, 2024
Cannabis Cos. Make Deal Ahead Of Expected DEA Downgrade
An attorney and cannabis entrepreneur is betting that the federal government will reschedule marijuana before winter, announcing his equipment manufacturing firm will ally with a Native American-owned cannabis oil processing company to build out a pharmaceutical cannabis extraction facility.
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June 13, 2024
Feud Over Pickleball Paddle Design Bounces Into Court
A pickleball paddle manufacturer sued the sport's U.S. regulating body Wednesday, accusing the organization of revoking its approval of a new paddle design after the business had manufactured the paddles, leaving the company with $70 million worth of equipment it can never sell.
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June 13, 2024
Turkish Jet Co. To Pay $285K For Russia Charter Flights
A Turkish aviation company will pay the U.S. Department of Commerce $285,000 to resolve export violations stemming from two private charter flights the company made to Russia in a U.S.-made Gulfstream plane, the agency announced Thursday.
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June 13, 2024
Insurer Calls Convicted Mogul's $633M IOU 'Worthless' Ruse
Convicted insurance mogul Greg Lindberg has offered a "worthless" $633 million promise as a ruse to end an insurance company's bid to collect a $524 million arbitration award, a North Carolina federal court heard this week.
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June 13, 2024
Pryor Cashman Aided Developer Fraud, Owes $5.7M, Cos. Say
New York-based law firm Pryor Cashman LLP has been hit with a $5.7 million lawsuit in state court accusing it of aiding and abetting fraud while representing a real estate developer by allegedly providing false information to another party in a transaction involving a Manhattan property.
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June 13, 2024
Texas Biz Wants $4.7M Fee Dispute With Dentons Tossed
A Houston-area crisis response business wants a Texas federal court to toss international law firm Dentons Europe CS LLP's complaint accusing it of failing to pay more than $4.7 million in legal fees, arguing the action is deficient and that the dispute belongs in England.
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June 13, 2024
Vero Biotech Tried To 'String Along' Safety Monitor, Suit Says
Georgia-based medical device maker Vero Biotech LLC reneged on a payment plan with a consulting firm hired to monitor its products, according to a lawsuit filed in Massachusetts state court on Wednesday.
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June 13, 2024
Longtime Dentons Atty Rejoins Firm After In-House Stint
Dentons announced that an attorney who previously spent over 25 years at the firm and its preceding organization rejoined its Los Angeles office as a partner in the capital markets practice, following several years of working as general counsel for lending companies.
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June 13, 2024
Bond Denial Upheld For Army Construction Project
An Illinois federal judge affirmed an arbitration award relieving two insurers of covering a $1.8 million bond issued to a subcontractor retained for a U.S. Army construction project, upholding the arbitrator's finding that the status of the project wasn't accurately represented at the time of bond procurement.
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June 13, 2024
Ex-DLA Piper Atty, Md. Registered Lobbyist Joins Saul Ewing
A longtime DLA Piper attorney and registered lobbyist with more than 30 years backing clients before Maryland regulators is joining Saul Ewing LLP, the firm has announced.
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June 13, 2024
Polsinelli Opens In Fort Worth With 4-Atty Texas Firm Combo
Polsinelli PC has stepped into its third Lone Star State city by bringing on the four-attorney team from Commercial Law Advisors PLLC in Fort Worth, Texas.
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June 12, 2024
'Repugnant To Civility': Judge Rips, Yet Won't DQ Taft Stettinius
A Michigan state judge slammed law firm Taft Stettinius & Hollister LLP for keeping ex-client MGM in the dark about its merger with another firm and called Taft Stettinius' assertion MGM should have figured it out "repugnant to civility," but nonetheless said he wouldn't disqualify Taft Stettinius from representing MGM's opponent in an arbitration.
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June 12, 2024
Texas Judge 'Exasperated' By Parties In Skiplagged Suit
An "exasperated" Texas federal judge on Wednesday ordered American Airlines and airfare search engine Skiplagged Inc. into mediation after the parties ran into their sixth discovery dispute in litigation around Skiplagged's alleged unauthorized ticket sales, saying the court didn't want to referee "countless discovery disputes used as litigation tactics."
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June 12, 2024
Axos Bank Can't Arbitrate 'Bait & Switch' Suit, Customers Say
Customers suing Axos urged a federal judge not to let the bank arbitrate their claims in a consolidated dispute over how it handled interest rates on savings deposit accounts offered through online banking division UFB Direct, arguing that the court, not an arbitrator, must decide arbitrability.
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June 12, 2024
Internet Co. Hit With $4M Default Judgment Over Tower Bills
TPT SpeedConnect has been slapped with a nearly $4 million judgment after it stopped footing the bill on some 60 of its license agreements, which allowed the internet service provider to keep its telecom equipment installed on others' towers in exchange for rent.
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June 12, 2024
'83 Wolfpack Suit May Throw NIL Peace For A Loop
As the NCAA cheered a settlement aimed at marshaling payments to athletes for their names, images and likenesses last week, experts say a new suit from one of college basketball's most historic teams illustrates the shortcomings of a hasty effort to right past wrongs.
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June 12, 2024
Oppenheimer, Cybersecurity Co. Settle $12M SPAC Bill Spat
Oppenheimer & Co. and an Israeli cybersecurity company have reached a settlement to end claims that the company refused to pay $12 million in fees for SPAC merger-related services the investment bank provided, according to a New York federal court filing made Wednesday.
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June 12, 2024
Yale Hospital OK With Merging Suits Over Stalled $435M Sale
Yale New Haven Hospital has consented to combining two dueling lawsuits over its stalled $435 million deal to buy three Connecticut facilities operated by California-based Prospect Medical Holdings Inc., agreeing that judicial efficiency and economy is best served by consolidating both entities' claims into one proceeding.
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June 12, 2024
11th Circ. Could Revive Venezuela Chemical Co. Seizure Suit
An Eleventh Circuit panel appeared open to reviving a lawsuit accusing Venezuela of unlawfully seizing a chemical company amid allegedly trumped-up criminal drug charges, as the judges spent much of a hearing on Wednesday questioning why a critical witness was barred from testifying.
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June 12, 2024
Judge Says Biden Admin Must Allow Show Loophole, For Now
A Texas federal judge has ordered the Biden administration to stop enforcing a Bureau of Alcohol, Tobacco, Firearms and Explosives rule that seeks to close what is known as the gun show loophole by requiring many private sellers to register as dealers and perform background checks before transacting gun sales.
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June 12, 2024
Something Fishy With Conagra's '100% Whole Fish,' Suit Says
Customers alleged in Illinois federal court Tuesday that Conagra misled them by marketing its popular Van de Kamp's and Mrs. Paul's frozen fish products as "100% whole fish," despite artificially adding weight to those fish with an industrial filler and extra water.
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June 12, 2024
Doctor Says Lawyer, Insurer Agreed To Backdoor Settlement
A Colorado neurosurgeon accused an attorney and an insurer of interfering with the legal services provided to him in defense of an underlying medical malpractice suit, telling a state court the underlying suit was settled without his consent, elevating the carrier and its insured's interests over his own.
Expert Analysis
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Del. Dispatch: The 2023 Corporate Cases You Need To Know
Corporate and mergers and acquisitions litigation has continued at a fevered pace this year, with the Delaware courts addressing numerous novel issues with important practical implications, including officer exculpation and buyer aiding-and-abetting liability, say attorneys at Fried Frank.
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Contract Disputes Recap: Termination and Accrual
Edward Arnold and Bret Marfut at Seyfarth Shaw examine three recent decisions that illustrate why contractors should consider, during the bidding process, impediments to their ability to meet contract requirements, and the need to track the accrual dates of individual claims that may arise during performance to avoid being time-barred.
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The Year In FRAND: What To Know Heading Into 2024
In 2023, there were eight significant developments concerning the fair, reasonable and nondiscriminatory patent licensing regime that undergirds technical standardization, say Tom Millikan and Kevin Zeck at Perkins Coie.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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What DOD Commercial Product Rule Means For Contractors
A recent amendment to the Defense Federal Acquisition Regulation Supplement, along with forthcoming changes to the definition of what constitutes a subcontract, will offer some relief for commercial products and services contractors, but the U.S. Department of Defense should do more to reduce regulatory burdens, say Daniel Ramish and Jonathan Shaffer at Haynes Boone.
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How Int'l Student-Athlete Law Would Change The NIL Game
Recently proposed legislation to allow international student-athletes the opportunity to profit from their name, image and likeness without violating their F-1 nonimmigrant student visa status represents a pivotal step in NIL policy, and universities must assess and adapt their approaches to accommodate unique immigration concerns, say attorneys at Phelps Dunbar.
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A Former Bankruptcy Judge Talks 2023 High Court Rulings
In 2023, the U.S. Supreme Court issued four bankruptcy law opinions — an extraordinary number — and a close look at these cases signals that changes to the U.S. Bankruptcy Code will have to come from Congress, not the courts, says Phillip Shefferly at the University of Michigan Law School.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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5 Steps For Healthcare Companies After Biden's AI Order
Rather than simply monitoring for the issuance of agency guidelines on artificial intelligence in the wake of President Joe Biden's October executive order, health and life sciences companies should take action now and begin building internal operational and technical infrastructures designed to govern the use of AI, says Joy Sharp at Faegre Drinker.
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7 Ways To Address Unknowns In Outsourcing Contracts
Amid rising business uncertainty, companies outsourcing critical functions should build flexibility into their contracts and adopt several contracting approaches to be prepared for a large range of unknown conditions, say Brad Peterson and Laura Buchanan at Mayer Brown.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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When Patients Have Standing For Hospital Antitrust Suits
Brown v. Hartford Healthcare Corp., recently decided by a Connecticut state court, provides a useful examination of how antitrust standing issues may be analyzed when patients directly sue a healthcare system for anti-competitive conduct, says Charles Honart at Stevens & Lee.
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Insurer's '600-Lb. Life' Win Shows Why Fraud Suits Don't Stick
A Texas federal court’s recent ruling that Philadelphia Indemnity Co. did not fraudulently induce Megalomedia, the production company behind reality show “My 600-Lb. Life,” into purchasing insurance, demonstrates why a policyholder’s fraudulent inducement claim against an insurer will rarely succeed, says Robert Tugander at Rivkin Radler.
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What 3rd Circ. Gets Wrong About Arbitration Enforcement
The Third Circuit and other courts should correct their current law, exemplified by the Third Circuit's recent decision in Henry v. Wilmington Trust, requiring a motion to dismiss based on an arbitration clause because it conflicts with the Federal Arbitration Act, the Federal Rules of Civil Procedure, and — with regard to the improper-venue approach — U.S. Supreme Court precedent, says David Cinotti at Pashman Stein.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.