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Commercial Contracts
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August 09, 2024
NC Insurance Mogul Must Pay Dutch Insurer's $166M Award
Insurance mogul Greg Lindberg and his companies must pay a $166 million arbitral award issued to defunct Dutch life insurer Conservatrix, a North Carolina federal court ruled, saying the award has been upheld by Dutch courts and there is nothing to indicate that the proceedings were not conducted fairly.
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August 09, 2024
Fannie Mae Seeks Memory Care Receiver After $28.3M Default
Fannie Mae asked a federal judge to appoint a receiver for three North Carolina senior living facilities after arguing that borrower Affinity Living Communities defaulted on $28.3 million worth of loans from the government-backed lender by missing three months of payments.
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August 09, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen China Evergrande Group file a commercial fraud claim against its founder's ex-wife, legal action by Manolete Partners against the directors of an insolvent construction company, VietJet tackle a claim by French banking group Natixis and more developments in the "Dieselgate" scandal. Here, Law360 looks at these and other new claims in the U.K.
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August 09, 2024
Ex-Mayer Brown Product Liability Atty Joins King & Spalding
King & Spalding LLP has hired a former Mayer Brown LLP partner for its product liability and mass torts practice group in New York.
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August 08, 2024
Jurors Weigh $200M For Carbon Monoxide Leak Victims
Counsel asked jurors during closing arguments Thursday in a Dallas County court to give his two child clients a voice after a carbon monoxide leak allegedly left them partially mute, saying that while his clients can't speak, the jurors can deliver a verdict to "speak for them."
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August 08, 2024
Parts Supplier Says Price Hikes Not Sabotaging Supply Chain
Pennsylvania-based supplier Modern Industries Inc. urged a federal court to deny a request for a preliminary injunction that would force it to provide key parts to auto parts manufacturer BorgWarner Turbo Systems LLC, which the supplier said has refused to pay increased prices.
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August 08, 2024
Calif. Justices Side With Hartford Unit In Virus Coverage Fight
The California Supreme Court on Thursday reversed an appellate court's finding that a virus endorsement rendered a restaurant's policy illusory in a coverage dispute with a Hartford entity over pandemic-related losses, instead ruling that the endorsement clearly provides coverage "only if the virus results from certain specified causes of loss."
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August 08, 2024
Instacart Shopper's Costco Injury Suit Sent To Arbitration
A Maryland federal judge has sent to arbitration a suit seeking to hold Costco liable for an Instacart shopper's slip-and-fall injuries, saying the warehouse club chain is a third-party retailer that falls under the arbitration clause in the grocery delivery company's independent contractor agreement.
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August 08, 2024
'Unclean Hands' Doom Colo. Dispute Over Cannabis Biz Sale
A Colorado state appeals court on Thursday affirmed the dismissal of a dispute over the sale of a cannabis business, saying the would-be buyer can't pursue its claims because the sale agreement was an illegal attempt to get around the state's licensing laws.
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August 08, 2024
Wash. Firm, Atty Say Rehashed $20M Con Claims Can't Stick
A Washington attorney and her former law firm have urged a Washington judge to toss a lawsuit alleging they were part of a scheme to con an asset management company out of $20 million, arguing that they were following instructions as escrow agents making sure funds were disbursed.
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August 08, 2024
11th Circ. Affirms OK Of $188M Award Against Venezuelan Co.
The Eleventh Circuit on Thursday enforced a $188 million arbitral award issued to a British Virgin Islands commodities firm, ruling in a published opinion that a Venezuelan state-owned mining firm's corruption arguments wrongly took aim at an underlying contract, rather than the award itself.
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August 08, 2024
No Private Right To Sue After 'Total Loss,' Colo. Panel Says
Colorado policyholders cannot sue their auto insurers to enforce a statute requiring them to cover vehicles' title and registration fees when vehicles are declared a total loss, a Colorado appeals court ruled Thursday, finding the statute contains no implied private right of action.
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August 08, 2024
9th Circ. Won't Rethink OK'ing Ad Class Cert. Against Meta
The Ninth Circuit refused Thursday to rethink a split panel decision affirming certification of a damages class of potentially millions of advertisers who were allegedly deceived about Facebook's "potential reach" tool, rejecting Meta Platforms Inc.'s warnings of unchecked fraud class actions.
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August 08, 2024
Amazon Must Face Pandemic Price-Gouging Claims In Wash.
Washington's high court said on Thursday that Amazon can be sued under the state's Consumer Protection Act over alleged price-gouging early in the COVID-19 pandemic, but stopped short of agreeing with customers that the law bars specific markup percentages.
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August 08, 2024
Ark. Racing Commission Wants Out Of Licensing Dispute
The Arkansas Racing Commission wants out of a dispute between a Mississippi casino operator and two Cherokee Nation entities over a gambling license, saying it has nothing to do with an economic development agreement at the center of the litigation.
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August 08, 2024
Home Security Co. Can't Recreate $12.1M Contract, Court Told
The home security arm of building firm Toll Brothers on Thursday asked a Connecticut Superior Court judge to nix three counterclaims from a contract lawsuit accusing another home security company of botching a $12.1 million home monitoring account purchase, saying the company was impermissibly reading language into the contract at issue and pressing duplicate allegations.
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August 08, 2024
Texas LNG Investor's Estate Sues In Del. Over Stake Valuation
The estate of a deceased investor who had a minority stake in a long-delayed liquified natural gas export project in Texas has sued his investment company and co-investors in Delaware's Chancery Court, alleging they are attempting to short-change the estate by undervaluing his stake in the project.
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August 08, 2024
Apple Must Produce Docs In Epic Antitrust Fight By Sept. 30
A California federal judge overseeing discovery in Epic Games' antitrust compliance fight with Apple gave the iPhone-maker a Sept. 30 deadline to hand over documentation on its response to foreign antitrust regulations and other internal documents, rejecting Apple's suggested December deadline and calling the 92,000-document review large but "not huge."
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August 08, 2024
VC, PE Firm Says Chinese Co. Cost $150M SpaceX Investment
A California-based venture capital and private equity firm has sued a Chinese company in California federal court, claiming Elon Musk's SpaceX rejected its planned $150 million investment after the Chinese company breached its promise to abide by strict confidentiality requirements and instead publicized its involvement in the planned investment.
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August 08, 2024
Crypto Co. Owes NBA's Pelicans $400K Over Sponsorship Deal
Cryptocurrency mining company PrimeBlock owes the NBA's New Orleans Pelicans $400,000 with interest after failing to hold up its end of a sponsorship agreement, a New Orleans federal judge has ruled.
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August 08, 2024
Ghana Must Pay $111M In Power Plant Fight, Court Rules
A D.C. federal judge has issued a default judgment against Ghana for more than $111 million left unpaid on an arbitral award issued by a London tribunal over the country's breach of a power plant operating deal with a subsidiary of commodities giant Trafigura.
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August 08, 2024
Insurer Utica Off Hook In High-End Leather Goods Dispute
Utica National Insurance Group is not obligated to defend or indemnify a maker of high-end leather goods against claims it fraudulently induced a former partner into a deal in order to steal his designs and then attempt to drive him out of business, a Massachusetts intermediate appellate court has concluded.
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August 08, 2024
Cooley Hit With Fla. Malpractice Suit Over Financial Docs
Genetic Networks LLC has sued California-based Cooley LLP in Florida state court, alleging the law firm failed to file documentation needed to secure a lien when preparing loan papers for $1.2 million lent to ECI Pharmaceuticals.
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August 08, 2024
Calif. Atty Says Lending Groups Illegally Threatened Fee Suit
A California attorney is accusing his former clients of illegally threatening a lawsuit over a $91,000 invoice, according to a suit filed in a Texas federal court.
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August 08, 2024
Conn. Judge Says Telecom Can Get $3.5M, Not $61M Interest
CCT Communications can't get the $61 million in interest it sought from a company it's been in dispute with for 14 years after a state judge ruled that Connecticut does not allow interest for breach of contract claims if the interest amounts to a penalty.
Expert Analysis
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What The Justices' Copyright Damages Ruling Didn't Address
While the U.S. Supreme Court’s recent ruling in Warner Chappell v. Nealy clarified when a copyright owner may recover damages in jurisdictions that apply the so-called discovery rule, it did not settle the overriding question of whether the Copyright Act even permits applying the rule, say Ivy Estoesta and William Milliken at Sterne Kessler.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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7 Effects Of DOL Retirement Asset Manager Exemption Rule
The recent U.S. Department of Labor amendment to the retirement asset manager exemption delivers several key practical impacts, including the need for managers, as opposed to funds, to register with the DOL, say attorneys at Ropes & Gray.
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Del. Rulings Make Clear That 'Arbitrator' Isn't A Magic Word
Recent decisions by the Delaware Chancery Court clarify that calling a process an "expert determination" or "arbitration" in a purchase agreement is not sufficient to define it as such, so practitioners must consider how to structure dispute resolution provisions to achieve their clients’ desired result, say attorneys at Troutman Pepper.
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Protecting IP May Be Tricky Without Noncompetes
Contrary to the Federal Trade Commission's view, trade secret law cannot replace noncompetes' protection of proprietary information because intellectual property includes far more than just trade secrets, so businesses need to closely examine their IP protection options, say Aimee Fagan and Ching-Lee Fukuda at Sidley.
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A Look At FERC's Plan To End Reactive Power Compensation
A recent notice of proposed rulemaking indicates that the Federal Energy Regulatory Commission is likely to eliminate compensation for reactive power within the standard power factor range — causing significant impacts for the electric power industry, which relies on income from providing this service, say Norman Bay and Matthew Goldberg at Willkie and Vivian Chum at Wright & Talisman.
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8 Legal Issues Influencing Investors In The Creator Economy
The rapidly expanding digital creator economy — funding for which more than doubled in the U.S. in the first quarter — comes with its own set of unique legal issues investors must carefully consider before diving in, say Louis Lehot and Alan Pate at Foley & Lardner.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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IP Considerations For Companies In Carbon Capture Sector
As companies collaborate to commercialize carbon capture technologies amid massive government investment under the Infrastructure Investment and Jobs Act, a coherent intellectual property strategy is more important than ever, including proactively addressing and resolving questions about ownership of the technology, say Ashley Kennedy and James De Vellis at Foley & Lardner.
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What's Notable In JAMS' New Mass Arbitration Rules
The Judicial Arbitration and Mediation Services’ recently released guidelines, coming on the heels of similar American Arbitration Association amendments, suggests that mass arbitrations will remain an efficient means for consumers to vindicate their rights against companies, say Jonathan Waisnor and Brandon Heitmann at Labaton Keller.
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How New Rule Would Change CFIUS Enforcement Powers
Before the May 15 comment deadline, companies may want to weigh in on proposed regulatory changes to enforcement and mitigation tools at the disposal of the Committee on Foreign Investment in the United States, including broadened subpoena powers, difficult new mitigation timelines and higher maximum penalties, say attorneys at Venable.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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Breaking Down 4th Circ. Pendent Appellate Jurisdiction Ruling
As illustrated by the Fourth Circuit's recent decision in Elegant Massage v. State Farm, denying class certification and granting a motion to dismiss, federal appellate courts continue to struggle with defining the scope of pendent appellate jurisdiction — or jurisdiction over nonfinal orders below, says Joan Steinman at the Chicago-Kent College of Law.
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FTC Noncompete Rule May Still Face Historical Hurdles
The Federal Trade Commission's final rule banning noncompetes might face challenges that could have been avoided with more cautious consideration of the commission's long history of failed lawsuits that went beyond the agency's statutory authority, as well as the mountain of judicial precedent justifying noncompete agreements in employment contracts, say attorneys at BakerHostetler.