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Commercial Contracts
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May 22, 2025
Life Insurer Strikes $335K Deal In Data Breach Suit
A woman who said her personal information was potentially compromised in a 2023 data breach at a life insurance and financial planning company asked a Connecticut federal court to sign off on the parties' settlement agreement, which would create a $335,000 settlement fund to resolve her proposed class action.
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May 22, 2025
Sutter Health's $228.5M Antitrust Deal Gets Initial OK
A California federal judge on Thursday preliminarily approved Sutter Health's $228.5 million deal settling a 13-year case over claims the hospital chain boosted costs by pushing all-or-nothing networks on insurers, saying that after a trial and a Ninth Circuit reversal, "it's nice that we didn't have to try this case twice."
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May 22, 2025
Settlement In Nationals' Ticket Bias Suit Gets Preliminary OK
A settlement providing restitution to baseball fans who sued the Washington Nationals for age discrimination in a ticket promotion targeting millennials and young professionals has been given preliminary approval by a D.C. federal judge.
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May 22, 2025
No COVID-19 Coverage For Hotel REIT, Texas Panel Affirms
A group of insurers has no obligation to cover an Austin, Texas-based real estate investment trust's pandemic-related losses, a state appellate court ruled Thursday, finding that a contamination exclusion in the REIT's policies unambiguously bars coverage.
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May 22, 2025
Servicer, BNY Seek Exit From Mortgage Statement Suit
Bank of New York Mellon and a mortgage servicing company have urged a Massachusetts federal court to permanently dismiss a proposed class action accusing them of trying to collect on post-bankruptcy liens, saying federal lending law does not obligate servicers to send mortgage statements to borrowers.
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May 22, 2025
2nd Suit Says Fla. Investigator Lied About Insurance Fraud
A Florida man accused of insurance fraud after helping a roofing company sign up customers whose homes suffered hurricane damage has sued the criminal investigator who referred the charges, telling a federal court that the investigator fabricated facts and intentionally misled state attorneys.
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May 22, 2025
Ill. Justices Say Wholesalers Had Notice In Cilantro Dispute
A cilantro distributor should be able to pursue contribution claims against two wholesalers that allegedly sold tainted cilantro responsible for an E. coli outbreak, as the wholesalers' participation in litigation over the product gave them actual notice of the issues, the Illinois Supreme Court determined on Thursday.
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May 21, 2025
Calif. Justices Weigh Strict Arbitration Fee Law's Validity
Counsel for a food supply company urged the California Supreme Court on Wednesday to find the Federal Arbitration Act preempts a state statute automatically waiving arbitration rights for a party that doesn't timely pay arbitration fees, saying the law is so draconian that even an earthquake wouldn't excuse late payment.
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May 21, 2025
Colo. Judge Rules Atty Hid Assets To Evade Azar Judgment
A Colorado state judge has found that a former class action department head at Franklin D. Azar & Associates PC fraudulently transferred assets to her husband and parents to evade the firm's collection of a $1.2 million judgment for her efforts to market the department to other law firms.
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May 21, 2025
Zurich Gets Default Win In $4.6M Contractor Coverage Spat
Zurich American Insurance Co. doesn't owe coverage to two subcontractors accused of bungling work on a Georgia natural gas plant, a federal judge has ruled, granting the insurer a default win in its suit seeking to nullify a $4.6 million claim.
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May 21, 2025
Title Insurance Co. Fights Treasury All-Cash Resi Deals Rule
A title insurance company and a subsidiary have filed suit in Florida federal court challenging new reporting requirements for all-cash real estate closings, saying the rule exceeds the U.S. Department of the Treasury's Financial Crimes Enforcement Network's authority.
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May 21, 2025
DraftKings Denied 3rd Circ. Review In MLB Players' IP Case
A Pennsylvania judge on Wednesday denied a request from DraftKings Inc. to appeal to the Third Circuit the lower court's refusal to dismiss an intellectual property lawsuit that accuses the company of using players' images without permission, saying the issues raised are not appropriate for immediate appeal.
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May 21, 2025
What To Know Before VLSI, Intel's Patent License Trial
Over the last several years, VLSI Technologies has racked up infringement awards in an expansive multibillion-dollar fight against Intel, but those could be rendered moot after a trial next week, when a Texas federal jury reviews a question central to determining whether Intel already has a license to VLSI's patents.
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May 21, 2025
Full Fed. Circ. Undoes $20M Google Loss, Orders New Trial
The full Federal Circuit on Wednesday ordered a new damages trial in a case where a jury told Google LLC to pay $20 million for infringing an EcoFactor Inc. thermostat patent, ruling that the testimony of EcoFactor's damages expert was unreliable and should not have been admitted.
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May 21, 2025
11th Circ. Blocks Fla. Credit Union's Arbitration Bid In Fee Suit
The Eleventh Circuit on Wednesday denied a Florida credit union's bid to force arbitration in a proposed class action alleging it wrongly charged overdraft fees, saying its checking account agreements didn't require the parties to settle the case out of court.
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May 21, 2025
Shell JV Escapes $58M Nigeria Oil Contract Payment Suit
A New York federal judge has said he lacks jurisdiction to hear a Nigerian contracting company's lawsuit seeking $58 million in fees from a Royal Dutch Shell joint venture over the construction of an oil and gas facility in the African nation.
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May 21, 2025
Court Approves $32.5M Symetra Settlement For Overcharging
A Washington federal court has given final approval for a $32.5 million settlement resolving claims between Symetra and life insurance policyholders who claimed the company used undisclosed factors to overcharge them.
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May 21, 2025
Distributor Can't Duck Revised Crab Price-Fixing Suit
A California federal magistrate judge added Ocean King Fish Inc. to a list of more than a dozen distributors that must face a proposed class action from crabbers alleging a conspiracy to cap prices paid to fishermen for Dungeness crab in the Pacific Northwest.
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May 20, 2025
Judge Questions Bank's Role In Jail Debit Card Fee Dispute
A federal magistrate judge in Washington state signaled Tuesday she might advance a debit card fee class action against a Missouri bank to trial, suggesting there's still a factual dispute as to whether the prepaid cards were forced on people trying to regain access to their money after being released from correctional facilities.
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May 20, 2025
Novo Fights To Keep Info Bid In $800M Fraud Dispute Alive
Novo Nordisk is urging a North Carolina federal court not to dismiss its order permitting the Danish drugmaker to seek information bolstering its $800 million fraud claims stemming from a hypertension drug deal, saying the testimony is needed to preserve assets as it pursues arbitration of its claims.
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May 20, 2025
Venezuelan Nationals' RICO Suit Asserting Defamation Tossed
A Florida federal judge has dismissed racketeering and other claims against a director of Venezuela's state-owned oil company and others after determining that the suit accusing them of engaging in a defamatory campaign to smear civic leaders is a shotgun pleading.
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May 20, 2025
Energy Co. Fights To Keep Alive Suit Over Damaged Well
Oil and gas producer W&T Energy VI LLC told a Texas federal judge that Anardako Petroleum Corp.'s bid to escape claims over damages to a jointly operated offshore well suggests it thinks it can breach their agreement and "commit fraud with impunity."
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May 20, 2025
Panama Says $5M Award Suit Stay Bid Should Be Tossed
A Florida federal judge should reject a Miami-based business owner's attempt to pause Panama's suit seeking to enforce a nearly $5 million arbitral award over construction agreements, the country has argued in a court brief opposing his motion to stay the proceedings.
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May 20, 2025
Music Co. Rips Apple's Sanctions Bid Over App Store Ouster
Musi Inc. and its counsel at Winston & Strawn LLP have urged a California federal judge to reject Apple's request for sanctions over accusations Musi made "false and misleading allegations" in a lawsuit over Apple's decision to boot the music streaming service from the App Store for intellectual property infringement.
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May 20, 2025
Wash. Panel Affirms Toss Of Vrbo Host's Rental Coverage Row
Washington appellate judges refused to revive a Vrbo host's suit against a Liberty Mutual unit and a company that arranged a policyholder's temporary housing while her home was being repaired, saying the companies did not breach a nonexistent contract with the host by ceasing to pay the policyholder's rent.
Expert Analysis
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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A Legal Perspective On NYC's Retail Real Estate Evolution
As New York City's retail market begins to show signs of resilience after the challenges of recent years, landlords must be cognizant of legal implications from shifting trends toward shorter-term leases and pop-up stores, says Andrea Gendel at Pryor Cashman.
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The Fed. Circ. In October: Anti-Suit Injunctions And SEPs
The Federal Circuit's holding in Ericsson v. Lenovo, a complex global case involving standard-essential patents, will likely have broad consequences for practitioners, including by making it easier to obtain an anti-suit injunction, say attorneys at Knobbe Martens.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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How CFIUS' Updated Framework Affects Global Investors
The recent change to the monitoring and enforcement regulations governing the Committee on Foreign Investment in the United States will broaden administrative practices around nonnotified transaction investigations, increase the scope of information demands from the committee and accelerate its ability to impose mitigation on parties, say attorneys at Simpson Thacher.
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Service Providers Must Mitigate 'Secondary Target' Risks
A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.