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Commercial Contracts
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July 09, 2025
Uber Gets Some Driver Sex Assault Bellwether Claims Tossed
The California federal judge overseeing multidistrict litigation accusing Uber Technologies Inc. of failing to prevent drivers from sexually assaulting passengers has partially granted the ride-share company's bid to dismiss 20 bellwether cases.
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July 09, 2025
OpenAI Must Give Musk Info On Altman Firing In Fraud Suit
A California federal magistrate judge overseeing discovery in Elon Musk's lawsuit challenging OpenAI's plans to change its corporate structure ordered the artificial intelligence company to hand over documents related to CEO Sam Altman's brief firing by OpenAI's board, agreeing the information is "relevant" to Musk's charitable trust and fraud claims.
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July 09, 2025
Albireo Energy Faces Suit Over Mold In Colo. School
A Colorado school district hit Albireo Energy with a negligence suit in state court Wednesday that blames the building controls company for nearly $1 million in damage to a middle school from a botched ventilation system upgrade.
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July 09, 2025
Florida Court Nixes $5.8M Ruling, Says Loans Not Securities
Florida's Third District Court of Appeal on Wednesday reversed and remanded a roughly $5.8 million judgment in a dispute regarding loan participation agreements between a commercial lender and an investment firm, saying the agreements weren't securities and were instead "routine commercial transactions."
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July 09, 2025
Boeing Wants 787 Contract Claims Split From 737 Fraud Suit
Breach of contract claims related to a 787 Dreamliner sale should be severed from litigation brought by Norwegian Air subsidiaries that also accuses the company of fraudulently misrepresenting its 737 Max aircraft, Boeing told a Washington federal judge.
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July 09, 2025
Amazon Customer Grilled On Whole Foods Ad Suit At 9th Circ.
A Ninth Circuit panel appeared critical on Wednesday of a consumer's claim that Amazon duped Prime members by pulling its free Whole Foods grocery delivery perk, as the judges pointed to subscriber terms allowing the e-commerce giant to change the benefits package.
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July 09, 2025
J&J Unit Owes $76.6M For Ending AI Tissue Imaging Deal
A New York federal judge held Tuesday that Johnson & Johnson's Ethicon unit owes ChemImage Corp. $76.6 million after unilaterally ending their deal to develop in-surgery artificial intelligence imaging techniques, adopting a 17% discount rate on intellectual property impairment damages proposed by ChemImage as opposed to Ethicon's proposed 40% rate.
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July 09, 2025
Former Josh Wine Exec Sues Over Soured Buyout Deal
The former president of the wine and spirits company that owns multibillion-dollar brand Josh Cellars has filed suit in New York state court, claiming the family-run enterprise has withheld millions in royalty payments that he was due after his employment contract expired, exposing "the dark underbelly of the adage that blood is thicker than water."
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July 09, 2025
Costco Says Insurer Owes Defense In Heavy Box Injury Suit
A Hartford unit violated Washington state's Insurance Fair Conduct Act by unreasonably denying additional insured coverage for a man's lawsuit alleging he suffered severe injuries when moving a product at Costco, the retail giant alleged in a lawsuit recently removed to Washington federal court.
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July 09, 2025
NJ Panel Revives Doctor's Fight Against Noncompete Clause
A New Jersey appellate panel revived on Wednesday a physician's lawsuit challenging the enforceability of a restrictive covenant in his employment contract, ruling that the lower court prematurely dismissed the case without resolving key factual disputes.
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July 09, 2025
Ballpark Builder Wants Engineer Forced To Ink Settlement
The original builder of a hotly litigated Hartford minor league baseball stadium has asked a Connecticut state court judge to force an engineering consultant's compliance with a confidential settlement agreement it has allegedly failed to sign despite sitting at the table with a number of other entities and lodging no objection to the terms.
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July 09, 2025
7th Circ. Nixes Rail Sharing Order Power For Subpar Service
Federal regulators can't give themselves power to order rail carriers to share shipments with their rivals unless the incumbent railroad's service is "inadequate," a Seventh Circuit panel said in striking a Surface Transportation Board rule designed to empower such mandates when service merely fails certain reliability metrics.
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July 09, 2025
T.I.'s Big Punitive Damages Win Cut To $1, Teeing Up 4th Trial
A California federal judge has reduced a jury's $53.6 million punitive damages award for rapper T.I. and his wife, singer Tameka "Tiny" Harris, to a $1 remitter, setting up a fourth trial in the trademark infringement case if the Harrises don't accept the remitter, which they have already said they will decline.
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July 09, 2025
8th Circ. Finds 'Chicken Coop' Trade Secrets Fight Can't Fly
The Eighth Circuit will not reinstate an Iowa restaurant operator's lawsuit seeking a declaration that it did not misappropriate the trade secrets of another restaurant of the same name in Nebraska, saying there is no federal question that federal courts can answer.
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July 09, 2025
Microsoft IT Supplier's Suit May Be Doomed, 9th Circ. Hints
A Ninth Circuit panel picked apart a cybersecurity firm's appeal Wednesday in a case accusing Microsoft of misusing a proprietary database of login credentials recovered on the dark web, with one judge remarking that the conduct in question was "expressly permitted" by the parties' agreement.
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July 09, 2025
11th Circ. Rules Against Hotelier In Arbitration Battle
The Eleventh Circuit on Tuesday affirmed a bankruptcy court's annulment of an automatic stay to allow enforcement of an arbitral award issued in a dispute over a failed $250 million hotel conglomerate, rejecting arguments that the order was barred under a 2020 U.S. Supreme Court decision.
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July 09, 2025
Quinn Emanuel Says 'Spite' Behind Unpaid $30M Legal Tab
The new owners of a business that was forced by Quinn Emanuel Urquhart & Sullivan LLP attorneys to honor a merger agreement are refusing to pay a $30 million legal bill "out of spite," the firm has alleged in Massachusetts state court.
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July 09, 2025
Most Claims Tossed In $60M Mortgage Loan Sale Fraud Case
Western Alliance Bank and others have escaped several claims in a $60 million suit accusing them of conducting a mortgage loan sale scheme to steal an investment management firm's property rights in the loans and their proceeds.
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July 09, 2025
NJ Justices Revive Bias Suit After Altice Evidence Falls Short
The New Jersey Supreme Court on Wednesday revived an Altice USA customer's discrimination suit against the cellular provider, ruling that there is not enough evidence to show that it was a regular business practice of Altice to email customers an agreement containing an arbitration provision.
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July 09, 2025
4th Circ. Rejects Machinery Co.'s 3rd Try At Trade Secrets Suit
The Fourth Circuit on Wednesday shot down a Taiwanese manufacturer's third attempt to pursue claims of trade secrets theft against its North Carolina distributor, rebuffing the idea that a manufacturer can hold distributors liable for misappropriation if they sell a rival's product.
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July 09, 2025
Telecom Consultant Seeks To Enforce Nonsolicitation Deals
A Pittsburgh-based telecommunications consulting firm says three of its employees joined up with a competitor and violated their nonsolicitation agreements by taking certain customers and jobs with them, according to a lawsuit filed in Pennsylvania state court.
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July 08, 2025
5th Circ. Wary To Let Surety Stick Chevron With $11M Bill
A Fifth Circuit panel seemed skeptical of a surety company's argument that BP and Chevron need to pony up $11 million to pay for decommissioning costs, asking Tuesday what to do with contractual language that seemingly absolved them of having to pay that bill.
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July 08, 2025
11th Circ. Rejects Fla. Jurisdiction In $17M Cheese Fraud Case
The Eleventh Circuit declined Tuesday to revive a lawsuit accusing Savencia Cheese USA LLC and its executives of fraudulently selling two Florida companies a worthless cheese distribution company for $17 million, finding that the presence of deal counsel in Miami is not enough to keep the suit in Florida federal court.
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July 08, 2025
Wells Fargo Seeks Dismissal Of COVID-19 Mortgage Suit
Wells Fargo said a North Carolina woman's claims that the bank forced the short sale of her home by denying her forbearance on her mortgage as mandated under federal law at the onset of the COVID-19 pandemic should be dismissed for several reasons, including that the short sale never actually occurred.
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July 08, 2025
4th Circ. Revives Medical Device Co.'s Claim In Contract Suit
The Fourth Circuit on Tuesday revived a medical device maker's breach of contract claim alleging a company it hired to manage its patents globally overcharged for services, sending the case back to a Virginia federal court.
Expert Analysis
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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The Fed. Circ. In 2024: 5 Major Rulings To Know
In 2024, the Federal Circuit provided a number of important clarifications to distinct areas of patent law – including design patent obviousness, expert testimony admissions and patent term adjustments – all of which are poised to have an influence going forward, say attorneys at Knobbe Martens.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Mass Arbitration Procedures After Faulty Live Nation Ruling
Despite the Ninth Circuit's flawed reasoning in Heckman v. Live Nation, the exceptional allegations of collusive conduct shouldn't be read to restrict arbitration providers that have adopted good faith procedures to ensure that consumer mass arbitrations can be efficiently resolved on the merits, says Collin Vierra at Eimer Stahl.
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Proactively Managing Tariff Impacts On Megaprojects
President-elect Donald Trump's proposed tariffs may compound the complexity, duration and risks associated with financing and building large-scale infrastructure projects — so owners and contractors should plan to take possible tariff-related cost and schedule overruns into account when drafting contracts, say attorneys at Crowell & Moring.
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US-China Deal Considerations Amid Cross-Border Uncertainty
With China seemingly set to respond to the incoming U.S. administration's call for strategic decoupling and tariffs, companies on both sides of the Pacific should explore deals and internal changes to mitigate risks and overcome hurdles to their strategic plans, say attorneys at Covington.
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Considering The Status Of The US Doctrine Of Patent Misuse
A recent Ninth Circuit decision and a U.K. Court of Appeal decision demonstrate the impact that the U.S. Supreme Court's 2015 decision in Kimble v. Marvel Entertainment has had on the principle that post-patent-expiration royalty payments amount to patent misuse, not only in the U.S. but in English courts as well, say attorneys at Covington.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Reviewing 2024's Evolving EdTech Privacy Regulations
Lawmakers are trying to keep up with the privacy and security risks of the increasingly prevalent education technology, with last year's developments including the Federal Trade Commission's proposed amendments to the Children's Online Privacy Protection Act, and the U.S. Senate passing two new children's privacy acts, say attorneys at McDermott.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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Top 10 Noncompete Developments Of 2024
Following an eventful year in noncompete law at both state and federal levels, employers can no longer rely on a court's willingness to blue-pencil overbroad agreements and are proceeding at their own peril if they do not thoughtfully review and carefully enforce such agreements, say attorneys at Faegre Drinker.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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Best Practices To Find Del. Earnout Provisions That Hold Up
Recent Delaware earnout litigation illustrates the need for careful drafting and proactive planning to avoid later divergent interpretations of the signed contract, and a series of drafting tips can help, say attorneys at Cozen O'Connor.
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UBS Ruling Shows SDNY's Pro-Award Confirmation Stance
A New York federal court's recent ruling upholding an arbitration award in Lakah v. UBS, a long-running dispute over a bond debt default, serves as a reminder that New York courts carry a strong presumption toward binding parties to arbitration agreements and enforcing arbitral awards, say attorneys at Mayer Brown.