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Commercial Contracts
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October 22, 2025
Texas Appeals Court Wipes $64M Judgment For Dallas Lender
A Texas appellate court wiped away a $64 million award to the subsidiary of a Dallas investment company following alleged fraud by Credit Suisse surrounding lending for a luxury Nevada community, saying the lower court improperly found that the subsidiary could collect damages above zero dollars.
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October 22, 2025
6th Circ. Backs Lordstown Execs In Failed Foxconn Deal Suit
The Sixth Circuit has upheld the dismissal of a suit claiming former executives of Lordstown Motors Corp. misled investors about the state of a partnership with Foxconn Technology Group, finding leaders' optimism about the ultimately failed deal wasn't intentionally false.
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October 22, 2025
Sinkhole Coverage Dispute Up To Jury To Decide, Judge Says
A construction company and its insurer must go to trial over whether the company's invitation to a mediation constituted a defense tender for a now-settled counterclaim relating to a sinkhole discovered in December 2022 at a Seattle ship canal project, a Washington federal court ruled.
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October 22, 2025
NC Biz Court Bulletin: COVID Coverage, A Suspect Signature
The North Carolina Business Court has rounded the corner into fall with insurance disputes over COVID-19 coverage at a chain of outlet malls and the theft of over $900,000 in legal THC reportedly stolen from a warehouse in the Southwest.
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October 22, 2025
Mass. Cannabis Lab's Suit Against Rivals Trimmed
A Massachusetts state judge will allow a cannabis testing lab to pursue unfair competition claims against more than half a dozen competitors it accuses of fudging potency and purity test results to lure growers to their businesses, but not claims of unjust enrichment or tortious interference.
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October 21, 2025
Anesthesia Giant Cuts Deals To End Hospital Antitrust Cases
North America's largest anesthesia provider has reached settlements ending antitrust claims from hospitals in New York and Florida as well as counterclaims accusing the hospitals of illegally recruiting away clinicians, according to court filings.
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October 21, 2025
Uber MDL Judge Sets Litigation Funding Disclosure Deadline
A California federal judge ruled Tuesday in multidistrict litigation accusing Uber Technologies Inc. of failing to prevent drivers from sexually assaulting passengers that plaintiffs' counsel must disclose any ties to third-party litigation funding companies by next week, but stopped short of ordering all plaintiffs' counsel to affirmatively deny any connection.
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October 21, 2025
Judge Sends Solar Co.'s Panama Grid Access Row To Trial
An Illinois federal judge on Tuesday said Spanish energy company Avanzalia Solar can pursue a claim that rival Goldwind Americas blocked and delayed access to the Panamanian power grid.
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October 21, 2025
Tribe's Home Defects Suit Belongs In Arbitration, Judge Told
Lennar Corp. on Tuesday told a Florida state judge that the Seminole Tribe's lawsuit alleging construction defects in more than 550 homes built for its members must be arbitrated, arguing that purchase agreements contain provisions that require the warranty claims to be resolved out of court.
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October 21, 2025
Hemp Co. Alleges Fraud Over $574K Late Kratom Delivery
A Colorado hemp company has sued two other businesses and their owners in state court, accusing them of violating a purchase agreement when they delivered nearly 100 kilograms of mitragynine extract, commonly known as kratom, several months after it had canceled the agreement.
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October 21, 2025
NASCAR Drivers Demand Say In Antitrust Settlement Talks
A group of NASCAR drivers is seeking to weigh in on the highly publicized antitrust suit against the private stock car racing organization as the parties mull the possibility of a settlement, citing concerns Tuesday that their interests risk being overlooked.
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October 21, 2025
Deutsche Bank Wants Conn. Court To Stay Out Of Vik Fight
A Connecticut state court should not entertain billionaire Alexander Vik's request to shut down a lawsuit that Deutsche Bank AG is pursuing against him and his daughter in Norway, the bank said in a trio of motions that caution against interfering in a foreign proceeding.
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October 21, 2025
NC Court Asked To Ignore Fla. Case In Lindberg Receiver Row
An insurer seeking to collect on a $524 million arbitration award against convicted insurance mogul Greg Lindberg urged a North Carolina state appeals court not to take judicial notice of his lawsuit in Florida federal court challenging the award, noting the Fourth Circuit already upheld it.
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October 21, 2025
5th Circ. Revives Oil Co.'s Faulty Cement Coverage Suit
The Fifth Circuit revived an oil and gas producer's suit seeking coverage for a settlement it reached with a bankrupt oilfield services firm over faulty cement, saying a Texas federal court incorrectly tossed the company's duty to defend and indemnify claims against certain underwriters at Lloyd's of London.
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October 21, 2025
Amazon Return Policy Suit On Hold Amid Tentative Class Deal
A Washington federal judge Tuesday paused a proposed class action accusing Amazon of shortchanging customers on refunds for returned items, after the parties told the court they struck a classwide deal to end the case and intend to seek formal approval of the settlement in the next two months.
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October 21, 2025
9th Circ. Doubts Finance Guru's Stance In Timeshare Exit Suit
A Ninth Circuit panel signaled on Tuesday that it's unlikely to force arbitration in a proposed class action accusing celebrity financial planner Dave Ramsey of roping his radio show's listeners into a timeshare exit scheme, with two judges emphasizing that Ramsey's argument hinges on a contract that he never signed.
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October 21, 2025
Baker McKenzie Can't Get Illinois Malpractice Suit Tossed
An Illinois state judge has refused to dismiss a private equity firm's malpractice suit accusing Baker McKenzie of botching a client's bid to reacquire a Russian coal mine, saying the plaintiffs have sufficiently pled claims sustainable under both Illinois and Russian law at this stage of the case.
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October 21, 2025
CORRECTED: Widower Wants Restaurant Sanctioned In Disney Allergy Death Suit
A widower suing Disney over his wife's food allergy death at a Walt Disney World restaurant asked a Florida court on Monday to sanction the restaurant, claiming it ambushed him with brand new evidence in the middle of depositions, after months of discovery had already been conducted.
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October 21, 2025
Connell Foley Hit With $40M Suit Over NJ Hotel Project
A hotel developer is mounting a $40 million malpractice lawsuit against Connell Foley LLP in New Jersey state court, alleging the firm steered it into costly arbitration with a contractor on a hotel construction project.
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October 21, 2025
Finance Co. Says Chubb Must Pay Its Part Of $5M Wire Loss
Financial services company Robert W. Baird & Co. told a Wisconsin federal court that a Chubb unit has wrongly refused to cover any of the company's more than $5 million loss stemming from fraudulent wire instructions, noting that AIG, its primary insurer, already paid a $2.5 million sublimit.
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October 21, 2025
NY Atty Blames Another Lawyer For AI-Faked Case Citations
A New York attorney on Tuesday denied ever having used artificial intelligence in his law practice and said the fake, AI-hallucinated cases cited in a motion to dismiss a case against his client were prepared by another attorney.
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October 21, 2025
Beauty Exec Wants $40M Set-Aside After $1B L'Oreal Sale
The former president of a Connecticut beauty brand that L'Oreal bought for around $1 billion wants the company to secure $40 million in case she wins her lawsuit claiming she is owed a much bigger slice of the proceeds.
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October 20, 2025
IT Company Says Plaintiff In Contract Suit Threatened Worker
An information technology company defending against claims that it committed fraud while performing a contract for online retailer Wayfair LLC told a Texas federal court the plaintiff who brought the suit should be sanctioned for threatening an employee.
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October 20, 2025
5th Circ. Affirms Fraud Conviction Of Failed Bank's Ex-CEO
A Fifth Circuit panel upheld the conviction of former First NBC Bank CEO Ashton J. Ryan Jr., who was sentenced to 14 years in prison and ordered to pay $215 million in restitution after a jury found him guilty of bank fraud and conspiracy related to the collapse of the Louisiana bank.
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October 20, 2025
Ex-Cano Health CEO Settles $70M Suit Over Failed Dental Deal
The ex-CEO of formerly bankrupt Cano Health Inc. has settled a $70 million lawsuit in Florida state court by a dental services provider that sought to hold him personally liable for the collapse of its business after a deal with Cano Health went sour.
Expert Analysis
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Google Case Amicus Briefs Reveal Patent Damage Fault Lines
The 21 amicus briefs filed before the en banc rehearing of EcoFactor v. Google offer opposing viewpoints on important patent damages issues that extend beyond the specific question the Federal Circuit eventually ruled on, helping practitioners anticipate and address likely objections to future damages opinions, say attorneys at Stout.
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How Trucking Cos. Can Keep Rolling Under Tariff Burdens
Recent Trump administration tariffs present major challenges for the transportation and logistics sector — and, in particular, trucking — but providers who focus on operational efficiency, cost control, customer relationships, creative contract structures and unique offerings will stand out from the competition, say attorneys at Benesch.
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Tariff Strategies For The US Renewable Energy Sector
The Trump administration's tariff actions over the last few months are challenging for the renewable energy industry — but there are strategies for contending with the uncertainty, including diversifying supply chains, seeking certification about equipment origins, and adding tariff-related language to supply contracts and offtake agreements, say attorneys at Sheppard Mullin.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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As Tariffs Hit The Radar, PE Counsel Should Review Strategies
As tariffs compound existing challenges in the private equity sector, counsel should consider existing headwinds such as interest rates and industry-specific impacts like supply chains and pricing power, which may help mitigate risks and capture opportunity, says Nathan Viehl at Thompson Coburn.
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Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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Mass. Suit Points To New Scrutiny For Home Equity Contracts
The Massachusetts attorney general’s recent charge that a lender sold unregulated reverse mortgages shows more regulators are scrutinizing mortgage alternatives like home equity contracts, but a similar case in the Ninth Circuit suggests more courts need to help develop a consensus on these products' legality, say attorneys at Weiner Brodsky.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Hints Of Where Enforcement May Grow Under New CFPB
Though the Consumer Financial Protection Bureau has significantly scaled back enforcement under the new administration, states remain able to pursue Consumer Financial Protection Act violators and the CFPB seems set to enhance its focus on predatory loans to military members and fraudulent debt collection and credit reporting practices, say attorneys at MoFo.
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Assessing Jurisdictional Issues In 2nd Circ. Bank Audi Case
The Second Circuit's reasoning last month in Raad v. Bank Audi that the exercise of personal jurisdiction must be based on conduct taking place within the jurisdiction reminds foreign financial institutions to continually monitor how plaintiffs are advocating for an expansive view of personal jurisdiction in the U.S., say attorneys at Freshfields.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Mitigating Import Risks Around Southeast Asian Solar Cells
The U.S. Department of Commerce's recent final determinations in its antidumping and countervailing duty investigations into solar cells produced in certain Southeast Asian countries make it important for U.S. purchasers to consider risk mitigation strategies, including modifying supply chains and contractually assigning import responsibilities, say attorneys at Morgan Lewis.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.