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Commercial Contracts
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October 30, 2025
Ga. Judges OK Axing Of Atty's Slander Suit Against Ex-Client
A Georgia appellate panel Thursday backed the dismissal of an attorney's lawsuit against a former client who sued him for legal malpractice, ruling that the complaint boiled down to an abusive litigation claim that couldn't be pursued until the underlying case was complete.
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October 30, 2025
NC Justices Asked To Weigh In On Solar Co.'s Insurance Fight
A solar panel company urged the North Carolina Supreme Court to review its failed attempt to vacate a $1.4 million judgment it was ordered to pay an insurer, arguing that a lower court's opinion unduly narrows rules on vacating default judgments.
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October 30, 2025
Defamation Litigation Roundup: Drake, IRS, Greenpeace
In this month's review of defamation fights, Law360 highlights notable developments in California's anti-SLAPP law following a major Ninth Circuit opinion, as well as a decision — and appeal — in Drake's fight with his record label over Kendrick Lamar's diss track.
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October 30, 2025
NASCAR Driver Says Life Insurer Pitched Him 'Financial Trap'
NASCAR driver Kyle Busch and his wife said they lost $8.5 million after they were allegedly bamboozled by Pacific Life Insurance Co. and an insurance producer to invest in complex life insurance policies as a form of tax-free retirement income, according to a North Carolina state court complaint.
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October 30, 2025
Ice Miller Welcomes Real Estate Pro Back To The Firm
A transactional real estate pro joined Ice Miller LLP's real estate, environmental and energy law practice group, a veteran who rejoined the firm from Quarles & Brady LLP, the firm announced on Thursday.
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October 30, 2025
Boeing Rips Irish Leasing Co. 'Stonewalling' In 737 Max Suit
Boeing has told a Washington federal judge that an Irish aircraft leasing company keeps stonewalling and should be ordered to sit for depositions in a breach-of-contract suit alleging Boeing duped it into leasing defective 737 Max jets that were later grounded after two deadly crashes overseas.
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October 30, 2025
Takeda Fails In Bid To Avoid IBS Drug Antitrust Trial
A Massachusetts federal judge has teed up Takeda Pharmaceutical for trial next year on claims from health insurers, self-insured employers, retailers and wholesalers accusing it of paying Par Pharmaceuticals to delay generic competition to anticonstipation drug Amitiza, rejecting competing motions from the drugmaker and plaintiffs for early wins.
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October 30, 2025
NJ Panel Backs Tossing Of Fraud Suit In Industrial Lease Row
A New Jersey state appeals court on Thursday rejected a container loading company's bids for a revival of its permanently dismissed suit, which accused a landlord of leasing a poorly maintained property.
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October 30, 2025
McCarter & English Used Doctrine As 'Whipsaw,' Panel Hears
A biotech company on Thursday urged a New Jersey appellate panel to revive its legal malpractice suit against McCarter & English LLP, arguing that the claims were distinct from the firm's own suit seeking unpaid fees.
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October 30, 2025
Insurer Aims To Trim Woman's $7.5M Crash Coverage Suit
A food service distributor's auto insurer asked a Connecticut federal court to toss a woman's claim that it violated the state's unfair trade and insurance practices laws when handling an underlying crash dispute that resulted in a $7.5 million judgment.
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October 30, 2025
Mich. Justices Take Up Stellantis Supplier's Contract Dispute
The Michigan Supreme Court has agreed to take up a Stellantis supplier's appeal of a decision forcing it to continue supplying the automaker with parts at a loss, giving the court a chance to resolve the enforceability of a common supply contract term.
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October 30, 2025
Universal Music Settles Copyright Claims With Udio
Universal Music Group has settled copyright infringement claims it had brought along with several other large music labels in New York federal court against AI music creation startup Udio and said the two will collaborate to create a licensed AI music service.
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October 30, 2025
Tribal Business Owner Says Tariffs Violate 1855 Yakama Treaty
A Yakama Indian tribe member is asking an Oregon federal court to block a series of tariffs issued by President Donald Trump, arguing that the orders violate a 19th century treaty that gives her the right to free trade.
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October 30, 2025
Ga. Panel Finds No 'Bad Faith' In Wells Fargo Trust Suit
The Georgia Court of Appeals has reversed a trial court's finding that Wells Fargo Bank, as trustee, misinterpreted language in a trust established in a man's last will and testament and its order that numerous distributions be made to one of the trust beneficiaries.
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October 29, 2025
'Pitt' Producers Appeal Order Keeping 'ER' Suit Alive
Warner Bros. Television appealed a California judge's order that declined to toss a suit from the widow of writer Michael Crichton alleging its HBO Max show "The Pitt" is a ripoff of his NBC show "ER," saying Tuesday the court was wrong not to kill the suit on free speech grounds.
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October 29, 2025
Conn. Med Spa Says Ex-Workers Poaching Clients, Employees
Two former employees of a Connecticut medical spa violated their employment contract when they lured a co-worker to join them at a nearby competitor and began soliciting the spa's clients, a state court lawsuit alleges.
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October 29, 2025
Dallas Mavericks Sue To Eject Dallas Stars From Arena
The NBA's Dallas Mavericks launched a suit in the Texas Business Court aimed at wresting control of the American Airlines Center away from the NHL's Dallas Stars, saying the Stars forfeited their right to co-lease the stadium when they moved their headquarters.
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October 29, 2025
Ga. Panel Partially Revives Solar Farm Property Dispute
The Georgia Court of Appeals found a trial court should have let a jury decide whether two solar companies were obligated to pay $150,000 per year in fixed fees to the owners of 295 acres of property in Mitchell County that they planned to develop for solar energy production.
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October 29, 2025
Levi & Korsinsky To Lead Modivcare Securities Class Action
Levi & Korsinsky LLP will lead a proposed class of investors accusing patient transportation company Modivcare Inc. of failing to disclose that its contract renegotiations with customers negatively affected its bottom line.
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October 29, 2025
9th Circ. Upholds Insurer's Win Over Retaining Wall Failure
The Ninth Circuit upheld a Washington federal court's no-coverage decision over a contractor's $2.66 million settlement relating to faulty retaining walls it constructed, agreeing Wednesday that a "sudden and accidental" exception in an "impaired property" exclusion did not apply to reinstate coverage for one wall that had failed.
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October 29, 2025
OpenAI Co-Founder Dodges Musk Contempt Bid, For Now
A California federal magistrate judge refused Wednesday to let Elon Musk tee up contempt proceedings against an OpenAI co-founder for limiting what he'd say in a court-ordered second deposition and imposing conditions on a key document in the California federal court lawsuit challenging the ChatGPT maker's transition to a for-profit structure.
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October 29, 2025
Licensing Co. Picks Up Xerox Patent Portfolio
A unit of a Santa Clara, California-based patent monetization outfit said Wednesday it has boosted its intellectual property assets by acquiring thousands of patents across the globe from Xerox.
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October 29, 2025
Chicago Metra Says Union Pacific's $2.3M Fees Claim Is Invalid
Chicago's commuter rail system Metra has asked an Illinois federal judge to toss Union Pacific's lawsuit alleging Metra owes more than $2.3 million for the use of three Union Pacific-owned lines amid an ongoing contract dispute, saying a federal rail regulator still needs to determine any owed compensation.
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October 29, 2025
Hertz Urges Del. Justices To Reverse $170M Insurance Ruling
Hertz Corp. urged the Delaware Supreme Court Wednesday to overturn a lower court's ruling that freed the car rental giant's insurers from covering $170 million in false-arrest settlements, arguing the settlements all stemmed from a faulty theft-reporting system and trigger just one self-insured retention.
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October 29, 2025
Insurer Says Co.'s 'Improper Underwriting' Cost It Over $10M
An insurer for auto dealerships accused its insurance program administrator of repeatedly refusing to undergo a full audit of the administrator's records and underwriting practices, telling a New York federal court that, in an independent auditor's limited review of files, "findings of improper underwriting were staggering."
Expert Analysis
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A New IP Game Plan For College Football Players
For college stars navigating their first season under the newly implemented settlement in House v. NCAA and new NFL recruits, securing trademark rights isn't just a savvy business move — it's essential for building and protecting a personal brand that can outlast their playing days, says Ryan Loveless at CM Law.
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11th Circ. Ruling Shows Federal Question Jurisdiction Limits
The Eleventh Circuit's recent decision in AST Science v. Delclaux shows why it is extremely difficult for litigants to maintain a state law cause of action in federal court under Supreme Court precedent, says Paul Avron at Berger Singerman.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Opinion
The Fallout Of Drake's Defamation Suit Against UMG
Hip-hop duo Clipse's recent comeback was caught in the undertow of the ongoing Drake v. Universal Music Group defamation litigation, which points to the troubling possibility that if labels can be held liable for promoting allegedly defamatory lyrics, they may preemptively sanitize content to avoid lawsuits, says Henry Williams IV at Gordon Rees.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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2 Appellate Rulings Offer Clickwrap Enforcement Road Map
Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.
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SDNY Ruling Reinforces Joint Steering Committee Obligations
The recent Southern District of New York decision in ChemImage v. Johnson & Johnson makes joint steering committees a valuable tool in strategic relationships, as provisions for such committees can now be wielded to demand attention to core issues, say Lisa Bernstein at the University of Chicago Law School, and Reginald Goeke and Brad Peterson at Mayer Brown.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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Unpacking Ore. Law's Limits On PE Healthcare Investment
A recent Oregon law imposes significant restrictions on nonphysicians owning or controlling medical practices, but newly enacted amendments provide some additional flexibility in certain ownership arrangements without scuttling the law's intent of addressing concerns about the rise of private equity investment in healthcare, say attorneys at Debevoise.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.
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Notable Q2 Updates In Insurance Class Actions
Vehicle valuation challenges regarding the use of projected sale adjustments continued apace in insurance class actions this quarter, where insurers have been scoring victories on class certification decisions in federal circuit courts, says Mathew Drocton at BakerHostetler.