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Commercial Contracts
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April 03, 2025
Benesch Escapes Claims It Fumbled Ex-Client's IP Theft Probe
An Illinois federal judge has dismissed a lawsuit from a woman who alleged that a firm she hired botched a potential trade secrets case involving a spill-proof children's lid she claims she created, saying the plaintiff failed to show that Benesch Friedlander Coplan & Aronoff LLP permanently damaged her ability to pursue her underlying legal claims.
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April 03, 2025
Southwest Gets Second Shot At Tossing Investors' Outages Suit
A Texas judge said Thursday he plans to rewrite his decision on Southwest Airlines' request to dismiss a shareholder class action over a disastrous 2022 holiday travel season because the Fifth Circuit may require a more thorough record of the extent of the airline's knowledge about the risks of its outdated technology.
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April 03, 2025
Fulton Bank Keeps $7.7M Win In Pa. Development Loan Fight
The Pennsylvania Superior Court has affirmed a $7.7 million judgment in favor of Fulton Bank in legal battle with developers over construction loans used to build a manufactured home community, reasoning the companies' arguments that they were entitled to a jury trial didn't move the needle in their favor.
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April 03, 2025
Texas Appeals Court Backs UT Royalty Award In Pet Co. Suit
A Texas appellate court on Thursday refused to undo a lower court's ruling over the amount a pet healthcare company owes in unpaid royalties to the Board of Regents of The University of Texas System for veterinary testing products.
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April 03, 2025
Tequila Maker Sues Acquirer In Del. Alleging Earnout Dodge
A stockholder representative of tequila company 21Seeds Inc. has filed suit against Diageo North America, accusing the global liquor giant of undercutting post-acquisition earn-out targets for 21Seeds and putting the company "in mothballs" in a scheme to develop its own competing brand to the women-founded flavored tequila.
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April 03, 2025
Cloud Provider Deleted Backup Data During Hack, Suit Says
Cloud computing company Wasabi Technologies failed to protect a robotics firm's data during a 2023 ransomware attack and instead permanently deleted a backup based on instructions from one of the perpetrators, according to a complaint filed in Massachusetts state court.
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April 03, 2025
Wash. AG Pushes RealPage Conspiracy Claims In New Suit
The Washington State Attorney General's Office launched a new lawsuit in state court on Thursday accusing RealPage of conspiring with landlords to jack up rent prices, after withdrawing from a similar federal case last month to pursue claims that could result in more restitution for Evergreen State renters.
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April 03, 2025
NC Panel Scraps Subrogation Suit Over Misidentified Plaintiff
An insurer for a Hardee's restaurant can't revive its subrogation suit over a 2019 fire after it accidentally misnamed itself in the complaint, the North Carolina Court of Appeals has ruled, finding the incorrectly identified plaintiff lacked standing to sue, and the complaint was a "nullity."
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April 03, 2025
6th Circ. Backs $10M Gas Royalty Judgment Against Antero
A Sixth Circuit panel affirmed an Ohio district court ruling holding that Antero Resources Corp. underpaid a class of Buckeye State landowners $10 million by improperly deducting costs from their natural gas royalties.
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April 03, 2025
Insurer Says It Has No Duty To Defend Mich. City In Tax Fight
Insurance company Argonaut said in a federal court complaint Wednesday that it shouldn't have to pay to defend Ann Arbor, Michigan, in a lawsuit alleging that the city's decades-old stormwater drainage charges are an unlawful tax, pointing to the public official liability and financial loss exclusions in the city's policy.
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April 03, 2025
Accountant Cleared To Testify In Malpractice Case Against Her
An accountant accused of malpractice can testify about whether her actions were reasonable when she allegedly failed to tell a client about a change in tax law stemming from the U.S. Supreme Court's Wayfair decision, a state Business Court judge has ruled.
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April 02, 2025
Eligo Seeks Exit From Ohio Customer's Electricity Rates Suit
Private electricity provider Eligo Energy LLC has urged an Ohio federal judge to throw out a proposed class action alleging the company's variable rates are the result of "unbridled price gouging," saying the customer behind the suit saved money most months.
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April 02, 2025
Jack in the Box Accused Of Killing Wash. Franchise Deals
Two Jack in the Box Inc. franchisees claim the fast-food chain is using a series of recent closures as a pretext to seize the nearly 40 other financially viable locations they operate across Washington state, according to a new lawsuit seeking to stop the alleged takeover.
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April 02, 2025
Dish Says No Grounds For Cell Tower Co. To Toss Jury Verdict
Dish Wireless has urged the Colorado Court of Appeals to uphold a jury's verdict finding it didn't breach a cell tower lease deal by failing to pay millions in extra rent, arguing the cell tower company can't show its reading of the lease is the only reasonable one.
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April 02, 2025
Shooting Victim Can't Get $1M Under Policy, Berkshire Says
A man shot during an armed robbery at a convenience store isn't owed the full $1 million limit toward an underlying $1.5 million consent judgment he reached against the property owner, a Berkshire Hathaway unit said Wednesday, arguing that the man doesn't qualify as an insured.
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April 02, 2025
Spanish Co. Says No Federal Jurisdiction In Finder's Fee Spat
Spanish company Delclaux Partners SA on Wednesday urged the Eleventh Circuit to vacate its loss in a dispute with Texas-based satellite technology company AST & Science LLC, arguing the federal district court never had jurisdiction over the simple breach of contract dispute.
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April 02, 2025
Fla. High Court Told Condo's Irma Claim Redo Lacked Key Info
An insurance company told the Florida Supreme Court on Wednesday that a Miami condominium's reopened claim for damage caused by Hurricane Irma wasn't sufficient to trigger a supplemental claim, arguing that state law required additional information regarding the initial loss.
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April 02, 2025
NBA's Timberwolves To Be Sold, Ending Ownership Dispute
Minnesota Timberwolves owner Glen Taylor will end his fight to retain control of the NBA franchise and complete the sale to a pair of limited partners agreed-upon in 2021, according to numerous published reports.
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April 02, 2025
Judge Clears Path For $200M Boston Soccer Stadium Project
A Massachusetts judge on Wednesday rejected the final surviving claims by an advocacy group challenging the construction of a professional women's soccer stadium inside a historic Boston park, paving the way for the $200 million project to move forward.
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April 02, 2025
Fintech Execs Want $2M Award Confirmed For 'Nonperformer'
A trio of financial technology executives asked a Connecticut state judge to confirm a $2 million arbitration award in favor of another executive they say they pushed out for being a "chronic nonperformer" who failed to negotiate the terms of his exit in good faith.
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April 02, 2025
Energy Co. 'Fleeced' Customers In Bait-And-Switch, Suit Says
An Illinois alternative energy supplier was accused Tuesday in federal court of exploiting its customers with a bait-and-switch scheme involving "outrageously high" markups that "fleeced" thousands of customers out of tens of millions of dollars they'd otherwise save on gas and electricity.
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April 02, 2025
NY Judge Sanctions Attys For Adding Futile Claims
Lawyers representing an education resources supplier that sued its business partner over allegations of price-fixing and bid-rigging within the New York City school system have been sanctioned for repeatedly attempting to add claims to unauthorized amended complaints in what a federal judge said violated rules against bad faith or futile motions.
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April 02, 2025
Atty Can't Duck Land Dispute Malpractice Suit, NJ Sisters Say
New Jersey sisters who sued Fox Rothschild and a firm attorney over the handling of their late stepfather's estate have told a New Jersey state judge that their claims were timely filed and that issues of material fact that would preclude summary judgment still remain.
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April 02, 2025
Davis Wright Welcomes Longtime Jones Day Finance Atty
Davis Wright Tremaine LLP announced Tuesday that it has hired a longtime Jones Day attorney focused on advising investment management industry participants, praising his decades of experience helping clients navigate U.S. federal securities laws.
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April 02, 2025
Colorado AG Cuts Deal To Unwind Exclusive Broker Contracts
A brokerage company in Colorado state court agreed to release 171 homeowners from exclusive listing agreements that are illegal under a 2023 state law, in a deal with prosecutors approved Wednesday.
Expert Analysis
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Bristol-Myers Win Offers Lessons For Debt Security Holders
A New York federal judge's recent dismissal of a $6.4 billion lawsuit against Bristol-Myers Squibb, due to plaintiff UMB Bank's lack of standing, serves as an important reminder to debt security holders to obtain depositary proxies before pursuing litigation, say attorneys at Milbank.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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How To Avoid Risking Arbitration Award Confidentiality In NY
Though a Second Circuit decision last year seemed to create a confidentiality safe harbor for arbitration awards that had no ongoing compliance issues, a recent New York federal court ruling offers further guidance on the meaning of "ongoing compliance issues," says Matthew Iverson at Nelson Mullins.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Review Shipping Terms In Light Of These 3 Global Challenges
Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.
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Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'
A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Int'l Agreements Are Key For Safe Nuclear Waste Disposal
By replacing fossil fuels, nuclear energy has the potential to offer a major contribution to the global fight against climate change — but ensuring that nuclear power is safe and sustainable will require binding, multinational agreements for safe nuclear waste disposal, say Ryan Schermerhorn and Christopher Zahn at Marshall Gerstein.