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Commercial Contracts
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June 23, 2025
Justices Nix $23M Venezuela Chemical Co. Suit
The U.S. Supreme Court on Monday turned away a Venezuelan state-owned petrochemicals company's petition challenging the enforcement of a $23 million debt owed to a Florida chemical wholesaler, a case that sought clarity on which party has the burden of proving whether sovereign immunity applies.
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June 20, 2025
Ga. Panel Says Suit To Collect $12.1M Judgment Too Late
The Georgia Court of Appeals on Friday said a trial court rightly found Mariner Healthcare Management Co.'s lawsuit against Sovereign Healthcare LLC over the recovery of a $12.1 million judgment was barred by the state's four-year statute of limitations for fraud.
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June 20, 2025
Texas High Court Finds Pilots Union's Can Sue Over 737 Max
The Texas Supreme Court on Friday put wind beneath the wings of a Southwest Airline Pilots Association's suit aiming to hold Boeing responsible for its members' economic losses after regulators grounded the 737 Max aircraft, finding the Railway Labor Act does not preempt the union's claims.
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June 20, 2025
Judge Awards $29.5M Counsel Fee For $147.5M Class Deal
A Connecticut federal judge has given final approval to a $147.5 million settlement for an insurance fee class while awarding $29.5 million in attorney fees spread across three firms, marking a 5% reduction to the cut of the settlement counsel sought.
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June 20, 2025
Investor Can't Get Emergency Injunction In Sinovac Battle
A New York federal judge will not grant an investor an emergency injunction to preserve the status quo as it pursues arbitration in Hong Kong or Beijing stemming from a bitter, yearslong battle for control of Chinese vaccine maker Sinovac, saying the investors have not demonstrated a likelihood of "irreparable harm."
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June 20, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Pogust Goodhead face legal action from mining giant BHP Group, Trainline bring a procurement claim against the Department for Transport, Sworders auction house sue Conservative peer Patricia Rawlings, and Nokia hit with a patents claim by Hisense. Here, Law360 looks at these and other new claims in the U.K.
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June 20, 2025
Off The Bench: Lakers Sale, NASCAR Antitrust, NIL Appeals
In this week's Off The Bench, the Lakers fetch a $10 billion valuation as a new owner takes control of the franchise, a federal judge urges litigants in the NASCAR antitrust brawl to settle, and appeals pile up against the NCAA's landmark $2.78 billion athlete compensation settlement.
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June 20, 2025
Chancery OKs Expedited Trial In Nielsen Co. Suit
Nielsen Holdings Ltd. won an early partial victory Friday in a suit accusing a consumer intelligence venture it spun off in 2021 of seeking to cut off access to data used by the former parent and another business Nielsen Holdings intends to sell to the spinoff's competitor, Circana LLC.
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June 20, 2025
Golf Course Biz Says Insurer Shirking $3M In Helene Damages
The owner of three North Carolina golf courses is suing Cincinnati Insurance for breach of contract after the company failed to fully cover property damage caused by Hurricane Helene, arguing its substantial premium clearly covers the destruction left by the 2024 storm.
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June 20, 2025
Pearson Warshaw, Fegan Scott To Steer PVC Antitrust Class
Pearson Warshaw LLP and Fegan Scott LLC have been tapped as lead counsel for a new class of end-user plaintiffs in consolidated litigation accusing polyvinyl chloride pipe companies of using a commodity pricing service to exchange information and illegally fix prices.
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June 20, 2025
NRA President Settles Suit Over His 2020 Election Audit Bill
A cybersecurity firm that sued over unpaid bills for its 2020 election investigations said this week that it reached a $500,000 settlement with a Pennsylvania business owner recently elected president of the National Rifle Association, despite his alleged efforts to extend the deal to cover a Michigan attorney and co-defendant.
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June 20, 2025
1st Circ. Blocks Swiss Arbitration Of Au Pair Wage Claims
A Massachusetts-based au pair agency cannot enforce a Swiss arbitration requirement included in a contract that childcare workers signed with a separate European company, the First Circuit has determined.
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June 18, 2025
Nurse Staffing Exec Can't Nix Conviction, Sanctions Floated
A Nevada federal court has refused a nurse staffing executive's bid to undo his conviction on wage-fixing and wire fraud charges, and threatened his attorneys with sanctions for allegedly making repeated misrepresentations to the court.
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June 18, 2025
Seychelles Co. Brings $22M Guinea Award To DC Circ.
A consulting company is asking the D.C. Circuit to revive its bid to enforce a $22 million arbitration award against the Republic of Guinea, contending that the lower court was wrong to toss the case on jurisdictional grounds.
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June 18, 2025
9th Circ. Tosses NLRB Order On Union Jurisdiction Dispute
The Ninth Circuit on Wednesday axed a National Labor Relations Board order barring a longshore union from going after maintenance work in the Port of Seattle that was awarded to the Machinists, with one judge inviting en banc review of appeals court precedent about work preservation defenses.
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June 18, 2025
Hungarian Chem Co. Seeks $2.6M Award Enforcement In Wyo.
Two Eastern European companies have asked a Wyoming federal court to enforce a €2.26 million ($2.6 million) award of arbitration legal fees and costs against a Laramie-based engineering firm following a dispute stemming from a deal to develop a chemical fertilizer.
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June 18, 2025
Fed. Circ. Blocks ITC Sanctions Appeal Without Import Tie
The Federal Circuit does not have jurisdiction to review whether the U.S. International Trade Commission properly denied Realtek's request for sanctions based on a third-party licensing agreement, as it has no bearing on the question of illegal imports, the court concluded Wednesday.
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June 18, 2025
MLB's Rays Discussing Sale To Fla. Real Estate Developer
The Tampa Bay Rays confirmed on Wednesday the Major League Baseball franchise is in "exclusive discussions" to be sold to a group led by real estate developer Patrick O. Zalupski, three months after the team pulled out of an agreement to build a new stadium in St. Petersburg.
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June 18, 2025
Cleo AI Wants Service Member's Predatory-Lending Suit Nixed
Online lender Cleo AI Inc. is seeking the dismissal of claims that it targeted military members with predatory lending practices, arguing that under relevant law, its "non-recourse advances" don't count as credit — and that, anyway, its users all agreed to arbitrate any disputes when they signed up to use its services.
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June 18, 2025
FTC, Amazon Trade Blows Over Attempts To End Prime Case
The Federal Trade Commission and Amazon have slammed one another in federal court filings over their competing bids to win regulators' case targeting Prime subscription enrollment practices, continuing to spar over the applicability of a consumer protection law shielding online shoppers.
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June 18, 2025
Tenn. School Sues Vet Group Over Accreditation Rules
Lincoln Memorial University filed a lawsuit in Tennessee federal court on Wednesday accusing a trade association for veterinarians of restricting competition for veterinary schools and vet services with burdensome accreditation requirements.
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June 18, 2025
Wash. Panel Sides With Insurer In Café Fire Damage Suit
A couple's commercial property insurer has no duty to cover damage from a kitchen fire at their café, a Washington state appeals court affirmed, finding the couple lacked certain protective safeguards that were required as part of their fire suppression system.
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June 18, 2025
California Bar Exam Woes Latest Chapter In Ongoing Scrutiny
Recent headline-grabbing blunders with the February California bar exam represent a stumbling block in a yearslong effort to reshape the exam, with an eye toward equity and accessibility for the more than 10,000 applicants who sit for the exam each year.
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June 18, 2025
Dorsey & Whitney Adds Patent Partner From Perkins Coie
Dorsey & Whitney LLP has grown its intellectual property offerings in Washington state with the addition of an experienced patent attorney from Perkins Coie LLP.
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June 18, 2025
Ex-Yankee Scores $222K Jury Award In Moldy Mansion Trial
A Connecticut federal jury on Wednesday awarded retired New York Yankees third baseman Joshua Donaldson more than $222,000 in a dispute with a former landlord he blamed for the presence of mold in a Greenwich mansion, and a judge is expected to double a substantial portion of that amount.
Expert Analysis
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There's No Crying In Property Valuation Baseball Arbitration
The World Series is the perfect time to consider how the form of arbitration used for settling MLB salary disputes — in which each side offers competing valuations to an arbitrator, who must select one — is often ideal for resolving property valuation disputes, say Sean O’Donnell at Herrick Feinstein and Mark Dunec at FTI Consulting.
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Navigating Fla.'s Shorter Construction Defect Claim Window
In light of recent legislation reducing the amount of time Florida homeowners have to bring construction defect claims, homeowners should be sure to understand their rights and responsibilities regarding maintenance, repairs and inspections set forth in developer-drafted documents, say Brian Tannenbaum and Nicholas Vargo at Ball Janik.
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Why Diversity Jurisdiction Poses Investment Fund Hurdles
Federal courts' continued application of the exacting rules of diversity jurisdiction presents particular challenges for investment funds, and in the absence of any near-term reform, those who manage such funds should take action to avoid diversity jurisdiction pitfalls, say attorneys at Sher Tremonte.
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Webuild Ruling Complicates Arb. Award Enforcement In US
A Delaware federal court's recent decision in Sociedad Concesionaria Metropolitana de Salud v. Webuild, if read literally, could undercut the United States' image as a proarbitration jurisdiction by complicating creditors' efforts to enforce awards against property in this country, says Jeff Newton at Omni Bridgeway.
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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.