Analysis

FTC Faces Off Against Zillow-Redfin Rental Listings Deal

By Bryan Koenig

Federal Trade Commission attorneys will appear before a Virginia federal judge Monday in what will likely be the FTC's only antitrust conduct trial this year, squaring off against a rental listings syndication deal it says amounted to Zillow's $100 million payout for the smaller Redfin to exit the market.

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Verdict Bars Ex-Fla. Rep's 'Sham' Contract Claim, Oil Co. Says

By David Minsky

The U.S. affiliate of Venezuela's state oil company urged a New York federal court Friday to toss a former Florida congressman's counterclaim alleging he's still owed $30 million under a consulting contract, saying his conviction on charges of failing to register as a foreign agent shows the agreement was a "sham."

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Calif. High School NIL Limitations Survive Antitrust Challenge

By Elaine Briseño

A California federal judge has tossed a lawsuit by high school athletes challenging the state's limits on name, image and likeness opportunities, saying the plaintiffs have not adequately defined a relevant market or pled antitrust injury.

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Roundup

Transportation Tracker: Boeing, CH Robinson Verdicts

By Linda Chiem

In our latest Law360 Transportation Tracker, an Illinois jury awarded $29 million to the family of a U.N. worker killed in the 2019 crash of a Boeing 737 Max 8, while freight broker C.H. Robinson was hit with a blockbuster $604 million verdict in Texas over a fatal 2021 trucking accident.

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Hall Booth Fights Malpractice Discovery Amid Appeal

By Emily Johnson

Hall Booth Smith PC and two of its attorneys on Friday asked the North Carolina appeals court to pause a legal malpractice suit against it from the court-appointed receiver for two wrongfully convicted brothers awarded millions in an underlying suit, arguing their appeal challenging jurisdiction should be handled first.

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Fla. Condo Group Gets Trial After Arbitration Rule Fight

By Carolina Bolado

A Florida appeals court ruled Friday that a condominium association battling its contractor over work done after Hurricane Ian can get the trial it requested, after finding that its objection to an arbitration decision complied with Florida rules.

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JLL Hit With Developer's $12M Fraud Suit Over DC Project

By Isaac Monterose

A real estate developer and a property owner are suing Jones Lang LaSalle Americas Inc. for more than $12 million, alleging in Illinois state court that JLL defrauded them by making misleading claims about the potential financial success of a multifamily project in Washington, D.C.

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OhioHealth Faces Suit Over Insurance Contract Terms

By Aneeta Mathur-Ashton

An Ohio health system has been hit with a proposed class action over its contractual restraints that a union health plan alleges prevent cheaper insurance providers from gaining a foothold in the market.

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Produce Co. Says Staffing Firm Owes Defense In Pot Test Suit

By Jonathan Capriel

Plant-based protein food producer Myrtle Greens says it shouldn't be on the hook in a hiring discrimination lawsuit filed by a man who was turned away from a delivery job due to a positive drug test, arguing that all hiring is done by a third-party contractor that allegedly agreed to indemnify the food-maker.

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Insurers Owe No Coverage For $40M Retirement Plan Deal

By Gianna Ferrarin

Three excess insurers owe no coverage for a $40 million settlement that a church retirement plan administrator reached to resolve claims of self-dealing, a California federal court ruled, finding the claims were connected to wrongful prior acts.

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Australian Enforcer Sues Subaru Over Right To Repair

By Nadia Dreid

Australia's competition enforcer is taking Subaru to court, accusing the Australian arm of the Japanese car manufacturer of breaking the country's antitrust laws by failing to offer all car mechanics the diagnostic capabilities that it gives Subaru-affiliated repair shops.

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Pa.'s Kennywood Amusement Park Hit With Hidden Fees Suit

By Matthew Santoni

The parent company for the Kennywood amusement park outside Pittsburgh allegedly charged hidden fees tacked onto ticket prices, according to a proposed class action filed in Pennsylvania state court.

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Amazon Uses Twitch Streamers' Content To Train AI, Suit Says

By Gina Kim

Twitch and Amazon were hit with a proposed class action in California federal court Thursday by a Twitch streamer who says the companies are exploiting and using his live broadcasts, images and recorded videos to train Amazon's generative AI models by default, without obtaining their consent.

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Kalshi Wants Wash. Ban Axed After State 'Blessed' Competitor

By Sarah Jarvis

Kalshi has urged a Washington state court to reconsider a recent order blocking the company from offering event contracts to the state's residents in most of its prediction market categories, raising equitable findings concerns and pointing to Washington's recent "blessing" of event contracts offered by one of Kalshi's competitors.

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Wash. AG Pauses OG Case As 9th Circ. Weighs Preemption

By Jonathan Capriel

Washington's attorney general and its gambling commissioners have agreed to hold off on enforcing the state's gambling laws against prediction market platform OG, run by the North American Derivatives Exchange, while the Ninth Circuit decides related appeals that could resolve the underlying legal dispute.

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Radiology Co. Board Members Can't Dodge ESOP Trial

By Grace Elletson

A Colorado federal judge declined Friday to let board members of radiology company Envision escape a suit headed to a bench trial over claims they orchestrated an inflated $163.7 million stock sale to an employee stock ownership plan, ruling it's too contested whether they had control of the deal.

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Pharma Co. Loses Challenge To $3M Acne Drug Arb. Award

By Gianna Ferrarin

A New York federal court confirmed an arbitrator's finding that Sun Pharmaceuticals breached an agreement with the owner of an acne drug by seeking regulatory approval to market a version of the drug in Canada, rejecting arguments that the arbitrator wrongly relied on extrinsic evidence.

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Brief

EU Closes Pratt & Whitney Probe After Contract Changes

By Matthew Perlman

European enforcers said on Friday they closed an antitrust investigation into Pratt & Whitney Canada after the manufacturer changed its contracts to remove terms that allegedly prevented spare part suppliers from accessing used aircraft engines.

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Siser's $500K Misrepresentation Claims Survive Vinyl Dispute

By Melanie Dorsey

A Michigan federal judge on Friday pared down a vinyl manufacturer's lawsuit seeking more than $3.1 million from a distributor that allegedly stopped paying its bills and shut down, allowing misrepresentation claims tied to about $500,000 in additional shipments to proceed while dismissing unjust enrichment, conversion and corporate veil-piercing claims. 

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Ex-Owners Seek Legal Fees In Del. For $80M Co. Sale Suit

By Jarek Rutz

Five former owners and executives of JTI Electrical & Instrumentation LLC have sued the industrial services firm in the Delaware Chancery Court, urging it to order the company to pay legal fees they have incurred as they fight claims alleging they helped misrepresent the business's finances before its 2021 sale to affiliates of private equity firm Gemspring Capital.

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Roundup

UK Litigation Roundup: Here's What You Missed In London

By Megan Norcott

The past week in London has seen former Liberal Democrat MP Mark Oaten sue a fur auction house, private equity and pensions magnate Edmund Truell hit by a commercial fraud claim and Charles Russell Speechlys file a contract claim against two of its previous clients in the Middle East.

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AGs Want Meta's Privilege Claims Reviewed In Bellwether Trial

By Dorothy Atkins

During a break in a jury trial Monday over states' claims Meta hid social media's harm, states' counsel urged a California federal judge to require Meta to re-review all of its attorney-client privilege designations, arguing that "it seems actually logically impossible" that Meta described the wrong standard in only a single document.  

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Legal Center Says DOJ Is Stonewalling Fund Records Request

By Jared Foretek

A voting rights nonprofit is accusing the U.S. Department of Justice of stonewalling a request for records on the Trump administration's attempted "anti-weaponization fund," claiming that the agency has spent the summer unlawfully ducking a Freedom of Information Act submission.

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Galindo Law Files For Ch. 11 After Camp Lejeune Fee Fight

By Ben Zigterman

A Houston-based personal injury law firm sought bankruptcy relief on Monday with more than $50 million in liabilities after a mass tort litigation marketing company sued for over $9 million in fees related to finding potential victims of water contamination at Marine Corps Base Camp Lejeune.

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Attys Ask Court To Toss Suit Alleging They Stole 1,000 Cases

By Spencer Brewer

Multiple attorneys asked a Texas federal court to toss claims that they conspired to hijack 1,000 cases filed by hurricane survivors who had hired and built cases with a different firm, claiming the firm that brought the suit failed to plead a viable RICO claim.

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court last week saw a wave of lawsuits involving corporate oversight, take-private deals, financing transactions, bankruptcy fallout, stockholder voting rights and disputes over control.

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