The Third Circuit Thursday appeared skeptical of Caterpillar Inc.'s argument that a lower court's decision to vacate $100 million in damages awarded to a defunct equipment importer should stand, suggesting the heavy equipment maker's argument would foreclose new businesses from ever receiving lost profits.
Law360
Commercial Contracts
SATURDAY, JULY 11, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

3rd Circ. Hints At Reviving $100M Verdict Against Caterpillar 

By George Woolston

The Third Circuit Thursday appeared skeptical of Caterpillar Inc.'s argument that a lower court's decision to vacate $100 million in damages awarded to a defunct equipment importer should stand, suggesting the heavy equipment maker's argument would foreclose new businesses from ever receiving lost profits.

Read full article » | Save to favorites »

Wash. Judge Grants Amazon Win In Audible Auto-Enroll Suit

By Ben Adlin

A Washington federal judge handed a win to Amazon.com Inc. on Thursday, dismissing a shopper's proposed class action accusing the e-commerce giant and its subsidiary Audible Inc. of deceptively enrolling customers in audiobook service subscriptions.

Order attached | Read full article » | Save to favorites »

'Bye Bye Bye' Choreographer Drops Sony Copyright Claims

By Kelcey Caulder

The artist behind NSYNC's iconic "Bye Bye Bye" choreography has dropped his claims against Sony Music Holdings Inc. over allegations that the company licensed the dance for use in Marvel Studios' 2024 movie "Deadpool & Wolverine" and Epic Games' video game Fortnite without his permission or giving him credit.

3 documents attached | Read full article » | Save to favorites »

LEGAL ETHICS & MALPRACTICE

McCarter Atty Didn't Bungle $20M NY Deals, Conn. Court Told

By Brian Steele

McCarter & English LLP and a onetime partner did not commit legal malpractice when representing the lenders in $20 million worth of loan deals that fell apart when the borrower defaulted and a municipal obligor refused to pay, a defense expert told a Connecticut state court on Thursday.

1 document attached | Read full article » | Save to favorites »

USF Must Pay Fees Over Destroyed Notes In Sex Abuse Suit

By Alex Lawson

A California magistrate judge has ordered the University of San Francisco to pay legal fees stemming from the destruction of its former athletic director's notes in a suit over alleged sexual harassment within the school's baseball program.

Order attached | Read full article » | Save to favorites »

REAL ESTATE & DEVELOPMENT

Colo. Panel Nixes Developer's $1.2M Atty Fee Award

By Rachel Konieczny

Colorado appellate judges held for the first time Thursday that a trial court's order denying a request for attorney fees is not final and appealable until the trial court resolves every party's fee request, siding with a property owners association's bid to reverse a developer's $1.26 million fee award.

Opinion attached | Read full article » | Save to favorites »

INSURANCE

NC Biz Court Tosses Lot Owners' $1.45M Helene Fee Fight

By Hayley Fowler

The North Carolina Business Court has scrapped a legal challenge over a $1.45 million special assessment levied against property owners in a gated community to cover Hurricane Helene damages, finding the lot owners failed to plead any facts in support of their claims.

Order attached | Read full article » | Save to favorites »

Insurer Says Freight Cos. Blew Coverage Of $59M Judgment

By Gianna Ferrarin

An insurer defending two freight companies as they appeal a $59 million personal injury judgment against them urged a New Jersey federal court to find they aren't owed any coverage because, the insurer alleged, they went behind the insurer's back by working with the injured motorist.

2 documents attached | Read full article » | Save to favorites »

CONSUMER PROTECTION

9th Circ. Spurns Doxo's Bid To Arbitrate Class Action

By Sydney Price

The Ninth Circuit backed a Washington district court's decision to deny online bill-pay service Doxo Inc.'s bid to arbitrate class claims that it deceived customers by not disclosing fees upfront, saying the company waited too long and litigated too much before pushing for arbitration.

Opinion attached | Read full article » | Save to favorites »

INTELLECTUAL PROPERTY

Tesla Keeps Part Of Arbitration Award In Battery IP Feud

By Adam Lidgett

A California federal judge has backed part of an arbitration award blocking a Tesla supplier from selling certain electric vehicle battery equipment to anyone other than Tesla, but said the arbitrator needs to take another look at other parts of the injunction.

Order attached | Read full article » | Save to favorites »

MEDIA & ENTERTAINMENT

Promoter Can't Escape Suit Over Drakeo's Backstage Killing

By Craig Clough

A Los Angeles judge held Thursday that a promoter who booked some acts for a concert where rapper Drakeo The Ruler was killed cannot escape a consolidated wrongful death suit brought by the artist's family and associates, ruling his insistence he was not responsible for security at the concert is not enough evidence.

Read full article » | Save to favorites »

EMPLOYMENT

5th Circ. Prods Highland-Affiliated Co. On Ex-CEO's 'Privity'

By Spencer Brewer

A Fifth Circuit panel pressed an entity related to Highland Capital to explain why a fraudulent transfer claim against Highland's former CEO should stand following a separate consent judgment, asking when the former chief executive ceased to be "in privity with Highland."

Read full article » | Save to favorites »

SECURITIES & WHITE COLLAR

Colombian Entrepreneur Cooked Books To Sell Co., Suit Says

By Sydney Price

Investment advisory firm Christofferson Robb & Co. has sued former Colombian presidential candidate Santiago Botero and several other entities, claiming they participated in a scheme to inflate the financial performance of Botero's failing loan servicing company that benefited the business executive, his family and friends.

Complaint attached | Read full article » | Save to favorites »

COMPETITION

Sandoz's Patent Loss Blocks Antitrust Suit, 4th Circ. Told

By Bryan Koenig

Retired U.S. Circuit Judge Paul R. Michel is backing Amgen against Sandoz's Fourth Circuit appeal, arguing in an amicus brief that the final say over now-nixed allegations of blocked biosimilar competition to arthritis drug Enbrel came when Amgen successfully sued Sandoz for patent infringement.

Brief attached | Read full article » | Save to favorites »

Regeneron Cites Medtronic Ruling In Amgen Bundling Case

By Cara Salvatore

Regeneron has told a Delaware federal judge there is new reason to preserve its $407 million win against Amgen over cholesterol drug bundling after a California federal judge found in an analogous case that the plaintiff need not prove the defendant had monopoly power over every item in a bundle.

Notice attached | Read full article » | Save to favorites »

HEALTHCARE & LIFE SCIENCES

$500M Medical Glove Contract Breach Suit Sent To Arbitration

By Bonnie Eslinger

A Malaysia-based distributor must arbitrate its $500 million suit against a medical gloves supplier in a case stemming from a COVID-19 era agreement aimed at supplying nitrile gloves to Walmart for resale, after a New York federal court found an exception to arbitration for intellectual property disputes did not apply to the claims.

Order attached | Read full article » | Save to favorites »

Atty Fights Bid To Ax Health Plan RICO Suit

By Benjamin Morse

An attorney who filed a proposed RICO class action in New York tied to a Federal Trade Commission case alleging a $91 million sham health insurance scheme is fighting a receiver's dismissal and sanctions bid, telling a Florida federal court he never defied its orders.

3 documents attached | Read full article » | Save to favorites »

CANNABIS

Cookies Retail Led Dispensary Into $1.9M Tax Crisis, Suit Says

By Jonathan Capriel

Six entrepreneurs alleged in a California state court lawsuit that cannabis giant Cookies Retail pushed them out of their dispensary and took control over its bank accounts, leaving the retail shop saddled with nearly $2 million in unpaid taxes.

Complaint attached | Read full article » | Save to favorites »

EXPERT ANALYSIS

How Reincorporating In Texas May Alter Earnout Disputes

While the DExit debate has focused on shareholder suits, far less attention has been paid to what reincorporating in Texas means for M&A disputes, making it particularly important to understand the nuances between Delaware and Texas earnout jurisprudence, say attorneys at Selendy Gay.

Read full article » | Save to favorites »

Looking At Drake's Diss Track Appeal Through An IP Lens

Though Drake's pending Second Circuit appeal over UMG's promotion of Kendrick Lamar's "Not Like Us" is formally about defamation, it shows that IP considerations can help identify records showing how a work traveled, which may guide courts when deciding context, says attorney Abdul Abdullahi.

Read full article » | Save to favorites »

How Rated Note Feeders Help Insurers Tap Private Credit

With insurer investments comprising nearly a third of the private credit market, rated note feeders offer insurers a compelling way to access private credit yields through debt instruments by balancing key features of debt investment with the structural and economic profiles of private credit funds, say attorneys at Akin.

Read full article » | Save to favorites »

Series

Bass Fishing Makes Me A Better Lawyer

Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.

Read full article » | Save to favorites »

LEGAL INDUSTRY

Bradley Adds Bankruptcy Atty From Arnall Golden In Atlanta

By Emily Johnson

Bradley Arant Boult Cummings LLP has added an Arnall Golden Gregory LLP partner in its Atlanta office, strengthening its bankruptcy and creditors' rights practice with an attorney who brings more than 25 years of legal experience.

Read full article » | Save to favorites »

Roundup

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

By Laura Stewart Liberty

The past week in London has seen lawyer Ian Rosenblatt launch legal action against music mogul Simon Cowell, Boohoo face a fresh investor claim after previously facing allegations that it feigned ignorance of labor abuses in its supply chain, and an ex-Tory MP and his chief of staff sued by their former employer. Here, Law360 looks at these and other new claims in the U.K.

Read full article » | Save to favorites »

Oura Health Swaps In Sidley For Quinn After Ex-CEO's DQ Bid

By Dorothy Atkins

A California federal judge granted Oura Health's request to swap in Sidley Austin LLP for Quinn Emanuel Urquhart & Sullivan LLP in breach-of-contract litigation by the fitness tracker company's former CEO after the ex-executive sought to disqualify Quinn Emanuel for purportedly having access to his confidential data.

Order attached | Read full article » | Save to favorites »

11th Circ. Upholds Airline's Win In COVID Discrimination Case

By Irene Spezzamonte

A group of workers for a commercial airline and a related entity failed to support their claims that the companies' COVID-19 pandemic-era policies discriminated against their religious beliefs, the Eleventh Circuit ruled Friday, while sharply criticizing their attorney for his misuse of artificial intelligence.

2 documents attached | Read full article » | Save to favorites »

Brooklyn Legal Aid Provider's Union Sets Strike Deadline

By Andrea Keckley

The union for the Brooklyn Defender Services has voted to authorize a strike if it doesn't reach an agreement with managers by the morning of July 16.

Read full article » | Save to favorites »

4 Takeaways From Probe Of Feb. 2025 Calif. Bar Exam Fiasco

By Emily Sawicki

Poor implementation of the February 2025 California Bar Exam resulted in millions of dollars in extra costs and negatively affected "a significant portion" of test-takers, according to a new report by the California State Auditor.

Report attached | Read full article » | Save to favorites »

UChicago Law Takes On AI With Phone And Laptop Ban

By Matt Perez

The University of Chicago Law School will prohibit the use of electronic devices such as laptops, tablets and phones in all first-year law school sections and courses as part of new policies dictating the use of artificial intelligence at the school.

Read full article » | Save to favorites »

Roundup

GC Cheat Sheet: The Hottest Corporate News Of The Week

By Michele Gorman

Among the stories in corporate legal news you may have missed in the past week: The SEC chair said this year's corporate proxy season saw none of the "dire predictions" some had forecast, and in a recent survey, hundreds of law firm leaders said they're increasingly losing clients, citing problems in delivering their legal services.

Read full article » | Save to favorites »

Reed Smith Creates AI-Focused Legal Services Team

By Emily Johnson

Reed Smith LLP has created a department to bring lawyers, e-discovery and AI professionals and others to support clients and the firm with legal, business and technology-focused guidance, and tapped a partner in Philadelphia to spearhead the effort.

Read full article » | Save to favorites »

Baker Donelson Wins $45K From Tenn. Firm Over AI Misuse

By Lynn LaRowe

Tennessee personal injury firm Reaves Law Firm PLLC must pay more than $45,000 in attorney fees to Baker Donelson Bearman Caldwell & Berkowitz PC over Reaves Law's misuse of artificial intelligence in a federal malpractice suit against Baker Donelson.

2 documents attached | Read full article » | Save to favorites »

NJ Panel Urges Attys To Be 'Introspective' Before Retirement

By Jake Maher

A panel of attorneys and retired judges encouraged New Jersey lawyers to be "introspective" and plan ahead as they navigate leaving their identity as a lawyer behind in retirement.

Read full article » | Save to favorites »

What To Know About New US Atty For Texas' Southern District

By Lynn LaRowe

Aaron Reitz, who was previously a top deputy to Texas Attorney General Ken Paxton and served in the U.S. Department of Justice before a failed bid for state attorney general, is now U.S. attorney for the Lone Star State's Southern District.

Read full article » | Save to favorites »

Law360's Legal Lions Of The Week

By Kevin Penton

Greene Broillet & Wheeler LLP and Ludd & Ludd lead this week's edition of Law360 Legal Lions, after a San Diego jury ordered Hyatt to pay $15.5 million over the death of a guest who was left uncontacted for a day after failing to check out.

Read full article » | Save to favorites »

HHS' Ex-GC Committed Ethics Violations, Watchdog Says

By Craig Clough

A watchdog organization filed a complaint Thursday with the U.S. Department of Health and Human Services' Office of Inspector General seeking an investigation into former HHS general counsel Michael Stuart over alleged federal ethics violations, saying it appears he failed to divest from prohibited financial holdings and made prohibited investment purchases after taking office.

Complaint attached | Read full article » | Save to favorites »

NY Nonprofits Want ICE Docs On Courthouse Arrest Policies

By Stewart Bishop

Nonprofit groups suing U.S. Immigration and Customs Enforcement over courthouse arrest policies pressed a Manhattan federal judge to force the agency to produce documents and testimony concerning arrests it conducts outside immigration courts after the agency's revised policy concerning such arrests in Manhattan was put on hold.

Letter attached | Read full article » | Save to favorites »

Atty's 'Fabricated Quotes,' 'Reliance on AI' Panned By Judge

By Craig Clough

A New York magistrate judge struck a brief Friday filed by an attorney representing a client suing Roc Nation after finding that it included numerous fabrications that may have resulted from artificial intelligence hallucinations, noting that the attorney has been "repeatedly" sanctioned or warned by multiple courts for the same behavior. 

Order attached | Read full article » | Save to favorites »

In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

Read full article » | Save to favorites »

Davis Wright Atty Hit With Sanctions After Winning Sanctions

By Jeff Overley

After defending six-figure sanctions of plaintiffs lawyers for "a reckless course of prolonging litigation," a Davis Wright Tremaine LLP attorney is facing his own six-figure sanctions, with a California magistrate judge finding he "unnecessarily burdened" opposing counsel despite warnings dating back years about "improper litigation tactics."

10 documents attached | Read full article » | Save to favorites »

Promo that reads Supreme Court Term in Review. What You Need to Know. With a photo of the Supreme Court underneath gray blue promo that reads Law360 Pulse Lawyer Satisfaction Survey

LAW FIRMS IN TODAY'S NEWS

Advisors LLC

Ahmad Zavitsanos

Akin Gump

Alston & Bird

Arnall Golden

Arnold & Porter

Baker Donelson

Blank Rome

Bradley Arant

Bramnick Grabas

Bursor & Fisher

Charles Russell Speechlys

Chasan Lamparello

Cleary Gottlieb

Cohen & Gresser

Cole Scott & Kissane

Cotchett Pitre

Covington & Burling

Cozen O'Connor

Crawford Wishnew

DAC Beachcroft

DLA Piper

Davis Polk

Davis Woolfe

Davis Wright Tremaine

Dentons

Dovel & Luner

Dowd Scheffel

Dynamis LLP

Emery Celli

FeganScott

Fenwick & West

Finn Dixon

Fish & Richardson

Forbes Law Group

Fox Williams

Freeths LLP

GableGotwals

Gibson Dunn

Greene Broillet

HSF Kramer

HWG LLP

Hance Scarborough

Harris Beach Murtha

Harris Solicitors

Hill Dickinson

Himmelstein Gribben

Hogan Lovells

James McElroy & Diehl

Jenner & Block

Jones Day

Joseph Greenwald & Laake

Kasowitz LLP

Keller Rohrback

Kennedys Law LLP

King & Spalding

Kirkland & Ellis

Knobbe Martens

Kuit Steinart

Latham & Watkins

Lentz & Gengaro

Lieff Cabraser

Logan Vance

MSB Solicitors

McAndrew Vuotto

McAngus Goudelock

McCarter & English

Memery Crystal

Munger Tolles

Orrick Herrington

Paul Weiss

Phelps Dunbar

Pinsent Masons

Quinn Emanuel

Reaves Law Firm PLLC

Reed Smith

Reese LLP

Reichman Jorgensen

Reynolds Porter

Richards Layton

Rosenblatt Solicitors

Rosing Pott

Sabatini Law Firm PA

Selendy Gay

Sidley Austin

Silver Golub

Singh Singh

Smith Krivoshey

Sperling Kenny

Squire Patton

Stephens Scown

Stephenson Harwood

Strickland Debrow

T. A. Blackburn Law PLLC

TLT LLP

Tacopina Seigel

The Cochran Firm

Tousley Brain

Tripp Scott

Veale Wasbrough

Venable LLP

Ward Hadaway

Weil Gotshal

White & Case

Wiggin & Dana

Winston Taylor

Womble Bond

Young Conaway

COMPANIES IN TODAY'S NEWS

AT&T Inc.

AbbVie Inc.

Aetna Inc.

African Communities Together

Amazon.com Inc.

American Bar Association

American Civil Liberties Union

Amgen Inc.

Amicus

Andreessen Horowitz LLC

Ansell Ltd.

Anthropic PBC

Apple Inc.

Applied Medical Resources Corp.

AstraZeneca PLC

Atlas Air Inc.

Audible Inc.

Banc of California Inc.

Big Lots Inc.

BigHand Ltd.

British American Tobacco PLC

Brooklyn Defender Services

C3 Presents LLC

Campaign Legal Center

Caterpillar Inc.

Center for Family Representation Inc.

Chevron Corp.

Cisco Systems Inc.

Cisneros

Coinbase Global Inc.

Connecticut Bar Association

Council for Innovation Promotion

Egan-Jones Ratings Co.

Epic Games Inc.

Fortis Advisors LLC

Fox Corp.

Gerson Lehrman Group Inc.

Google LLC

IMDb.com Inc.

Instagram Inc.

International Federation of the Phonographic Industry

Investments Ltd.

Johnson & Johnson

LVMH Moet Hennessy

LinkedIn Corp.

Live Nation Entertainment Inc.

MTV Networks Co.

Make the Road New York

Marriott International Inc.

Marvel Entertainment LLC

MasterCard Inc.

Matthews International Corp.

Mediterranean Shipping Co. SA

Medtronic PLC

MetLife Inc.

Monsanto Co.

Morgan Stanley

National Association of Insurance Commissioners

National Collegiate Athletic Association

Netflix Inc.

New Jersey State Bar Association

New York Civil Liberties Union

Norfolk Southern Corp.

North American Securities Administrators Association

Pfizer Inc.

Prudential Financial Inc.

ROC Nation LLC

Radisson Hotels International

Red Bull GmbH

Regeneron Pharmaceuticals Inc.

Sabine Oil & Gas Corp.

Sandoz International GmbH

SoftBank Group Corp.

Sony Music Entertainment Inc.

State Bar of California

Tesla Inc.

The District of Columbia Bar

The Kroger Co.

TikTok Inc.

Trafigura Group Pte. Ltd.

TransUnion LLC

United Airlines Holdings Inc.

United Auto Workers

Visa Europe

Walmart Inc.

Warner Bros. Entertainment Inc.

Wells Fargo & Co.

YouTube Inc.

Ring Power Corp.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Bureau of Industry and Security

California Department of Tax and Fee Administration

City and County of San Francisco, California

Competition Appeal Tribunal

Delaware Court of Chancery

Equal Employment Opportunity Commission

Executive Office for Immigration Review

Federal Communications Commission

Federal Emergency Management Agency

Federal Trade Commission

Food and Drug Administration

Illinois Supreme Court

Los Angeles Superior Court

New Jersey Supreme Court

Small Business Administration

Texas Attorney General's Office

Texas House of Representatives

Texas Legislature

Texas Supreme Court

U.S. Attorney's Office for the Southern District of New York

U.S. Attorney's Office for the Southern District of Texas

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Commerce

U.S. Department of Health and Human Services

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of Labor

U.S. District Court for the Central District of California

U.S. District Court for the District of Delaware

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of New York

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Georgia

U.S. District Court for the Southern District of California

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Pennsylvania

U.S. District Court for the Western District of Tennessee

U.S. District Court for the Western District of Washington

U.S. Immigration and Customs Enforcement

U.S. Marine Corps

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

UK High Court