5th Circ. Revives Penske Vicarious Liability Suit

By Linda Chiem

The Fifth Circuit Tuesday revived a lawsuit alleging trucking services giant Penske Logistics LLC and its freight broker affiliate Penske Transportation Management LLC are vicariously liable for a fatal 2018 Texas collision, after the U.S. Supreme Court's recent Montgomery ruling reshaped brokers' liability exposure.

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5th Circ. Hints Texas App Age-Check Law Needs More Review

By Spencer Brewer

A Fifth Circuit panel wanted to know whether the lower court should have gone "provision by provision" before halting a Texas law that requires app store owners to block minors from downloading apps without parental consent, suggesting the lower court needed to do more while weighing the legislation's constitutionality.

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UMB Bank Suit Over Failed Hard Rock Hotel Headed To Trial

By Katryna Perera

UMB Bank NA's lawsuit over a failed $80 million development of a Hard Rock hotel and events center in Kansas is set to proceed to trial, with a federal judge holding that the suit asserts triable issues regarding whether some of the defendants shared a common purpose to defraud and to participate in a fraudulent enterprise. 

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Day Pitney Dropped From Suit Over Ex-Justice's Involvement

By Brian Steele

A Connecticut state court judge allowed Day Pitney LLP to withdraw from a $1.3 million corporate windup feud after the involvement of one of its partners, a former chief justice on the state Supreme Court, came to light, negating the defendants' call for an evidentiary hearing on a motion to disqualify the firm.

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Ashurst Perkins, Nail Co. Lose Doc Bids In Malpractice Suit

By Rachel Riley

Ashurst Perkins Coie won't have to turn over documents related to its predecessor firm's work for an Omani screw and nail manufacturer in international trade proceedings that are now the subject of a legal malpractice case, a Washington court has ruled, while also denying a discovery request from the firm. 

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Developer Sunk $10.5M Into Contaminated Land, NC Suit Says

By Hayley Fowler

An environmental consulting company allegedly failed to warn a real estate developer that property in North Carolina was contaminated with dry-cleaning chemicals until after the developer sunk $10.5 million into trying to develop the land, according to a state Business Court lawsuit.

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Construction Co. Insurers Denied NYU Settlement Clawback

By Danielle Ferguson

A construction company's insurers cannot recoup $50 million they paid to resolve a lawsuit from New York University over project damage, the Delaware Superior Court has ruled, finding New York law would not allow insurers to recover payments made under a reservation of rights when the policy didn't expressly allow it.

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Stripe Seeks OK Of $1.4M Arb. Award In Chargeback Dispute

By Sydney Price

Payment processing company Stripe has asked a California federal court to confirm an arbitration award of more than $1.3 million in fees and costs that it won after beating claims from a merchant, whose payment processing account was terminated due to an extremely high volume of chargebacks.

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AGs Can't Yet Get Discovery Into Live Nation's DOJ Deal

By Craig Clough

A New York federal judge on Tuesday rejected a request by some state attorneys general for discovery into the Justice Department's antitrust settlement reached midtrial with Live Nation, ruling that the scope of the request is "unclear" but the AGs can try again with "narrow and targeted requests."

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Brief

Teams In Flores' Bias Suit Take Arbitration Denial To 2nd Circ.

By David Steele

Three NFL teams bidding to send their portion of a racial discrimination suit by former head coach Brian Flores back to league-run arbitration have appealed a New York federal judge's ruling against them to the Second Circuit.

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Del. Chancery Partly Revives HKA's Employment Contract Suit

By Jarek Rutz

The Delaware Chancery Court on Monday let HKA Global LLC revive parts of its suit against three former partners and Accuracy US LLC, allowing several new claims while refusing to reinstate contract theories the court had already rejected after voiding key restrictive covenants.

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Carnival Gets Housekeeper's Injury Suit Sent To Arbitration

By Y. Peter Kang

A Florida federal judge has ruled that a suit brought by a Carnival Corp. cruise ship employee over an on-the-job spinal injury belongs in arbitration, saying the worker's indigence claim over arbitration fees is moot because the company has already paid it.

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Digital Marketing Co. Ibotta Beats Shareholder's IPO Action

By Sydney Price

Digital consumer discount company Ibotta Inc. has escaped a proposed shareholder class action accusing it of misleading investors in the lead-up to the company's 2024 initial public offering, with a Colorado federal court ruling the allegations do not connect the defendants to intentions to defraud.

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$15M Deal In PVC Pipe Price-Fixing Case Gets Initial OK

By Celeste Bott

An Illinois federal judge on Tuesday granted early approval to a $15 million deal purchasers struck with plastic pipe system supplier Pipelife Jet Stream, allowing it to soon exit antitrust litigation accusing major polyvinyl chloride pipe producers of fixing prices.

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Dominican Republic Looks To Nix $44M Award

By Corey Rothauser

The Dominican Republic has urged the D.C. Circuit to overturn a Washington federal court's confirmation of a nearly $44 million arbitral award in favor of billionaire businessman Michael Lee-Chin, arguing the lower court improperly deferred to the arbitral tribunal on threshold questions of arbitrability and allowed enforcement of an award issued without a valid agreement to arbitrate.

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Navigation Product Co. Says $12.7M Feud Must Be Litigated

By Corey Rothauser

Emcore LLC has urged a New Jersey federal court to reject a Turkish electronics company's bid to arbitrate claims seeking at least $12.7 million, arguing the sales representative agreement underlying those claims contains no arbitration clause.

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Judge Undoes Default Order Against Hemp Co. In CBD Oil Suit

By Jonathan Capriel

A federal judge set aside a default order against a Washington cannabis grower that failed to timely answer counterclaims in a dispute over a multimillion-dollar hemp biomass purchase agreement, finding the company's late filing was due to attorney and staff error rather than willful misconduct.

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How Does In-House Pay Compare? Take The Law360 Survey

How do in-house salaries vary across industries, roles, and organizational revenue? What compensation tools are companies using to lure top talent? Help Law360 Pulse answer these questions and more in this year's In-House Compensation Survey.

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Exclusive

Tyson & Mendes In Talks For Possible PE-Backed MSO Deal

By Emma Cueto

Insurance litigation defense firm Tyson & Mendes LLP confirmed to Law360 Pulse Tuesday that it is in "preliminary discussions" about taking private equity investment via a managed service organization.

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Fla. AG Requests Impeachment Probe Into 11th Circ. Judge

By Carolina Bolado

Florida's Attorney General said Monday he is asking Congress to open an impeachment inquiry into U.S. Circuit Judge Nancy Abudu because of work she did before ascending to the Eleventh Circuit bench for the Southern Poverty Law Center.

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Analysis

These Firms Are Landing The Most Patent Litigation Work

By Dani Kass

Rabicoff Law and Ramey LLP have maintained their roles as top patent suit filers, while Fish & Richardson PC and Gillam & Smith LP have remained leaders on defense teams, according to Lex Machina's annual patent litigation report.

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Approach The Bench: Judge Rakoff Doesn't Hide His Views

By Cara Bayles and Steven Trader

During his decades on the bench, U.S. District Judge Jed Rakoff has witnessed a slew of changes, particularly as technology has brought a rise in cybercrimes, as well as novel questions like whether AI-generated legal advice is privileged. But perhaps the biggest shift was in Rakoff's own views.

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ABA Gives Symbolic Support For Law School DEI Standards

By Emily Sawicki

In a split vote, American Bar Association House of Delegates members on Tuesday elected to uphold a rule requiring law schools to demonstrate DEI standards, but then followed up with a vote allowing another path to removing the standards, in an effort to avoid the Trump administration's threat to strip the ABA of accreditation authority.

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Simpson Thacher Highlights PIPE Client's Financial Troubles

By Madison Arnold

The founder of Patriot National Inc. was likely short millions of dollars when it finalized a private investment in public equity transaction at the center of his malpractice case against Simpson Thacher & Bartlett LLP, according to defense testimony on Tuesday at a Florida state trial.

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ABA Seeks Bar Exam Reform Following Tech Failures

By Emily Sawicki

Over the course of its two-day annual meeting, the American Bar Association's policymaking body, the House of Delegates, approved measures to urge further bar exam oversight and backed measures to support law schools at accredited historically Black colleges and universities.

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Blanche Advances After GOP Sens. Win Written Assurances

By Courtney Bublé

The Senate Judiciary Committee voted to advance acting Attorney General Todd Blanche's nomination for the permanent position Tuesday, after Sens. Thom Tillis, R-N.C., and John Cornyn, R-Texas, said they would support him.

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Ford Asks 9th Circ. To Revive Lemon Law Fake-Billing Suit

By Linda Chiem

Ford Motor Co. has asked the Ninth Circuit to revive its racketeering lawsuit accusing three attorneys affiliated with Knight Law Group LLP of orchestrating a massive fraudulent billing scheme, saying First Amendment protections don't immunize the attorneys' underlying conduct in California lemon law litigation against the automaker.

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Fried Frank Data Breach Class Action Voluntarily Dismissed

By Matt Perez

A proposed class action data security suit against Fried Frank Harris Shriver & Jacobson LLP was voluntarily dismissed on Thursday following a joint motion to stay the case in April to undergo mediation.

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Analysis

New Patent Suits Surge As PTAB Challenges Get Tougher

By Ryan Davis

More patent suits were filed in 2025 than in any year in the past decade, according to a new report, an increase attorneys said is likely tied to new U.S. Patent and Trademark Office policies that have made it harder to challenge patents.

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NC Judge Who Upheld Voter ID Law To Take Senior Status

By Courtney Bublé

Judge Thomas Schroeder of the Middle District of North Carolina has informed the president he will take semi-retired status at a date later in the future.

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Bronx Union Says Striking Atty Faced 'Impossible' Choice

By Andrea Keckley

An attorney with the Bronx Defenders felt she had no other choice but to cross the picket line on Tuesday after an immigration judge ordered her to appear in court and the organization's managers did not commit to covering the proceedings without her, a union representative has told Law360.

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Neighborhood Defender Service Of Harlem Union Ends Strike

By Andrea Keckley

The Neighborhood Defender Service of Harlem union announced it was returning to work with a tentative deal after more than a week on the picket line.

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