Amazon Shopper's Late Delivery Suit Flops At 9th Circ.

By Rachel Riley

A Ninth Circuit panel refused on Tuesday to reinstate a proposed class action accusing Amazon of failing to live up to scheduled delivery promises, echoing a lower court's conclusion that the e-commerce giant's terms and conditions don't entitle customers to automatic shipping fee refunds for late arrivals.  

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

Sonrai's $59M Trade Theft Verdict Trimmed To $10.4M

By Elliot Weld

An Illinois federal judge has reduced a $59 million jury verdict won by garbage truck maker Sonrai Systems to $10.4 million in a case over a rival company poaching a Sonrai executive, finding that while the evidence showed the rival's behavior was reprehensible, it didn't merit the amount the jury awarded.

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

Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court this past week handled a broad mix of cross-border corporate control disputes, merger settlements, startup equity fights, advancement claims and board oversight litigation, while also weighing fallout from high-profile deals involving Microsoft Corp., The Boeing Co. and Nikola Corp.

Read full article » | Save to favorites »

Beasley Allen Fails To Overturn J&J Talc Disqualification

By Adrian Cruz

A New Jersey federal judge affirmed the Beasley Allen Law Firm's disqualification from multidistrict litigation over Johnson & Johnson's talcum powder on Tuesday, determining that the firm has failed to provide a valid reason to back its attempt at a stay and temporary reinstatement into the matter.

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

Fla. Panel Orders Atty To Explain AI Citations In Roofing Case

By David Minsky

A Florida state appeals court has thrown out a breach of contract dispute following the parties' agreement to dismiss it, but ordered an attorney representing a roofing company to explain why he shouldn't be penalized after his brief apparently contained artificial-intelligence-generated legal citations.

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

Mintz Gets Patent Malpractice Suit Sent From Texas To Mass.

By Jack Karp

A former Mintz Levin Cohn Ferris Glovsky and Popeo PC client's professional negligence suit against the firm over its handling of a patent case belongs in Massachusetts rather than Texas federal court, according to a Tuesday order.

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

Justices Rebuff Ohio Freight Broker Case After Montgomery

By Linda Chiem

The U.S. Supreme Court on Tuesday rebuffed Ohio-based freight broker Total Quality Logistics LLC's bid to invoke federal law to shield it from state-based negligence and personal injury claims over a fatal 2019 accident.

Read full article » | Save to favorites »

Tanger Says NC Justices Can't Review COVID Coverage Fight

By Hope Patti

Tanger Outlets urged the North Carolina Supreme Court to toss its insurers' appeal of a decision allowing the retail outlet chain's suit seeking more than $50 million in pandemic-related coverage to proceed, saying the justices do not have jurisdiction to hear the dispute.

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

Colo. Justices Say Debt Buyer Must Show It Owns The Debt

By Rachel Konieczny

A debt buyer seeking to collect a debt must attach to its complaint a writing that shows the debt buyer owns the debt, the Colorado Supreme Court said Tuesday in ruling for a consumer who incurred a $671.29 credit card debt.

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

Conn. Drug Price Law Still Allows Hikes, 2nd Circ. Told

By Brian Steele

Wholesale distributors that abide by Connecticut's drug price cap law can hike the cost of their other products to ensure they don't suffer losses, the state told the Second Circuit Tuesday, raising the ire of the companies trying to invalidate the new statute.

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

Crypto Co. Partner Looks To Escape $58M Fraud, RICO Suit

By Sydney Price

The co-founder of a cryptocurrency data company accused by his former partner of a $58 million scheme to divert tokens offshore said the suit should be dismissed because it "impermissibly conflates" him with other business entities to bring additional contract claims.

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

Apple, OpenAI Say X Is Refusing To Allow Some Depositions

By Spencer Brewer

Apple Inc. and OpenAI Inc. told a Texas federal court that X Corp. wrongly stymied their ability to take depositions from X employees amid the social media company's sweeping antitrust suit, saying that X has refused to schedule the required number of depositions.

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

Refrigerant Cos. Want 4th Circ. To Revive Antitrust Suit

By Matthew Perlman

A pair of refrigerant companies filed their opening brief asking the Fourth Circuit to revive an antitrust case accusing DuPont spinoff the Chemours Co. FC LLC and a distributor of conspiring to block competition.

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

CoStar Seeks Pause In Antitrust Suit, Amid Transfer Fight

By Aneeta Mathur-Ashton

CoStar Group is asking a Virginia federal court to pause an antitrust suit alleging it stifles competition and prevents cross-listings while it seeks to move a similar case, filed by Malm Inc., from California.

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

Sprint Says Cogent Fiber Suit Is Rehash Of Accounting Fight

By Jarek Rutz

Former telecommunications giant Sprint urged the Delaware Chancery Court on Tuesday to throw out internet company Cogent Infrastructure LLC's fraud and contract claims over a disputed fiber-optic network agreement, arguing that the companies already agreed to let an accounting expert make a final and binding decision on the fight over the $24 million purchase price at the center of the case.

Read full article » | Save to favorites »

NIL Contracts Test Limits On College Football Transfers

College football's new legal era of direct payments to players and fewer transfer restrictions has put contractual provisions in play, and stipulations such as termination clauses and repayment obligations require added scrutiny as the name, image and likeness system evolves, says Kevin Paule at Hill Ward Henderson.

Read full article » | Save to favorites »

How The High Court Expanded Freight Broker Liability

After the U.S. Supreme Court's decision in Montgomery v. Caribe Transport II that freight brokers may be liable for selecting unsafe motor carriers, the key question will be whether brokers used reasonable care in selecting a given motor carrier, with the concurring opinion offering some clues as to what reasonable care might look like, says Marc Blubaugh at Benesch.

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

Wiley Hit With Proposed Class Action Over Data Breach

By Christine DeRosa

Wiley Rein LLP has been hit with a proposed class action accusing the Washington, D.C., firm of negligence after the firm said a group that may be affiliated with the Chinese government accessed emails of firm personnel.

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

Quinn Emanuel Sues To Collect $1.5M From Binance's Zhao

By Caroline Simson

Quinn Emanuel has filed suit in Washington, D.C., against former Binance CEO Changpeng Zhao, who was pardoned by President Donald Trump last fall, asking the court to enforce an arbitral award of nearly $1.5 million in unpaid attorney fees and other costs.

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

Trump Admin Wants Federal Workers To Sign NDAs, Citing Leaks

By Bonnie Eslinger

President Donald Trump's administration ​on Tuesday announced that it wishes to require federal employees with access to sensitive government information to sign a nondisclosure agreement, citing recent leaks related to immigration enforcement operations and the release of personal information belonging to approximately 4,500 Immigration and Customs Enforcement employees.

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

SPLC Says DOJ Indictment Is Baseless 'Retributive Campaign'

By Hailey Konnath

The Southern Poverty Law Center on Tuesday asked an Alabama federal court to throw out the Trump administration's indictment claiming it paid extremist group informants to "stoke racial hatred," arguing that it's a "top-down, retributive campaign" that constitutes vindictive prosecution.

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

3rd Circ. Disapproves Of Judge's Quips In Fatal Crash Case

By Y. Peter Kang

The Third Circuit on Tuesday scolded a Pennsylvania federal judge for his "inappropriate attempted witticisms" while presiding over a lawsuit in which a parent blamed transportation companies for the deaths of his two children in a highway collision, saying the judge's "ill-conceived attempts at levity" in a fatal injury case could be misinterpreted by the public.

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

Justices Order Redo In Immigration Judges' Free Speech Suit

By Katie Buehler

The U.S. Supreme Court on Tuesday reversed a Fourth Circuit order that had revived the immigration judges union's challenge to restrictions on their ability to speak publicly, finding the lower court abused its discretion by relying on arguments not raised by either party, and ordered further proceedings.

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

Brief

Justices To Consider Taking Judge Newman Case On June 11

By Emily Sawicki

The U.S. Supreme Court is set to decide whether to take up U.S. Circuit Judge Pauline Newman's petition seeking to overturn her suspension from the Federal Circuit on June 11, according to a notice posted Tuesday.

Read full article » | Save to favorites »

Comey Case Delayed Due To 'Gravity' Of Charges, Discovery

By Phillip Bantz

A North Carolina federal judge on Tuesday granted former FBI Director James Comey's unopposed request to postpone his arraignment and trial on charges he threatened President Donald Trump with a social media post of seashells, finding that ongoing discovery and the "gravity of the charges" favor an extension and "outweigh" any interests in having a speedy trial.

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

Copyright Suits Against Jan. 6 Attys Won't Be Tossed

By Jared Foretek

Attorneys who represented Jan. 6 defendants will have to face a consultant's claims that they copied her jury-attitude report without permission after a D.C. federal judge rejected their arguments that their conduct fell under fair use and the public's right to access court records.

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

Pirro, Blanche Fight DQ Bid In Attempted Assassination Case

By Christine DeRosa

U.S. Attorney Jeanine Pirro and Acting Attorney General Todd Blanche are fighting a bid from the California man accused of an attempted assassination of President Donald Trump at the White House Correspondents' Association dinner to disqualify them from handling the case.

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

DHS Pauses ICE Home Entries Under Administrative Warrants

By Courtney Bublé

Homeland Security Secretary Markwayne Mullin told a Democratic senator earlier this month he's paused immigration agents' use of administrative warrants to enter private property, but has not officially revoked the controversial policy issued last year.

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

Titan Of The Plaintiffs Bar: Cohen Milstein's Brent Johnson

By Matthew Perlman

Brent W. Johnson is helping to pioneer the use of antitrust law to tackle collusion in low-wage labor markets with work that includes representing workers from poultry- and meat-processing plants in a pair of cases that led to more than $600 million in settlements last year.

Read full article » | Save to favorites »