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Commercial Contracts
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July 11, 2025
Netlist Judge To Query Jurors Post-Trial Over Voir Dire Replies
A California federal judge considering Samsung's bid for a fourth trial in its contract fight with Netlist on grounds that three jurors allegedly lied during voir dire told the parties Friday that he'll question those jurors about why they didn't disclose their involvement as parties in unrelated civil proceedings.
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July 11, 2025
Hospitals Used Retirement Forfeitures For Self-Gain, Suit Says
A North Carolina hospital system cost workers millions in savings by using forfeited matched funds in its retirement plan to cover its own contribution obligations instead of reducing plan expenses paid by employees, according to a new proposed class action filed in federal court.
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July 11, 2025
Florida Insurer Sued For Alleged Bias In Arbitration Process
A 92-year-old Miami resident has brought a petition against one of Florida's largest property insurers over redirecting disputes away from courts and into state arbitration hearings, described as forums with biased administrative law judges who shield the company from legal liability.Â
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July 11, 2025
Capgemini Asks Judge To Toss MoneyGram Data Breach Suit
Capgemini America Inc. has asked a Texas federal judge to toss a suit from MoneyGram Payment Systems Inc. blaming the IT company for a sweeping data breach, saying it never had access to the data that cybercriminals absconded with in September 2024.
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July 11, 2025
HOA Is Pushing Out Country Club Owner, NC Suit Says
A Florida country club operator asked a North Carolina judge to find that it controls a Charlotte-area country club and golf course within a gated community, alleging that a homeowners association has refused to recognize the company as the club's owner.
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July 11, 2025
Fla. Panel Sends Trampoline Park Injury Suit To Arbitration
A Florida appeals court on Friday ruled that a trampoline park operator can arbitrate a suit brought by a man who suffered injuries in a bathroom fall, saying the trial court erred by finding that bathroom mishaps were not covered by the park's arbitration clause.
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July 11, 2025
Sales Org. Hits Texas Payment Co. With Contract Suit
A Texas-based provider of prepaid mobile recharge and payment solutions was sued in Georgia federal court by Boom Commerce, an independent sales organization, over alleged violations of a merchant processing application and agreement for payment processing services.
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July 11, 2025
Schulte Roth Can't Claw Back $38M In Rent From SL Green
A New York state court judge ruled that Schulte Roth & Zabel LLP can't claw back $38 million in rent paid to landlord SL Green Realty during the height of the coronavirus pandemic, finding that a Y2K era rent abatement clause is only applicable if the landlord fails to provide service.
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July 11, 2025
Nonparties Object To 'Oppressive' Subpoenas In Contract Suit
An apartment complex and a contractor told the North Carolina Business Court that a construction company that filed suit, seeking to prove it was jilted by a subcontractor on more than $13 million worth of electrical work, is overreaching in its request for communications from them.
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July 11, 2025
11th Circ. Won't Reinstate Worker's ERISA Arbitration Award
A divided Eleventh Circuit panel refused to restore a former water treatment company director's arbitration award of about $129,000 on claims that he should've been offered severance when demoted to a consultant, saying an arbitrator erroneously decided a federal benefits law claim the worker never raised.
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July 11, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen HS2 hit with a defamation claim by two ex-employees who blew the whistle on alleged under-reporting of costs, Craig Wright and nChain face legal action brought by its former chief financial officer over a fraud scheme, and pro-footballer Axel Tuanzebe bring a clinical negligence claim against his former club Manchester United F.C. Here, Law360 looks at these and other new claims in the U.K.
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July 10, 2025
Punitive Damages Ruling Deferred In Jack Nicklaus' Fla. Suit
A Florida state court judge deferred a decision on whether he'll overrule a previous order denying punitive damages in a defamation lawsuit brought by former professional golfer Jack Nicklaus against a company he founded and two of its officers, saying there must be enough evidence to find that reprehensible misconduct occurred.
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July 10, 2025
Chubb Units Say Conn. City Owes $1.8M For Water Main Break
Two Chubb units told a Connecticut federal court that the city of New Britain must reimburse them for over $1.8 million in coverage payments for a water main break that they said caused severe flood damage, arguing local authorities took too long to step in.
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July 10, 2025
Construction Equipment Co. Says Dealer Withheld $3M
A Japanese construction machinery company told a Texas federal court that an Amarillo-based equipment dealer has failed to pay several invoices and continues to hold onto about $3 million worth of equipment, asking the court to order the dealership to turn over the equipment.
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July 10, 2025
'Admonition' But No More Amazon Penalty For Hidden Docs
A federal judge in Washington state took Amazon.com to task Thursday for "bad faith" material review that labeled tens of thousands of documents as covered by attorney-client privilege despite involving no legal advice, but the judge, who is presiding over the Federal Trade Commission's Prime subscriptions case against the company, opted against further punishment.
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July 10, 2025
Judge Trims IP Claims In Voice Actors' Suit Against AI Co.
A New York federal judge ruled Thursday that two voice actors accusing an artificial intelligence startup of cloning their voices for narration software without permission can proceed with their state-level claims, but their trademark and most of their copyright claims must be dismissed for now.
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July 10, 2025
Apple, Visa And Mastercard Beat Payment Fee Collusion Suit
An Illinois federal judge on Wednesday dismissed several retailers' proposed antitrust class action that accused Apple, Visa and Mastercard of scheming to restrain competition in point-of-sale transaction payment networks, saying the express terms of agreements retailers had claimed were anti-competitive showed otherwise.
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July 10, 2025
X Can't Escape Don Lemon Suit, But Musk Can, Judge Says
X Corp. has lost its bid to ditch all of former CNN anchor Don Lemon's lawsuit claiming the social media platform reeled him into a talk show partnership and then unceremoniously canceled the deal, although its leader Elon Musk was allowed to duck out of the case.
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July 10, 2025
Original BBQ Joint Lays Claim To TM In Fight With Franchise
The original location in a North Carolina chain of barbecue restaurants has shot back at a trademark infringement suit brought by the company that runs its sister restaurants, arguing it never lost ownership of the marks after the two entities split ways two decades ago.
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July 10, 2025
Conn. Couple Must Provide Harbor Access, Judge Says
A Connecticut state court judge has sided with a married Bridgeport couple who sued another married couple over a now-completed home construction project that allegedly blocked the plaintiffs from accessing a local harbor.
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July 10, 2025
11th Circ. Tosses Satellite Co.'s $829K Finder's Fee Suit
The Eleventh Circuit said Wednesday that a $829,000 award in favor of a satellite technology company should be tossed, writing that a Florida federal court didn't have jurisdiction over the case.
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July 10, 2025
Bettors Fight To Keep Suit Over DraftKings Promos Afloat
DraftKings customers alleging the online betting giant's advertisements fuel gambling addiction are pushing to keep their proposed class action against the company alive, throwing water on its effort to escape the lawsuit by leaning on its extensive disclaimers and fine print.
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July 09, 2025
Uber Gets Some Driver Sex Assault Bellwether Claims Tossed
The California federal judge overseeing multidistrict litigation accusing Uber Technologies Inc. of failing to prevent drivers from sexually assaulting passengers has partially granted the ride-share company's bid to dismiss 20 bellwether cases.
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July 09, 2025
OpenAI Must Give Musk Info On Altman Firing In Fraud Suit
A California federal magistrate judge overseeing discovery in Elon Musk's lawsuit challenging OpenAI's plans to change its corporate structure ordered the artificial intelligence company to hand over documents related to CEO Sam Altman's brief firing by OpenAI's board, agreeing the information is "relevant" to Musk's charitable trust and fraud claims.
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July 09, 2025
Albireo Energy Faces Suit Over Mold In Colo. School
A Colorado school district hit Albireo Energy with a negligence suit in state court Wednesday that blames the building controls company for nearly $1 million in damage to a middle school from a botched ventilation system upgrade.
Expert Analysis
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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DeepSeek AI Investigation Could Lead To IP Law Precedents
The investigation by OpenAI and Microsoft into DeepSeek's artificial intelligence model raises interesting legal concerns involving intellectual property and contract law, including potential trade secret appropriation and fair use questions, say Saishruti Mutneja and Raghav Gurbaxani.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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What Contractors Can Do To Address Material Cost Increases
In light of the Trump administration's plans to increase tariffs on Mexico, Canada and China, construction industry players should proactively employ legal strategies to mitigate the impacts that price increases and uncertainty may have on projects, says Brenda Radmacher at Seyfarth Shaw.
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Del. Ruling Further Narrows Scope Of 'Bump-Up' Exclusion
The recent Delaware Superior Court ruling in Harman International v. Illinois National Insurance offers a critical framework for interpreting bump-up exclusions in management liability insurance policies, and follows the case law trend of narrow interpretation of such exclusions, says Simone Haugen at Tressler.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz
Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Likely Doomed ÃÛÌÒÊÓÆµ Contract Rule Still Has Industry Pointers
While the Consumer Financial Protection Bureau's January proposal on consumer financial contract provisions is unlikely to be finalized under the new administration, its provisions are important for industry to recognize, particularly if state attorneys general decide to take up the enforcement mantle, say attorneys at Saul Ewing.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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What To Expect From Trump's Deputy Labor Secretary Pick
President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.