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Commercial Contracts
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May 14, 2025
Insurer Ends Case Blaming Panda Express For Water Leak
An insurance company on Wednesday dropped its case seeking more than $176,000 from Panda Express Inc. for damages allegedly caused when grease-filled pipes at one of the chain's restaurants backed up and leaked water into a clothing store covered by the insurer.
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May 14, 2025
Regeneron-Amgen Trial Goes To Jury With An Extra Day
Federal jurors started deliberating on a Regeneron Pharmaceuticals Inc. antitrust suit late Wednesday accusing Amgen Inc. of tripping up Regeneron's anti-cholesterol drug insurance eligibility by illegally bundling Amgen's competing version with rebates for two unrelated drugs, with potential triple damages in the balance.
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May 14, 2025
Oilify Cleared Of Infringement In Oil Field Product Patent Suit
A Texas federal court has granted a win to the designer and distributor of a device used to separate gas and solids from oil collection in a suit accusing them of infringing a trio of patents.
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May 14, 2025
Tripwire Moves To End Explosives Suit Over Licensing Issues
Tripwire South, its affiliate Tripwire Aviation and executive Ryan Morris urged a Pennsylvania federal court to dismiss Bizzell Corp.'s fraud and contract claims, arguing Bizzell's failure to obtain proper government licenses made delivery of military-grade explosives legally impossible.
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May 14, 2025
Aetna, Cigna Can't Nix Suit Over Late Emergency Benefit Bills
A Connecticut federal judge ruled Wednesday that Aetna and Cigna can't fully escape a suit from six air ambulance companies claiming the insurers owe $20 million in unpaid or late bills to cover emergency services, ruling they have the legal authority to seek the missing cash.
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May 14, 2025
2nd Circ. Has Tough Questions On Nixing Medical Imaging Award
The Second Circuit appeared divided on Wednesday on whether parties to a medical imaging joint venture could agree to designate New York courts to decide whether to vacate an arbitral award issued in Switzerland under their contract without violating an underlying treaty.
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May 14, 2025
Titanium Distributor Seeks Enforcement Of $3.6M Award
A North American distributor for one of the world's largest titanium manufacturers has petitioned a Colorado federal court to enforce a $3.6 million arbitral award it won against an Italian supplier on a breach of contract claim stemming from the Russian invasion of Ukraine.
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May 14, 2025
ITC To Probe Nokia Patent Claims Against Acer And Others
The ITC has voted to investigate a patent complaint by Nokia against Acer, Asus and Hisense after the telecom giant accused them of infringing its patents with their video-capable laptops, desktop computers, handheld computers, tablets, televisions, projectors and components and module products.
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May 14, 2025
Hydroponics Giant, Former Exec. Settle Firing Suit
A Michigan entrepreneur who claims a hydroponics giant improperly fired him and withheld at least $800,000 in executive compensation has agreed to a deal that will end his breach of contract lawsuit, with a Colorado federal judge signing off on the permanent dismissal on Wednesday.
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May 14, 2025
Zillow Settles StreetEasy Fees Suit With NY Real Estate Firm
Zillow has settled a proposed class action filed in Washington federal court by a New York real estate firm that accused the online real estate company of charging agents daily fees for listing properties on its StreetEasy platform, even after a listing agent's name was obscured online by another agent.
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May 14, 2025
Total Vision Reaches Deal Ending VSP Antitrust Case
Optometry practice owner Total Vision has reached an agreement to end its antitrust case accusing eye care insurance giant Vision Service Plan of requiring anticompetitive terms in its contracts before trying to force Total Vision to sell at a dramatically reduced price.
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May 14, 2025
Starbucks, Ex-VP Settle $830K Bonus Repayment Suit
Starbucks has struck a deal with a former senior vice president the company previously accused of failing to repay part of his $1 million signing bonus after he quit, according to filings in New Jersey federal court Tuesday.
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May 14, 2025
Biotech Firm Verax Tells Court Eviction Could End Company
Biotech company Verax Biomedical Inc. has said it faces the prospect of going out of business unless a Massachusetts judge agrees to block its landlord from proceeding with an eviction, at least through the end of its current lease.
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May 14, 2025
Walmart Hit With $223M Verdict In Trade Secrets Fight
An Arkansas federal jury has awarded Zest Labs Inc. nearly $223 million in a suit that had accused Walmart of swiping the startup's trade secrets related to shelf-freshness technology.
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May 14, 2025
Biogen Sues Ex-Collaborator Over Rights To Drug Tech
Biogen said its partner on a since-shelved Alzheimer's drug is trying to claim rights to an unrelated novel therapeutic that the Massachusetts company recently shared with the Swiss partner under a confidentiality agreement, according to a lawsuit filed Tuesday.
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May 13, 2025
Feds Challenge Montana Tribes' Full Police Funding Demand
The U.S. Department of the Interior is asking a federal court to deny two Montana tribes a summary judgment win in their challenge over inadequate police funding, arguing the agency has gone above and beyond what the Indian Self-Determination and Education Assistance Act requires for money allocations.
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May 13, 2025
Pot Payment Co. Wants Court To Enforce $1.3M Deal
A Boulder, Colorado, fintech company said its former business associates in a failed joint venture to create a cannabis payment system cannot be trusted to pay the $1.3 million settlement meant to end all claims of fraud, urging a Nevada federal court to step in and force them to follow through.
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May 13, 2025
X Says Elon Musk Can't Sit For Media Matters Deposition
X Corp. told a Texas federal judge that left-leaning watchdog Media Matters for America cannot make billionaire CEO Elon Musk sit for a deposition in X's disparagement suit, saying Musk lacks specific knowledge about the case and is "one of the busiest men on the planet."
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May 13, 2025
Kansas City Bank Fights Ex-Detainees' Debit Fee Case
A Kansas City, Missouri-based bank urged a Washington federal judge to dismiss a class action from former detainees who said they were hit with illegal card fees to get back money confiscated from them, arguing that the bank has made changes to comply with a federal electronic fund transfers law.
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May 13, 2025
Ski Resort Owner Offers Alternative Fixes After Antitrust Loss
A New York ski resort operator is offering alternative remedies for a state court to consider after it found the owner violated antitrust law by acquiring a rival ski operation and shutting it down, despite a call from enforcers for a sale of the property to another operator.
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May 13, 2025
Regeneron-Amgen Drug Bundling Trial Heads Toward Jury
An economics expert called by Amgen Inc. told a Delaware federal jury Tuesday that none of the company's deals to bundle other discounted major medications with its cholesterol-reducing drug Repatha foreclosed market competition, a day before jurors begin deliberating on an antitrust suit targeting the practice.
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May 13, 2025
Target Slapped With Class Action Over IPhone Warranties
Target Corp. is facing a proposed class action alleging it misled cellphone buyers about who is responsible for repairs, how much repairs cost and the warranty terms for its phones.
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May 13, 2025
Boeing Slams Defunct Airline's Sanctions Bid In 737 Max Spat
Boeing has fired back at defunct airline Comair's bid to get the major American aerospace company sanctioned for deleting evidence of a side letter that purportedly assured Comair that its deposit for the purchase of 737 Max jets was refundable, telling a Washington federal court that no such assurances were made in the nonexistent letter.
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May 13, 2025
WNBA's Connecticut Sun Put Up For Sale By Mohegan Tribe
The WNBA's Connecticut Sun, owned by a subsidiary of the Mohegan Tribe of southern Connecticut, are exploring a sale, Law360 has confirmed.
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May 13, 2025
Pa. Justices Question Ruling Over Verizon's Utility Pole Rents
Some justices on Pennsylvania's Supreme Court questioned Tuesday whether the state's Public Utility Commission skipped steps in declaring that electrical utility FirstEnergy was charging Verizon "unjust and unreasonable" rates to rent space on utility poles, since the decision appeared to rest mainly on federal price limits the state had adopted.
Expert Analysis
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Why Diversity Jurisdiction Poses Investment Fund Hurdles
Federal courts' continued application of the exacting rules of diversity jurisdiction presents particular challenges for investment funds, and in the absence of any near-term reform, those who manage such funds should take action to avoid diversity jurisdiction pitfalls, say attorneys at Sher Tremonte.
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Webuild Ruling Complicates Arb. Award Enforcement In US
A Delaware federal court's recent decision in Sociedad Concesionaria Metropolitana de Salud v. Webuild, if read literally, could undercut the United States' image as a proarbitration jurisdiction by complicating creditors' efforts to enforce awards against property in this country, says Jeff Newton at Omni Bridgeway.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Bristol-Myers Win Offers Lessons For Debt Security Holders
A New York federal judge's recent dismissal of a $6.4 billion lawsuit against Bristol-Myers Squibb, due to plaintiff UMB Bank's lack of standing, serves as an important reminder to debt security holders to obtain depositary proxies before pursuing litigation, say attorneys at Milbank.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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How To Avoid Risking Arbitration Award Confidentiality In NY
Though a Second Circuit decision last year seemed to create a confidentiality safe harbor for arbitration awards that had no ongoing compliance issues, a recent New York federal court ruling offers further guidance on the meaning of "ongoing compliance issues," says Matthew Iverson at Nelson Mullins.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Review Shipping Terms In Light Of These 3 Global Challenges
Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.
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Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'
A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.