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Commercial Contracts
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April 28, 2025
Conn. Insurer Dumped Agent For Raising Red Flags, Suit Says
A Connecticut insurance company terminated one of its agents in retaliation for his complaints about alleged illegal activity, including a concern that Allstate agents were using company log-in information "to pull Progressive quotes," according to a lawsuit in state court.
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April 28, 2025
'Chicken Soup' Parent, Investor Settle Mismanagement Suit
Chicken Soup for the Soul Holdings LLC has reached a settlement with a corporate investor that accused the Redbox owner and publisher of self-help books of mismanagement prior to a subsidiary's Chapter 7 liquidation.
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April 25, 2025
Sutter Health To Pay $228M In Years-Old Antitrust Suit
A class of millions of health insurance premium payors asked a California federal judge Friday to greenlight an eleventh-hour $228.5 million settlement resolving their long-running claims that hospital chain Sutter Health drives up costs by pushing all-or-nothing network deals on insurers.
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April 25, 2025
Calif. Justices Say Sauce Cos. Can't Cap Willful Injury Liability
The California Supreme Court held Thursday that New England Country Foods can seek unlimited damages against a competitor for allegedly stealing its barbecue sauce recipe, answering a certified question from the Ninth Circuit that a contract provision between the companies restricting liability for willful injury is unenforceable.
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April 25, 2025
Mondelez Says Ghost Can't Use Sour Patch, Other Snack TMs
Two Mondelez International subsidiaries have filed suit in Illinois to halt Ghost LLC's marketing of energy products that feature Sour Patch Kids, Oreo and certain other iconic snack brand trademarks, claiming Ghost's license to do so ended when Keurig Dr. Pepper began controlling the company.
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April 25, 2025
Record Cos. Say Houston Rapper Can't Support 'Still Tippin'' Suit
A pair of record companies accused of ripping off the unofficial Houston anthem "Still Tippin'" urged a federal court Friday to dismiss the lawsuit, writing that the rapper behind the song hasn't alleged a "plausible claim."
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April 25, 2025
Off The Bench: NIL Deal Drama, Oakley v. MSG, Transfer Rules
In this week's Off The Bench, the landmark $2.78 billion settlement to compensate college athletes hits a snag, a former New York Knick's assault case against Madison Square Garden may be on shaky ground, and Vanderbilt University's quarterback fights to protect his successful challenge against the NCAA's eligibility rules.
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April 25, 2025
Feds Accused Of Illegal Education Data Collection Rollback
The Department of Education is defying congressional mandates requiring the collection and analysis of national education data, including by canceling $900 million in data maintenance and collection contracts, educational organizations said in a lawsuit filed in Washington, D.C., federal court.
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April 25, 2025
Ƶ Plans Exit From Auto Finance Suit, Leaving It To NY
The Consumer Financial Protection Bureau has moved to withdraw from a predatory lending lawsuit it brought jointly with the state of New York against subprime auto lender Credit Acceptance Corp., marking another pullback in a series of enforcement retreats by the agency.
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April 25, 2025
Manufactured Home Finance Biz Faces New 'Risky Loan' Suit
After the Consumer Financial Protection Bureau walked away from a similar case earlier this year, a proposed class action in Tennessee federal court accuses a Berkshire Hathaway-owned company of signing up customers for loans they couldn't afford for manufactured homes typically built and sold by an affiliate.
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April 25, 2025
Calif. High Court Wants Answers On Bar Exam AI Use
Days after the State Bar of California revealed it utilized artificial intelligence to develop some questions included in its embattled February 2025 exam, the state's Supreme Court released a statement demanding the bar association provide additional details.
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April 25, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen pub operator Stonegate sue insurance broker Marsh, a human rights lawyer sued for defamation by Russian businessman Ovik Mkrtchyan, and British toy-maker The Character Group reignite an employment dispute with a former finance director. Here, Law360 looks at these and other new claims in the U.K.
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April 24, 2025
Judge Won't Halt Auction Over Unpaid SPAC Finder's Fee
A Florida federal judge denied a cloud company's request to halt an auction of its assets to collect a $2.4 million debt, finding that iCoreConnect failed to show it would likely win claims that PIGI Solutions LLC acted as an unregistered broker-dealer when advising on its merger with a blank check company.
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April 24, 2025
Funds Manager Raided Coffers Before Ouster, Court Told
A Texas appeals court on Thursday questioned whether multiple commercial real estate funds had taken a vote before ousting a former manager accused of helping himself to company accounts, asking during oral arguments if the funds had followed correct procedures.
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April 24, 2025
Automaker Group Sues Wash. Over New Biz Licensing Regs
An auto industry trade group is urging a federal judge in Washington state to strike down recent changes to state business licensing regulations, saying the amendments put manufacturers at risk of penalties for following longstanding federal law on vehicle windshield labels.
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April 24, 2025
Ex-Curaleaf Director Escapes Suit Over Info Sharing, For Now
A Colorado federal judge dismissed, for now, allegations that the former operations director of Curaleaf Inc. violated a confidentiality agreement and shared information with a onetime business partner, ruling Thursday the court lacked jurisdiction since the defendant didn't live in the state, rarely traveled to the state and worked remotely.
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April 24, 2025
Insurer Says No Coverage For Nursing Home Negligence Deal
An insurer shouldn't have to pay for a settlement that a healthcare management company reached following a nearly $3.3 million jury verdict in an underlying nursing home negligence suit, the carrier told a Washington federal court, saying the company settled without its consent.
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April 24, 2025
Blue Cross Says It Never Had $7M Contract With Pa. Lab
Blue Cross Blue Shield of Texas asked a court Wednesday to dismiss a $7 million lawsuit brought by a Pennsylvania lab, writing that the company's attempt to replead its case "misses the mark."
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April 24, 2025
4th Circ. Won't Rehear Health Data Access Order Challenge
The Fourth Circuit has declined an electronic medical records firm's request for the appellate court to rethink a panel's decision to dismiss its appeal of an order forcing the company to let a nursing data business access its patient information.
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April 24, 2025
Red Sox TV Network Wins Civil Judgment In Fraud Suit
The regional cable channel that broadcasts Boston Red Sox and Bruins games has obtained a civil judgment against a former executive who was convicted of embezzling nearly $600,000 through a billing fraud scheme.
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April 24, 2025
Appeal Fast-Tracked In Feud Over Use Of Ex-Atty's Name
The Second Circuit has fast-tracked an appeal by a Connecticut attorney who lost a lawsuit over his former law firm's alleged unauthorized use of his name and likeness after his firing.
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April 23, 2025
California Bar Says It Used AI To Craft Some Exam Questions
The State Bar of California used artificial intelligence to develop certain multiple-choice questions that were included in the February exam, a revelation that left one law school assistant dean "shocked" and a move that the state bar said was "not clearly communicated" to its own leadership.
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April 23, 2025
Equipment Rental Industry Facing Algorithmic Pricing Claims
The construction equipment rental industry is the latest to face claims of algorithmic collusion, with several suits filed in the last few weeks accusing United Rentals, Herc, The Home Depot and others of using the same third-party service to set prices.
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April 23, 2025
Curaleaf Sues Ex-VP For Alleged Breach Of Noncompete
Cannabis company Curaleaf sued a former executive in Florida federal court Wednesday, alleging she breached her employment agreement and may have shared confidential information when she jumped ship to competitor Jushi.
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April 23, 2025
Fla. Panel Reverses Promoter's $1M Award Against Pro Boxer
A Florida appeals court on Wednesday reversed a $1.45 million judgment against professional Mexican boxer Saul "Canelo" Alvarez, finding that the award for Alvarez's former promoter — who claimed he was owed part of Alvarez's earnings — was not based on competent substantial evidence.
Expert Analysis
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Navigating Fla.'s Shorter Construction Defect Claim Window
In light of recent legislation reducing the amount of time Florida homeowners have to bring construction defect claims, homeowners should be sure to understand their rights and responsibilities regarding maintenance, repairs and inspections set forth in developer-drafted documents, say Brian Tannenbaum and Nicholas Vargo at Ball Janik.
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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.