Contractual Disputes

Stories on significant court battles, as well as both digests and stories on key court decisions that impact contract disputes.

New York Law Journal |Case Digests

Bhutan Int'l Festival Ltd. v. Eden Project

December 11, 2018

Festival Organizers' Claims Dismissed as Not Stated and for Lack of Jurisdiction
Daily Business Review |News

$53 Million Judgment Follows Retrial Before New Judge

Catherine Wilson | December 10, 2018

Most Effective Lawyers: Complex/business litigation — Attorneys for Miami-Dade County's toll-by-plate operator won two trials but face another appeal.
Texas Lawyer |Case Digests

Safeco Insurance v. Clear Vision

December 10, 2018

This case concerns waiver of anti-assignment clauses in insurance policies.
Texas Lawyer |Case Digests

Tri Stem v. City Of Houston

December 10, 2018

In this breach-of-contract case, Tri-Stem appealed from a summary judgment granted in favor of the City of Houston.
Texas Lawyer |Case Digests

HMT Tank v. American Tank

December 10, 2018

HMT sought a declaration that they did not owe defense or indemnity to ATV for ATV's potential liability to a third party.
The Legal Intelligencer |Case Digests

Goldstein v. Am. States Ins. Co.

December 10, 2018

Defendant insurer's motion to sever and stay plaintiffs' bad faith claim denied where bifurcation would not serve interests of judicial economy and where court could address concerns of jury considering irrelevant and/or prejudicial evidence in resolving breach of contract claim. Defendant's motion to sever and stay denied.
Connecticut Law Tribune |Case Digests

Bugajski v. Construction For You, LLC

December 10, 2018

Recommendation of Contractor Does Not Constitute Agreement to Act As Surety for Contractor's Performance
Connecticut Law Tribune |Case Digests

Brignole Vineyards, LLC v. A. Aiudi & Sons, LLC

December 10, 2018

Court Grants Motion to Strike Crossclaims in Indemnity Dispute Between Contractor and Subcontractor Facing Suit by Vineyard Owner
Connecticut Law Tribune |Case Digests

AT&T Corp. v. From You Flowers, LLC

December 10, 2018

Court Orders AT&T to File Affidavit to Establish Existence of Diversity Jurisdiction in Payment Dispute
Litigation Daily |Q&A

Litigator of the Week: Striking a Blow for Arbitration Fairness—and Jay-Z

Jenna Greene | December 07, 2018

Our Litigator of the Week is Quinn Emanuel Urquhart & Sullivan partner Alex Spiro, recognized for his work in a case that involves lack of diversity in the legal profession, mandatory arbitration—and Jay-Z.
New Jersey Law Journal |Case Digests

Kelleher v. PMD Enterprises, Inc.

December 07, 2018

In this breach of contract case, the defendants appealed from an order that was entered on remand, which granted summary judgment to the plaintiffs, and an order that awarded counsel fees, costs, and prejudgment interest in the plaintiff's favor.
New Jersey Law Journal |Case Digests

Kean v. Intown Inv. Group, LLC

December 07, 2018

Defendants appealed the judgment against them in plaintiff's action alleging fraud in the inducement, breach of contract, breach of fiduciary duty, conversion and violation of the New Jersey Uniform Securities Law and plaintiff cross-appealed the denial of his NJUSL claim.
New York Law Journal |Analysis

NY Employers May Be Able to Enforce Restrictive Covenants Against California Employees

Sean E. O'Donnell and Patrick Johnson | December 06, 2018

The Delaware Court of Chancery recently found that California's policy against non-competes is not so fundamental when the employee is represented by counsel and knowingly bargains away such protections—seemingly opening the door for employers to enforce non-compete covenants against California employees.
Litigation Daily |Commentary

Daily Dicta: Delaware Showdown Pits Litigators from Cravath Against Paul Weiss in the M&A Fight Everyone Is Watching

Jenna Greene | December 06, 2018

The five Delaware Supreme Court justices did little to tip their hand, but the chief justice pressed Cravath's Daniel Slifkin hardest on his client Akorn's regulatory problems with the Food and Drug Administration.
New Jersey Law Journal |Case Digests

Frank K. Cooper Real Estate #1, Inc. v. Cendant Corp.

December 06, 2018

Law firms appealed the arbitration award resolving their dispute over the apportionment of $11 million in attorney fees awarded in a class action settlement.
The Recorder |News

Uber and Former Employees Trade Jabs in New Suit That Hearkens Back to 'Waymo v Uber'

Ross Todd | December 05, 2018

A lawyer for four former Uber employees who are in the company's legal crosshairs claims in court papers that his clients have "information that would be problematic for Uber's image-cleansing campaign if revealed."
Delaware Business Court Insider |News

Health Care Firm Says 'Adverse Change' Allows It to Walk Away From $4.3B Acquisition

Tom McParland | December 05, 2018

An attorney for Fresenius SE & Co. on Wednesday defended a landmark Chancery Court ruling that allowed the German health care firm to walk away from its $4.3 billion deal to buy generic drugmaker Akorn Inc. based on a material adverse change in Akorn's business, saying the decision was well-rooted in evidence presented during an expedited trial.
Legaltech News |Commentary

Mediators Need to Become 'Bilingual' to Resolve Smart Contracts

Daniel B. Garrie, JAMS | December 05, 2018

Even 'run-of-the-mill' contract disputes involving smart contract transactions involve a lot of technical baggage a neutral must be able to unpack. This means the neutral must be bilingual, fluent in both English (the law) and Computer Code (the technology).
The Recorder |Analysis

Tenants Sued Landlord Over Missing Smoke Detectors. Its Insurer Did Not Have To Defend Because There Were Missing Smoke Detectors.

Steven A. Meyerowitz, Esq., Director, FC&S Legal | December 05, 2018

An appellate court in California has ruled that the owner of an apartment building sued by tenants for missing or inoperable smoke detectors was not entitled to a defense of the lawsuit from its insurer.
New Jersey Law Journal |Case Digests

Svigals v. Lourdes Imaging Associates

December 04, 2018

The case concerned a shareholder suit by a minority shareholder in a closely held business.
The Legal Intelligencer |Case Digests

In re McGraw-Hill Global Educ. Holdings, LLC

December 04, 2018

In a mandamus action, one district court erred in finding that a photographer bringing a copyright action was bound by a forum selection clause in the agreements between the photo agency and petitioner publisher even though photographer was not a signatory to those agreements because the photographer was not an intended third-party beneficiary of the agreements and was not bound under the closely related parties doctrine but the error did not meet the clear and indisputable abuse of discretion standard. Writ denied.
The Legal Intelligencer |Case Digests

Dempsey Uniform & Linen Supply, Inc. v. Sustus, LLC

December 04, 2018

The parties were required to submit their contract dispute to final and binding arbitration before a single arbitrator where the clear and unambiguous language of their contract provided for arbitration pursuant to the 1980 Pennsylvania Uniform Arbitration Act. The court sustained defendant's preliminary objection.
New York Law Journal |News

Lawsuits Bring Mixed Results In Law Firms' Quest for Fees

Christine Simmons | December 03, 2018

Recent rulings highlight one reason law firms hesitate to sue clients for unpaid legal fees: Judges don't always enforce the bills.
Texas Lawyer |Case Digests

First Bank v. Brumitt

December 03, 2018

Appellee Brumitt, the owner of a company that tried to sell its stock to another company, sued First Bank, the would-be buyer's bank, asserting claims for breach of contract as an alleged third-party beneficiary and negligent misrepresentation.
Connecticut Law Tribune |Case Digests

Claridge Assoc., LLC v. Pursuit Partners, LLC

December 03, 2018

Trial Court Precluded Introduction of Evidence Regarding Previously Determined Issues
Connecticut Law Tribune |Case Digests

Pressman v. Purcell

December 03, 2018

Court Grants in Part and Denies in Part Motions to Dismiss by Third-Party Defendants in Dispute Over Obligations of Corporate Entities to Mistress of Controlling Member
New York Law Journal |Case Digests

Cox v. Spirit Airlines Inc.

November 30, 2018

Breach, Fraud Claims Over Carry-On Baggage Fee Preempted by Airline Deregulation Act
New York Law Journal |Case Digests

Patti v. Corso

November 29, 2018

Plaintiff Makes Required Showing for Summary Judgment on Liability on Promissory Notes
New York Law Journal |Case Digests

Nelson v. AJB Taxi Mgmt

November 29, 2018

Taxi Driver Fails to Show Existence of Issues Requiring Trial on Contract Breach Claim
New York Law Journal |Case Digests

Citibank NA v. Walhrich Grp.

November 29, 2018

Documents Did Not Conclusively Show Ex-Co-Executor Unauthorized to Pledge Collateral
New York Law Journal |Case Digests

Zazzarino v. 13-21 E. 22nd St. Residence Corp.

November 29, 2018

Proposed Buyer Fails to Set Forth Factual Allegations of Agreement With Co-op to Buy Unit
New York Law Journal |News

Second Circuit Joins Sister Circuits' Ambiguous Arbitration Award Exception

Colby Hamilton | November 28, 2018

The appellate court joined five other circuits in providing arbitrators the ability to clarify awards should a dispute arise over ambiguous language.
Delaware Law Weekly |Case Digests

Wenske v. Blue Bell Creameries, Inc.

November 28, 2018

Plaintiffs failed to allege sufficient facts to rebut the presumption of corporate separateness between a parent company and its subsidiary, and their conclusory allegations did not support theories for piercing the corporate veil or joint venture liability.
New York Law Journal |Case Digests

Impax Labs. Inc. v. Turing Pharm. AG

November 27, 2018

Drug Firm Wins Judgment on Failure to Reimburse Medicaid Liability From Jan. 2016
New York Law Journal |Case Digests

Ove Arup & Partners PC v. 130-134 Holdings LLC

November 27, 2018

Contract Breach Claim Against Individual Defendants in Complaint Against LLC Dismissed
New Jersey Law Journal |Case Digests

Coddington Cmtys., LLC v. McDonfen, LLC

November 27, 2018

The defendant, Karl Fenske, appealed from a judgment that required him to pay the plaintiff unreturned deposit money from a failed real estate deal.
The Recorder |Case Digests

John Russo Industrial Sheetmetal, Inc. v. City of Los Angeles Department of Airports

November 27, 2018

Defendant can be deemed prevailing party as to claim under California False Claims Act despite failure to prevail on plaintiff's other claims
New York Law Journal |Case Digests

N.Y. Cardiothoracic Surgeons P.C. v. Brevetti

November 26, 2018

Surgeon Who Establishes Breach of Contract Is Entitled to Unpaid Wages
Texas Lawyer |Case Digests

M&M Resources v. DSTJ LLP

November 26, 2018

In the underlying lawsuit, which is both factually and procedurally complex, Appellants, M&M Resources, Inc. ("M&M") and Energy Land Resources ("ELR"), claimed to seek a determination of superior title to mineral estates, which could only have been pursued as a trespass to try title action.
Connecticut Law Tribune |Case Digests

M. Silva Construction, LLC v. Young Men's Christian Ass'n of Greenwich

November 26, 2018

Project Owner's Good Faith Payment to General Contractor Precluded Foreclosure of Subcontractor's Mechanic's Lien
The Recorder |Case Digests

Professional Tax Appeal v. Kennedy-Wilson Holdings, Inc.

November 26, 2018

Allegation that defendants knowingly retained benefits of plaintiff's services without payment sufficed to state claim for unjust enrichment
Connecticut Law Tribune |Case Digests

Perron v. Estuary Transit Dist.

November 26, 2018

Motion To Dismiss In Employee Dispute Granted On Federal Counts, But Dismissed Without Prejudice On State Claim
Connecticut Law Tribune |Case Digests

Houlihan v. Safeco Ins. Co. of Am.

November 26, 2018

Motion To Dismiss In Basement Wall Cracking Case Granted As "Collapse" Not Ambiguous
New York Law Journal |Case Digests

Darling Capital LLC v. Newgioco Grp. Inc.

November 23, 2018

Firm Denied Receiver Entitled to Legal Fees Only for Motion to Compel Interrogatories
New York Law Journal |News

After Decades of Expansion, Palm Restaurant's IP Licensing Suit Leads to $120M Judgment, Fractured Family

Jason Grant | November 21, 2018

In 2012, the Palm's prized intellectual property—its trademarks, service marks and design elements, including its robust menu and caricature-filled walls—became the fighting ground for a legal dispute between long-connected families. Now, an important state Supreme Court bench trial decision has settled the dispute, at least for the time being.
Litigation Daily |News

In Fight Over Palm Restaurant IP Licensing, a $120M Judgment--and a Fractured Family

Jason Grant | November 21, 2018

In 2012, the Palm's prized intellectual property—its trademarks, service marks and design elements, including its robust menu and caricature-filled walls—became the fighting ground for a legal dispute between long-connected families. Now, an important state Supreme Court bench trial decision has settled the dispute, at least for the time being.
New York Law Journal |Case Digests

Miller v. Metro. Life Ins. Co.

November 21, 2018

SLUSA Precludes Fraud Claims Against Insurer Over Misclassification, Higher Premiums
New York Law Journal |Case Digests

Angelo A. Ferrara, Respondent, v. Peaches Cafe LLC, et al., Defendants, COR Ridge Road Company, LLC, &c., Appellant.

November 21, 2018

Ferrara v. Peaches Cafe
Delaware Law Weekly |Case Digests

SARN Energy LLC v. Tatra Defence Vehicle A.S.

November 21, 2018

Defendant adequately alleged its breach of contract counterclaims, but it failed to state a viable claim for fraud and matters relating to alter ego liability had to be filed in another court.
The Legal Intelligencer |Commentary

What the Fleetwood Mac Case Can Tell You About Pa. Partnerships

Andrew J. DeFalco | November 20, 2018

It's official. The remaining major members of the renowned rock and roll band Fleetwood Mac, Mick Fleetwood, Stevie Nicks, Christine McVie and John McVie, have gone their own way from bandmate Lindsey Buckingham.
The Legal Intelligencer |Case Digests

Dempsey Uniform & Linen Supply, Inc. v. Sustus, LLC

November 20, 2018

An arbitration clause in the parties' agreement required them to submit their dispute to arbitration, so the court sustained defendant's preliminary objection and ordered the parties to submit to binding arbitration.
The Legal Intelligencer |Case Digests

DVC Philly Roro Partners, LLC v. McHugh

November 20, 2018

The individual plaintiff could not maintain an intentional interference with contractual relations claim in his individual capacity against defendants where he admitted that defendants intentionally interfered only with the business opportunities of the brokering firm he founded and managed. The court sustained defendants' preliminary objection.
Delaware Business Court Insider |News

Spacecraft Builder Appeals Del. Ruling Upholding $4M Award in Contract Case

Tom McParland | November 19, 2018

Moon Express said last week in court papers that it was challenging the Oct. 15 decision from U.S. Chief Judge Leonard P. Stark.
The Legal Intelligencer |Commentary

What Must Parties Understand When Agreeing to Arbitrate?

Abraham J. Gafni | November 19, 2018

Parties generally give careful attention to the substantive provisions of an agreement. Dispute resolution provisions, however, are often included at the end of the negotiation as an afterthought.
Connecticut Law Tribune |Case Digests

Pleasant Beginnings, LLC v. Campisi

November 19, 2018

Contractor Prevailed Against Homeowners on Unjust Enrichment Claim
New Jersey Law Journal |Case Digests

Trenk, Dipasquale, Della Fera & Sodono, PC v. Indus. Urban Corp.

November 19, 2018

Defendants appealed the award of legal fees and interest to plaintiff law firm.
The Recorder |Case Digests

SI 59 LLC v. Variel Warner Ventures, LLC

November 19, 2018

Claims of fraud did not preclude general release's enforcement as to prior acts
The Legal Intelligencer |News

Ruling in Favor of Insurer Reversed in Garage Fire Case

P.J. D'Annunzio | November 15, 2018

The Pennsylvania Superior Court has reversed a finding that the owners of a garage were contributorily negligent in the case of a fire that destroyed the structure, ultimately putting the insurance company on the hook for damages.
New York Law Journal |News

Court Voids Lease Provision Imposing Fees on Tenant in Landlord Default

Jason Grant | November 15, 2018

The panel wrote that “an attorneys' fees provision which provides that the tenant must pay attorneys' fees if it commences an action against the landlord based upon the default of the landlord is unconscionable and unenforceable."
The Legal Intelligencer |News

Court Upholds $1M Verdict Against Coal Company for Breach of Settlement

Zack Needles | November 15, 2018

The Pennsylvania Superior Court has affirmed a Washington County jury's $1 million award—plus prejudgment interest—to a pair of landowners who argued that Consol Pennsylvania Coal Co. breached the terms of a settlement agreement between the parties in a quiet title action.
Daily Business Review |Commentary

Questions to Consider Before Entering Into Your Next Business Contract

Kelly A. Schulz | November 13, 2018

It seems axiomatic that one must plan ahead when entering into a business contract, but too often contracting parties overlook the basics which could become the focus of a future contract dispute.
New Jersey Law Journal |News

Fee-Sharing Agreement Between Personal Injury Firms Ends in Litigation

Charles Toutant | November 12, 2018

The Fort Lee law firm claims Seigel Law breached a 2010 written case-sharing agreement, which called for the Lee firm to receive up to 30 percent of legal fees collected.
New York Law Journal |

Arbitration: New Limits on the Horizon?

Rex S. Heinke, Jessica M. Weisel and Douglass B. Maynard | November 09, 2018

The current term sees the court facing a set of cases which focus on the types of claims that can be litigated in arbitration and the relative powers of arbitrators and judges. In three cases that already have been argued, the court may limit the scope and authority of arbitrators.
New York Law Journal |

You Can't Unring the Bell: Costly Waivers in LLC Operating Agreements

Laura A. Colca and Ryan W. McNagny | November 09, 2018

In a recent decision, the Delaware Court of Chancery reaffirmed the policy of Delaware and many other states, including New York, of enforcing broad contractual waivers of fiduciary duties and demonstrated the importance of carefully negotiating contractual rights and obligations when forming or investing in a limited liability company.
New York Law Journal |Analysis

Can a Release in a Stock Purchase Agreement Preclude Claims Under a Software License?

Richard Raysman and Peter Brown | November 09, 2018

In their Technology Law column, Richard Raysman and Peter Brown discuss 'Cyprus Grp. Holdings v. Onex', an opinion which dealt with a variety of issues in contract law, including the construction of a release provision in the context of a stock acquisition, the interpretation of forward-looking and ambiguous software license provisions, and whether two breach of contract and indemnity claims are sufficiently similar that if one is precluded by a release, so too is necessarily the other.
Delaware Business Court Insider |News

Del. Supreme Court Vacates $17M Judgment in Contract Dispute Over 'Metal Cards'

Tom McParland | November 08, 2018

A three-judge panel of the high court said that CompoSecure would have another chance to argue that its contract with CardUX was void and unenforceable under New Jersey law.
Litigation Daily |Commentary

Daily Dicta: Nothing Like a Fight Over Dinosaur Bones to Put Things in Perspective

Jenna Greene | November 07, 2018

How often does a judge get to decide an issue of first impression from the Mesozoic Era?
Litigation Daily |Commentary

Daily Dicta: Skadden Lawyers Keep Winning These Cases (But I Wish They Wouldn't)

Jenna Greene | November 06, 2018

The litigation concerns roof shingles—a decidedly un-sexy product. But the underlying issue is a hot one: what constitutes a valid arbitration agreement?
The Legal Intelligencer |

Widow of Philadelphia Magazine Publisher Says She Was Stiffed on Husband's Death Benefits

Charles Toutant | November 05, 2018

Carol Lipson claims that her husband's publishing company, Metro Corp., has failed to pay her a $1 million benefit, in breach of a 1997 agreement he signed calling for the company to pay her that sum on his death. In addition, a 1997 prenuptial agreement between the Lipsons calls for his estate to pay her another $600,000 on his death, but the estate has refused, her suit claims.
New Jersey Law Journal |News

Widow of Metro Corp. Magazine Publisher Says She Was Stiffed on Husband's Death Benefits

Charles Toutant | November 05, 2018

Carol Lipson claims that her husband's publishing company, Metro Corp., has failed to pay her a $1 million benefit, in breach of a 1997 agreement he signed calling for the company to pay her that sum on his death. In addition, a 1997 prenuptial agreement between the Lipsons calls for his estate to pay her another $600,000 on his death, but the estate has refused, her suit claims.
New Jersey Law Journal |News

Judge Rejects Heartland Payment Systems' Motion to Dismiss Ex-Employee's Suit Challenging Nonsolicitation Provisions

Charles Toutant | November 05, 2018

Heartland Payment Systems said the case presented no actual controversy because its former employee, Lawrence Bradfield, said he did not intend to violate the nonsolicitation provisions. But the judge said that Heartland's stance conflicts with its stated intention to hold Bradfield accountable to the restrictive covenants.
The Legal Intelligencer |News

'Reckless Indifference' but No Punitives in Lawsuit Over LLC's Membership Buyout

Zack Needles | November 01, 2018

The Pennsylvania Superior Court will not disturb a lower court's ruling that awarded compensatory damages but denied punitive damages to a plaintiff whose former co-owners in a public utility consulting firm fired him and bought out his membership share for a fraction of its value.
Litigation Daily |Commentary

Daily Dicta: Mintz Lawyers (Luxury) Expenses under the Microscope

Jenna Greene | November 01, 2018

Normally, what expenses a client will—or won't—pay for is a private matter between the law firm and the client. But this case is different.
The American Lawyer |News

Billionaire Ex-Client Can Retrieve File From Boies Schiller But Must Put Up $860K

Scott Flaherty | October 31, 2018

Billionaire Alex Shnaider will be able to collect a client file from his former lawyers at Boies Schiller, but—for now, at least—it'll cost him.
The Recorder |News

Keker Team Wins Arbitration, Forcing Warriors to Pay for Oracle Arena Renovations

Ross Todd | October 29, 2018

An arbitrator found that the Bay Area's NBA team, which is set to decamp from Oakland to new digs in San Francisco next season, must continue to pay debts incurred in the mid-90s to renovate its current home, Oracle Arena.
The Recorder |News

Cincinnati Zoo Sues for Return of Koko's Companion

Ross Todd | October 26, 2018

The Cincinnati Zoo loaned the male gorilla Ndume to The Gorilla Foundation in 1991 in hopes of breeding him with Koko, the Western Lowland Gorilla famous for learning sign language. Since Koko died in June, the zoo claims the Redwood City-based animal sanctuary has reneged on an agreement to return Ndume.
The Recorder |News

Russian Telecom Sues Hewlett Packard Enterprise Over 'Cascading Catastrophic Failures' in Network Upgrade

Ross Todd | October 24, 2018

At no time did HPE disclose that it would be largely building the system for MegaFon from scratch. Nor did HPE disclose that it had never previously built such a system," the Russian company's lawyers at Winston & Strawn wrote. "Had MegaFon known the truth, it would not have selected HPE.
New York Law Journal |

In TV Rights Agreements, Attention Needs to be Paid to Holdback, Reversion, and Derivative Works Provisions

Michael I. Rudell and Neil J. Rosini | October 24, 2018

Entertainment Law columnists Michael I. Rudell and Neil J. Rosini write: Much press is given to the compensation aspects of the creators' agreements with exhibitors, but attention also should be paid to the extent and duration of the exhibitor's exclusivity in the property in which rights are being acquired, including holdback provisions, reversion of rights, and the right to produce derivative spinoffs, sequels and other derivative works.
The Legal Intelligencer |Commentary

Losing the Right to Arbitrate by Waiving the Right to Arbitrate

Charles F. Forer | October 22, 2018

Bob had his client's orders: “Don't make life easy for the other side. Make them earn their right to arbitrate their claims.” This looked like an easy assignment because Bob thought he had valid grounds to be a stickler here.
Daily Business Review |

Miami Attorneys Win Jurisdictional Row Over $2.7 Million Bank Account

Zach Schlein | October 19, 2018

Florida's Third District Court of Appeal ruled that a Miami-Dade trial court erred in its decision to deny a Brazilian bank representative's motion to dismiss a fraud complaint in a case that hinged on forum selection.
New Jersey Law Journal |News

Jenny Craig Arbitration Agreement Voided for Failure to Designate Forum, Process

Jason Grant | October 18, 2018

“The process is important because the rights associated with arbitration forums differ depending on which is chosen, or how the arbitral process is defined,” Judge Douglas Fasciale wrote. “Here, the agreement ignored the subject altogether.”
Delaware Business Court Insider |News

Del. Judge Upholds $4M Award Over Spacecraft Tech Contract

Tom McParland | October 16, 2018

U.S. District Chief Judge Leonard P. Stark of the District of Delaware on Monday declined to roll back the Jan. 12 verdict, which awarded Intuitive Machines cash and equity in Moon Express Inc. as a result of Moon Express' failure to complete work on the software underpinning its project.
New York Law Journal |News

Former Big Apple Circus Exec Claims Firing Was Breach of Contract

Colby Hamilton | October 15, 2018

Larry Solheim claims he used his standing in the circus world to help he and a group of investors win the bid to take over the failing Big Apple Circus—only to have them fire him and his wife not long after with no prior warning.
Litigation Daily |Commentary

Daily Dicta: It's Quinn Emanuel v. Williams & Connolly in Minnesota Mega-Trial

Jenna Greene | October 15, 2018

The allegations are a variation on a familiar theme: Loosey-goosey mortgages and shoddy underwriting led to mass defaults and foreclosures. What's left is a tangled set of claims with hundreds of millions of dollars on the line.
Litigation Daily |Q&A

Litigators of the Week: Opening a New Door in Private Antitrust Enforcement

Jenna Greene | October 12, 2018

No private merger challenge has gone to before a jury—until now. And no judge in such a private action has ordered a divestiture as a remedy to restore competition—until now.
New Jersey Law Journal |News

Disbarred NJ Lawyer's Malpractice Suit Against Former Counsel Rightly Tossed, Court Says

Michael Booth | October 10, 2018

Defendants did not commit malpractice," the panel said. "Because this is merely a fee dispute, defendants did not breach a fiduciary duty.
New York Law Journal |Analysis

Pay When Paid, Limits and Limitations

Adam Leitman Bailey and Dov Treiman | October 09, 2018

Adam Leitman Bailey and Dov Treiman discuss “Pay-if-Paid” clauses in construction contracts and write: “Like many jurisdictions across the United States, New York outlaws Pay-If-Paid clauses, but, in New York's case, only indirectly.”
The Recorder |News

Courts Upholds $335K Award Against Manatt in Recruiter Suit

Christine Simmons | October 08, 2018

The recent decision by the California Court of Appeal and a decision in a separate case in New York show that courts are continuing to enforce recruiter contracts with firms, even if they are oral or do not include a signature.
Daily Business Review |

In Case of Jumping Horse Dud, Judge Backs Nominal Settlement Offers

Zach Schlein | October 08, 2018

West Palm Beach attorney Patricia Leonard says a ruling by U.S. District Judge Kenneth Marra sets "the appropriate standard" for nominal offers of judgment.
New Jersey Law Journal |News

Plaintiffs Drop SDNY Suit Opposing Rider University's Sale of Choir College

Charles Toutant | October 03, 2018

The plaintiffs sought to have the sale declared illegal, claiming it violated the terms of the merger agreement between Rider and Westminster.
The Recorder |News

In Gender Discrimination Suit, Ogletree and Ex-Partner Clash Over Firm's Arbitration Agreement

Ross Todd | October 03, 2018

Lawyers for a former non-equity shareholder at the national employment law firm claim that she never agreed to arbitrate disputes with the firm. Ogletree's lawyers say that as a "seasoned employment attorney," the plaintiff can't credibly argue that she did not understand the agreement or how to opt out of it.
Litigation Daily |Commentary

Daily Dicta: Paul Weiss Wins Rare Delaware Decision Allowing Client to Kill $4.8B Merger

Jenna Greene | October 03, 2018

Delaware courts don't normally look kindly on companies that try to pull out of billion-dollar merger agreements. But this case was "markedly different."
New Jersey Law Journal |

Justices Will Hear Auto Dealerships' Appeal of Ruling Denying Arbitration

Michael Booth | October 02, 2018

A three-judge Appellate Division panel in April overturned two lower court rulings that said the customers could be compelled to arbitrate their disputes.
The Recorder |News

Labor Filing Shows Sidley's Payday in Dispute Between Billy Hunter and NBPA

Brian Baxter | October 01, 2018

The firm received $3.43 million last year after representing Hunter in a lawsuit against the professional basketball players' union stemming from his 2013 ouster as its leader, according to the NBPA's annual financial filing with the U.S. Department of Labor.
New York Law Journal |News

2nd Circuit Upholds Dismissal of Ex-Fox News VP's Defamation Suit

Colby Hamilton | October 01, 2018

The panel's decision was just the beginning of the troubles for the appellant's attorney J.A. Sanchez-Dorta, who must now convince the panel not to level him with sanctions over the frivolous appeal.
Delaware Business Court Insider |News

Del. High Court Urged to Roll Back Chancery Order Limiting Use of Discovery

Tom McParland | September 26, 2018

An attorney for demolition and remediation services firm NCM Group Holdings on Wednesday asked the Delaware Supreme Court to roll back a Delaware Court of Chancery decision denying his client's attempt to modify a protective order so the company could pursue fraud claims out of state.
Daily Business Review |

Federal Jury Rules Against Ultra Music Festival in European Trademark Dispute

Zach Schlein | September 26, 2018

The festival was locked in litigation with Croatian company Adria MM Productions over the right to use the Ultra brand for similar events in Europe.
Daily Business Review |Commentary

Statute of Repose for Latent Construction Defects Extension Creates Increased Risk

Adam P. Handfinger and Nathalie Vergoulias | September 24, 2018

On March 23, Gov. Rick Scott approved House Bill 875, which amended Florida Statute Section 95.11(3)(c) by extending the Statute of Repose (the ultimate deadline to assert claims) for latent construction defect claims.
Daily Business Review |

West Palm Beach Golf Course Developer Owes Project Attorneys $185,000, Lawsuit Says

Lidia Dinkova | September 20, 2018

WPB Golf Links, the contractor picked to revitalize West Palm Beach's public golf course, faces a lawsuit from attorneys who claim they haven't been paid.
New York Law Journal |News

Charter Loses Bid to File 3rd Complaint Over Union Contract Row

Colby Hamilton | September 19, 2018

The cable company wanted to argue an attempt for new contract language related to the payment and benefits of subcontractors was unlawful, but U.S. District Judge Paul Gardephe ruled that the effort would be futile.
New York Law Journal |Analysis

Realty Law Digest

Scott E. Mollen | September 18, 2018

Scott E. Mollen, a partner at Herrick, Feinstein, discusses 'Sanjana v. King,' where the sellers were entitled to keep the deposit where the buyers failed to obtain a mortgage commitment and timely cancel the contract; '230 E. 48th St. LLC v. Campisi,' where the court found that by renting her stabilized apartment through Airbnb, the tenant “commercialized her apartment” and treated it as a de facto hotel; and 'E. Midtown Plaza Hous. Co. v. Gamble,' where the landlord established entitlement to summary judgment of possession of the subject apartment based on illegal use of the premises.
New York Law Journal |Analysis

No-Poaching and Non-Compete Provisions: Long-Time Practices Go Under the Microscope

Rupert M. Barkoff | September 17, 2018

Franchising columnist Rupert M. Barkoff discusses a new employment issue that is taking center stage—the subject of employee “poaching” in the franchising context.
Daily Report Online |Commentary

Arbitration Will Play a Critical Role in Blockchain Technology

Louise Ann Kelleher | September 17, 2018

No one is quite sure how the dispute resolution aspects of the blockchain will work. Enter arbitration.
New York Law Journal |News

Federal Judge Certifies Class of Filipino Nurses in Human Trafficking Case

Andrew Denney | September 13, 2018

A federal judge has certified a class of Filipino nurses who have brought human trafficking claims against New York's largest network of for-profit nursing homes who say they had to stay with the company or face getting hit with $25,000 lawsuits.
The Legal Intelligencer |Commentary

Breach of Contract Statute of Limitations as Applied to the 'Gist of the Action' Doctrine

Matthew B. Weisberg | September 13, 2018

In Coleman v. Duane Morris, 58 A.3d 833 (Pa. Super. 2012), the Superior Court precedentially established two causes arising from legal malpractice: negligence; and breach of contract.

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