Contractual Disputes

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

The Legal Intelligencer |News

Ruling That Reinsurers Can Owe Defense Costs Beyond Policy Limits Stands

Zack Needles | August 16, 2018

The Pennsylvania Supreme Court will not disturb a first-impression ruling by the state Superior Court that, unless explicitly stated otherwise, a reinsurer's policy limit does not cap defense costs.
Litigation Daily |News

Daily Dicta: Netflix and Chill, Willkie Farr Style

Jenna Greene | August 16, 2018

A Willkie Farr team led by Antonio Yanez, Jr. was tapped by film studio Relativity Media in $75 million dispute with Netflix--and trial was in 27 days.
New York Law Journal |News

Omarosa's Florida Lawyer Takes to Twitter in Feud With Trump Campaign

Raychel Lean | August 15, 2018

Former White House employee Omarosa Manigault Newman is assembling a team of lawyers to fight the Trump campaign's allegations that she violated a nondisclosure agreement when she released an audio tape of her firing.
Litigation Daily |News

Daily Dicta: Tinder Founders Swipe Right on Gibson Dunn's Orin Snyder in $2B Suit

Jenna Greene | August 15, 2018

In a New York State Supreme Court lawsuit, Tinder co-founders and key employees allege that the parent companies manipulated financial information to undercut the value of their stock options.
New York Law Journal |Case Digests

Fuller Landau Advisory Servs. Inc. v Gerber Finance Inc.

August 15, 2018

Fee Agreement Not Breached by Nonpayment of 'Success Fee' Based on Guaranteed Debt's Value
Delaware Law Weekly |Case Digests

In re Oxbow Carbon LLC Unitholder Litigation

August 15, 2018

Where a party disrupted and delayed an exit sale, the court awarded both the remedies of specific performance and compensatory damages.
New Jersey Law Journal |Case Digests

Joan Frances Luciano Irrevocable Trust v. Waste Mgmt., Inc.

August 15, 2018

Both the plaintiffs and the defendants appealed from an order that dismissed their claims against each other.
New York Law Journal |Case Digests

Arcadia Aviation PHF LLC v. Aero-Smith Inc.

August 14, 2018

Parties' Agreement Allowed for Arbitrator's Departure From Rules to Promote Fairness
New York Law Journal |Case Digests

Narayanan v. Sutherland Global Holdings Inc.

August 14, 2018

Board Never Approved 100% Net Exercise Amendment; Judgment for Firm Not Reconsidered
New York Law Journal |Case Digests

McBeth v. Porges

August 14, 2018

Breach Counterclaim in Suit Over Hedge Fund Investment's Fraudulent Inducement Survives
New Jersey Law Journal |Case Digests

NRJ Realty, Inc. v. Korsak

August 14, 2018

The plaintiffs appealed two orders entered in a landlord tenant case.
New Jersey Law Journal |Case Digests

ED-Gel, LLC v. KRS Global Biotechnology, Inc.

August 14, 2018

Plaintiff appealed the order enforcing the settlement of its breach of contract action.
The Recorder |Case Digests

Monster Energy Company v. Schechter

August 14, 2018

Attorney not bound by confidentiality provision in clients' settlement agreement with third party
New York Law Journal |News

Judge Pauley Refuses to Allow New Breach Claim in Contract Dispute

Colby Hamilton | August 13, 2018

The plaintiffs sought another shot at the claims after allegedly finding evidence during discovery that undermined a key fact that led to the collapse of a revenue sharing agreement.
The Legal Intelligencer |News

Pa. Federal Judge Says Insureds Can Bring UTPCPL Claims Against Insurers

Steven A. Meyerowitz | August 13, 2018

A federal district court in the Eastern District of Pennsylvania, recognizing an intra-district split that has been going on for a few years, has ruled that an insured's claim against his insurer under Pennsylvania's Unfair Trade Practices and Consumer Protection Law (UTPCPL) was not barred by the economic loss doctrine.
Texas Lawyer |Case Digests

Walterscheid v. Walterscheid

August 13, 2018

Appellant, a ranch owner, entered into an agreement with appellee to invest in some cattle with a third individual, Clint Sicking.
Connecticut Law Tribune |Case Digests

JK Energy Solutions LLC v. Berlin Auto Ctr. Inc.

August 13, 2018

Court Strikes Accord and Satisfaction Special Defense, Which Does Not Allege Acceptance of New Contract
Connecticut Law Tribune |Case Digests

Abrams v. PH Architects, LLC

August 13, 2018

Plaintiff Failed to Properly Plead Breach of Contract Claim
Connecticut Law Tribune |Case Digests

National Waste Assoc., LLC v. Scharf

August 13, 2018

Nonsolicitation Clause Limited to Existing Customers Only
The Recorder |Case Digests

Colaco v. Cavotec SA

August 13, 2018

Party may not be awarded benefit of contract while being excused from performance
Daily Business Review |News

2 Real Estate Moguls and Their Jet: Craig Robins Exposed to Punitive Damages in Beef With Ugo Colombo

Lidia Dinkova | August 10, 2018

A state appeals court allows Colombo, a pioneer in developing luxury Miami real estate, to seek punitive damages from Robins, the Design District developer, in a case involving a once co-owned jet.
New York Law Journal |Case Digests

U.S. Coachways Inc. v. Vaccarello

August 10, 2018

Breach Claim Over Confidential Information Use Made Out Only for One Individual Defendant
The Recorder |Case Digests

Property California SCJLW One Corporation v. Leamy

August 10, 2018

Legal expert's declaration properly excluded as lacking in foundation
Delaware Business Court Insider |News

Tribune Sues for $1B in Damages After Canceling Deal With Sinclair

Tom McParland | August 09, 2018

The lawsuit filed by Debevoise & Plimpton targets Sinclair's "belligerent and unnecessarily protracted" negotiations with regulators.
New York Law Journal |Analysis

'A Deal Is a Deal,' Except When It's Not

Alton L. Abramowitz | August 09, 2018

In his Divorce Law column, Alton L. Abramowitz looks at three recent cases as a reminder of what constitutes the applicable law, and a look at where the law may be going in the future.
The Legal Intelligencer |Commentary

Ruling Provides Guidance on How to Address 'Actual Damages' Under RESDL

Alan Nochumson | August 09, 2018

In Phelps, for the first time, the Superior Court also outlined how courts in Pennsylvania should calculate “actual damages” under RESDL.
Daily Report Online |Case Digests

Jordan v. Marriott International, Inc.

August 09, 2018

Claim Against Hotel By Guest Who Forget to Remove Valuables From Room Safe Was Subject to Inkeeper Statutes
New York Law Journal |Case Digests

Feder Kaszovitz LLP v. Rosen

August 09, 2018

Former Client's Failure to Pay Law Firm Under Retainer Breached Agreement
New Jersey Law Journal |Case Digests

PNY Tech., Inc. v. Netac Tech. Co., Ltd.

August 08, 2018

Defendant moved to dismiss plaintiff's complaint asserting fraud in the inducement, mutual and unilateral mistake, frustration of purpose and asserting certain patents were invalid or unenforceable due to inequitable conduct.
New Jersey Law Journal |Case Digests

Lessner Electric Co. v. Fidelity and Deposit Co. of Maryland

August 08, 2018

The plaintiff appealed from two orders that dismissed its complaint alleging breach of contract, delay damages, and unjust enrichment on the grounds of a failure to state a claim.
Daily Business Review |

No Client Consent: Court Finds Miami-Dade Lawyer Had No Permission to Settle Yearslong Case

Raychel Lean | August 07, 2018

The Third Disrtict Court of Appeal questioned the validity of a settlement agreement between St. Mary's School of Medicine Ltd. and its former student, Anthony Zabaleta, concluding that the school's attorney wasn't authorized to make the deal.
The Legal Intelligencer |Case Digests

Cooley v. Addimando

August 07, 2018

An integration clause contained in a real estate sale agreement precluded reliance on representations about the dimensions of the property. The court dismissed the complaint's breach of contract, fraud and unfair trade practices claims.
Texas Lawyer |Case Digests

Tabe v. Texas Inpatient

August 06, 2018

Appellee, a partnership that provides hospitalist services through its employed physicians, recruited appellant to work for it as a hospitalist and he signed an employment agreement.
Texas Lawyer |Case Digests

Yowell v. Granite Operating

August 06, 2018

Plaintiffs are successors-in-interest to an overriding royalty interest which was reserved by the assignment of certain mineral leases.
Daily Report Online |Case Digests

The Turfgrass Group, Inc. v. Georgia Cold Storage Co.

August 06, 2018

Triable Issue As To Whether Storage Customer Assented to Terms and Conditions Stated on Warehouse Receipts
Connecticut Law Tribune |Case Digests

Mohawk Northeast, Inc. v. State of Connecticut, Dept. of Transportation

August 06, 2018

Failed Bidder on Public Works Project Lacked Standing to Challenge Bidding Process
Connecticut Law Tribune |Case Digests

Bulldog Innovation Group, LLC v. Feldman

August 06, 2018

Delaware LLC Not Subject to Dissolution Under Connecticut Statutory Law
Connecticut Law Tribune |Case Digests

Laurenza v. Esposito

August 06, 2018

Plaintiff Entitled to No More Than Actual Cost of Defective Tile Work
Connecticut Law Tribune |Case Digests

D.S.A. Properties, LLC v. Pina

August 06, 2018

Evidence Did Not Support Defendant's Claim That He Owed No Rent
The Recorder |Case Digests

Lacagnina v. Comprehend Systems, Inc.

August 06, 2018

Claim for theft of property cannot lie for alleged theft of labor or services
Connecticut Law Tribune |Case Digests

Hilario's Truck Center, LLC v. Rinaldi

August 06, 2018

Towing Company Lacked Standing to Bring Direct Action Against Vehicle Owner's Insurer
The Legal Intelligencer |Commentary

Changes to American Institute of Architects' Standard Forms Reflect Industry Practice

Michael P. Subak and Kristopher Berr | August 04, 2018

The American Institute of Architects' (AIA) standard form construction contracts are among the most widely used form agreements in the construction industry.
New York Law Journal |

Blurred Lines: Rethinking the Issue of Consent by Non-Signatories

Linda Gerstel | August 03, 2018

In recent years, U.S. courts have increasingly tended not only to enforce mandatory arbitration agreements, but also to compel arbitration even in instances where one of the parties did not sign an agreement to arbitrate. The title of Robin Thicke's 2013 megahit —“Blurred Lines”—provides an accurate description of what constitutes “consent” by a non-signatory in arbitration.
Daily Report Online |Case Digests

BPP069, LLC v. Lindfield Holdings, LLC et al.

August 03, 2018

Triable Issues of Fact As To Whether Buyer Could Have Discovered Property Was Subject to Demolition Order
New Jersey Law Journal |Case Digests

McMullin v. Casaburi

August 03, 2018

Plaintiffs appealed the dismissal with prejudice of their action for fraud in the inducement, negligent misrepresentation, violations of the CFA, civil conspiracy and other charges.
The Legal Intelligencer |Commentary

The Demise of Fair Share Fees: 'Janus' and Its Impact

Adam Santucci and Langdon Ramsburg | August 02, 2018

Recently, the U.S. Supreme Court issued a landmark decision, which may ultimately prove to alter the landscape of public sector labor relations and undermine the political clout of public sector labor unions throughout the United States.
The Legal Intelligencer |Commentary

How Different Is Construction From Online Dating? Not Too Much

Richard J. Slavin | August 02, 2018

With many experienced contractors hard at work with established developers, young developers, therefore, have to evaluate the risk of hiring an inexperienced contractor versus an experienced one who is very busy.
Daily Report Online |Case Digests

Fannie Mae v. Las Colinas Apartments, LLC et al.

August 02, 2018

Loan Documents Unambiguously Provided for Personal Liability on Note
Daily Report Online |Case Digests

Bush v. AG South Farm Credit et al.

August 02, 2018

Insurance Broker May Have Violated Fiduciary Duty By Failing to Apprise Client of Crop Insurance Documentation Requirements
Daily Report Online |Case Digests

Gateway Community Service Board v. Bonati

August 02, 2018

Public Agency's Employment Contract With Executive Director Was Not Void as Against Public Policy
New York Law Journal |Case Digests

Comm'r of the Dep't of Soc. Servs. of the City of N.Y. v. New York-Presbyterian Hosp.

August 02, 2018

DSS Can Enforce Agreement Provision Against Hospital as Third-Party Beneficiary
The Legal Intelligencer |News

Federal Judge's Ruling May Help Insureds Keep Coverage Complaints in State Court

Steven A. Meyerowitz | August 01, 2018

A federal district court in Pennsylvania has issued a decision that may serve as a roadmap for insureds and their attorneys interested in having their coverage cases heard in a Pennsylvania state court rather than having them removed by insurers to federal court.
The Legal Intelligencer |Commentary

Significant Changes to Pennsylvania's CASPA Coming Soon

Joshua Lorenz | August 01, 2018

It's not often that construction contract statutes are changed in Pennsylvania, so it was notable when Gov. Tom Wolf on July 12 signed legislation to amend the Contractor and Subcontractor Payment Act (CASPA).
New York Law Journal |Case Digests

Georgia Malone & Co. Inc. v. E&M Assocs.

August 01, 2018

Broker's Contract Breach, Attorney's Fees Claims Reinstated; Subject Agreement Ambiguous
New York Law Journal |Case Digests

Knopf v. Esposito

July 31, 2018

Sanction Award Reduced; Injury was Caused by Order Allowing Apartment's Sale
New York Law Journal |Case Digests

Almanzar v. Rodriguez

July 31, 2018

Plaintiff Satisfies Requirements for Preliminary Injunction Against Ex-Restaurant Owner
Connecticut Law Tribune |Case Digests

Burg v. Northeast Specialty Corp.

July 30, 2018

Homeowner's Claims Against Contractor Unsupported by Any Admissible Evidence
Connecticut Law Tribune |Case Digests

Tri Star Distributor, Inc. v. Oday

July 30, 2018

Defendant Liable to Plaintiff for Unpaid Invoices
Connecticut Law Tribune |Case Digests

Zimmerman v. Civette

July 30, 2018

Plaintiffs Have Satisfied Their Obligations Under Purchase Agreement for Parcel of Land
New York Law Journal |

Prenup Tutorial: A Survey of Recent Case Law

Arlene G. Dubin and Rebecca A. Provder | July 27, 2018

A highlight of significant takeaways for family lawyers and other practitioners to consider regarding prenuptial agreements.
New York Law Journal |Analysis

District Court Denies Enforcement of 'Settlement' Deemed Preliminary and Non-binding

Thomas E.L. Dewey | July 27, 2018

In his Settlement and Compromise column, Thomas E.L. Dewey compares the federal and state approaches to the law of preliminary agreements.
New York Law Journal |Analysis

Procurement Provisions: What to Leave In, What to Leave Out

Julian D. Ehrlich | July 27, 2018

In his Insurance Law column, Julian D. Ehrlich explores the importance of crafting precise and properly-worded insurance procurement provisions.
Delaware Business Court Insider |News

Slights Denies Direct Appeal in Row Over Ouster of Calif. Investment Fund Partners

Tom McParland | July 23, 2018

A Delaware Court of Chancery judge has denied fast-tracked appeal of a decision earlier this month that kicked a fight for control of four investment funds to a Kentucky state court, where an influential pension fund is defending its move to replace general partners with in-house staff.
National Law Journal |News

Blockchain Cyber-Defense Startup Sues Investor After Partnership Talks Sour

C. Ryan Barber | July 23, 2018

The complaint in Washington's federal trial court details the downfall of a relationship that drew close interest from the blockchain and cryptocurrency community—only to sour. A team from Winston & Strawn represents plaintiff Gladius Network LLC in its suit against Krypton Capital.
Delaware Law Weekly |News

Chancery Court Lawsuit Opens New Round in Ugly Fight Over Noncompetes

Tom McParland | July 20, 2018

Georgia-based medical services company Bako Pathology this week sued to stop its two founders from opening a competing firm, the latest development in a legal saga that has exploded with allegations of illicit sex, violence and illegal drug use.
The American Lawyer |News

Quinn Fires Back in Row With Ex-Partners at Selendy & Gay

Scott Flaherty | July 19, 2018

Responding to a challenge of a so-called forfeiture for competition clause in its partnership agreement, Quinn Emanuel accused former partners of bringing a New York court action as a “publicity gambit" in what, the firm says, should be a confidential dispute.
Daily Business Review |News

Transportation Dept. Takes Aim at Contractor Amid SunPass Problems

Jim Turner, News Service of Florida | July 19, 2018

The Florida Department of Transportation announced Monday it is withholding payments to Maryland-based Conduent State & Local Solutions as work continues on the SunPass Centralized Customer Service System, which was expected to be completed June 11.
The Legal Intelligencer |Commentary

Who Breached First? Unpublished Opinion Helps Clarify Rule

Craig R. Tractenberg | July 19, 2018

Should all contract breach litigation be decided on who breached first? Perhaps that should be the rule on deciding complex commercial cases. It seems to work well to simplify complex fact patterns and responsibilities. Do all breaches have the same weight?
Delaware Business Court Insider |News

Del. Supreme Court Upends $13.7M Insurance Judgment in Asbestos Suit

Tom McParland | July 17, 2018

Texas ties to the contractual relationship between the company and insurer trumped the fact that Wisconsin was the site of exposure, the court said in a ruling focused on choice of law in corporatewide insurance policies.
Daily Business Review |Profile

Attorney Michael Dunn Talks Business Startups, Practicing With His Parents

Daily Business Review | July 13, 2018

Michael Dunn is managing partner at Dunn Law in Miami.
New York Law Journal |Analysis

Second Circuit to Decide Validity of Arbitrator's Certification of Class Including Absent Members

Samuel Estreicher and Holly H. Weiss | July 13, 2018

Samuel Estreicher and Holly H. Weiss analyze 'Jock v. Sterling Jewelers,' a case pending in the Second Circuit, in this Arbitration column.
Delaware Business Court Insider |News

Directive That Boeing Pay for Displaced Workers' Benefits Is OK'd by Del. Justices

Tom McParland | July 12, 2018

The Delaware Supreme Court on Thursday upheld a lower court's ruling that Boeing Co. was responsible for $150 million in payments to workers who were laid off when the aircraft-maker sold off three manufacturing facilities in 2005.
New York Law Journal |Analysis

Realty Law Digest

Scott E. Mollen | July 10, 2018

Scott E. Mollen, a partner at Herrick, Feinstein, discusses the brokerage case “106 N. Broadway LLC v. Houlihan Lawrence” dealing with fiduciary duties, and the landlord-tenant case “Faber v. Loft 14 Condominium” where a tenant thwarted the landlord's efforts to abate violations.
Litigation Daily |Commentary

Daily Dicta: What's a Skoda? And Why Does Covington Want Congress to Pay Attention?

Jenna Greene | July 09, 2018

How a thoroughly uninteresting fight over a Skoda car dealership in Egypt spilled into the halls of Congress--and involves some of the biggest names in law.
New York Law Journal |Analysis

Outsourcing Fraud Claims Viable Despite Affirmation

Richard Raysman and Peter Brown | July 09, 2018

In their Technology Law column, Richard Raysman and Peter Brown discuss the circumstances, legal analysis and conclusions surrounding “W.G. Bradley v. intelligence” where a software customer's fraud claims survived dismissal even after partial affirmation of the underlying agreement.
Daily Business Review |News

Miami Lawyer Represents Investors Alleging Gas Station Operators Ran Multimillion-Dollar Ponzi Scheme

Raychel Lean | July 06, 2018

Investors in South Florida gas stations fight with operator MNV Energy, accusing the Aventura-based company of "squeezing them dry" and defaulting on financial obligations.
The Legal Intelligencer |Commentary

Pa.'s Antiquated Adoption Laws and the Emotional Risk Involved

Samuel C. Totaro Jr. and Amanda G. Malamud | July 06, 2018

Imagine new adoptive parents' broken hearts when they learn that the newborn they have raised for four weeks since his release from the hospital will be removed from their home.
Litigation Daily |Commentary

Daily Dicta: Food Fight: Celebrity Chef Sues Ex-Partners

Jenna Greene | July 06, 2018

Celebrity vegan chef Chloe Coscarelli is in the midst of a nasty food fight with her former restaurant partners.
Daily Report Online |News

Lawyer Claims Chiropractor's Google Review Defamed Her

Greg Land | June 29, 2018

A lawyer suit said a chiropractor defamed her in an online review by insinuating the lawyer had stolen money.
The Legal Intelligencer |

BofA Denies Liability for Wire Transfer After Law Firm 'Took the Bait' in Phishing Scam

Zack Needles | June 29, 2018

Bank of America has fired back at Warminster-based law firm O'Neill Bragg & Staffin, which sued last month alleging the bank was liable for failing to cancel a wire transfer made to China after the firm's account was infiltrated by hackers.
National Law Journal |News

Marketing Analyst Who Gave Trump the Finger Loses Suit Over Her Firing

Erin Mulvaney | June 29, 2018

The photo of Juli Briskman giving the president the bird rocketed around the web and late-night TV. Attorneys for Akima LLC and Briskman argued Friday in Virginia court over whether the company's termination violated the public policy exception of Virginia's at-will employment scheme.
Texas Lawyer |Commentary

The Royal Wedding and the Role of Prenups

Brad LaMorgese | June 29, 2018

Let's assume for a moment that the royal couple had married in Texas, where premarital agreements offer many options because they are considered legally binding contracts.
The Recorder |Q&A

Beating Beats: A Q&A With the Susman Lawyer Behind the $25M Verdict Against Dr. Dre and Jimmy Iovine

Ross Todd | June 28, 2018

Susman Godfrey partner Brian Melton led a team that won a $25 million verdict for client Steven Lamar in a royalty dispute over the high-end, celebrity-endorsed headphones.
Daily Business Review |Commentary

Are Nondisclosure Agreements Being Pushed Too Far?

Michael P. Dunn and Tyler Stull | June 28, 2018

Out of the Stormy Daniels affair, the #MeToo movement, and the Larry Nassar scandal, a common practice has risen to the national forefront: the use of nondisclosure agreements.
Daily Business Review |News

No Soundtrack, But King of the Blues Gets 11th Circuit Nod in King Cotton Case

Katheryn Tucker | June 26, 2018

This is a case about cotton in the Deep South. B.B. King once called cotton "a force of nature." But Judge Kevin Newsom said the poetry of cotton "has given way to a nasty little feud."
The Legal Intelligencer |

Drinker Biddle Awarded $41K in Attorney Fees for Cleaning Up Opponent's 'Thrown Pizza'

Tom McParland | June 25, 2018

In awarding Drinker Biddle & Reath $41,000 in attorney fees for recovering $1 million on behalf of its clients in a breach of contract case, a Delaware Superior Court judge cited to the state's so-called "pizza principle," which holds that "it is more time consuming to clean up the pizza thrown at the wall than it is to throw it."
Delaware Law Weekly |News

Del. Judge Grants $41,000 in Attorney Fees to Drinker Biddle in Contract Dispute

Tom McParland | June 25, 2018

A Delaware Superior Court judge has awarded Drinker Biddle & Reath $41,000 in attorney fees for recovering $1 million on behalf of its clients in a breach of contract case against Texas-based machining services firm Integra Services Technologies Inc.
The Legal Intelligencer |Commentary

Can You Get Post-Arbitration Discovery to Show Arbitrator Bias?

Charles F. Forer | June 25, 2018

It was not the first time. Bob had lost arbitration cases before. But this one was different. Bob was sure the arbitrator had a longstanding relationship with Bob's adversary.
Delaware Business Court Insider |News

Fraud Claim Survives in Contract Suit Over Environmental Liability

Tom McParland | June 22, 2018

A breach of contract suit over the sale of a contaminated chemical site in New Jersey can be expanded to include claims that the seller concealed information about its remediation efforts and tried to stick Ashland Inc. with the bill for the cleanup, a Delaware judge has ruled.
New Jersey Law Journal |

Ongoing Litigation Plays a Sour Note in Rider's Bid To Sell Choir College

Charles Toutant | June 22, 2018

Rider University announced Thursday that it had a tentative deal to sell Westminster Choir College to a Chinese company for $40 million, but two lawsuits still stand in the way of the sale.
Corporate Counsel |Expert Opinion

Litigating 'Best Efforts' Considerations for Defining or Not Defining What Effort to Expect

Jeremy J. Gray | June 22, 2018

Unforeseen or uncontrollable events make the full extent of risk associated with development and commercialization unknowable.
National Law Journal |News

Arbitration Agreements Don't Get Rubber Stamp, Even After 'Epic Systems'

Erin Mulvaney | June 22, 2018

“There is a bit of a push, pull that you will continue to see,” says Michael Phillips of McGuireWoods. “The Supreme Court is knocking down obstacles and other judges are not as enthusiastic from a policy point of view. That dynamic won't end anytime soon.”
New Jersey Law Journal |Analysis

Enough With Arbitration Provisions: Litigators Hate Them and GCs Should Too

Edward S. Robson | June 21, 2018

This article examines four of the most common justifications for arbitration and suggests examination of the knee-jerk impulse to include arbitration provisions in commercial agreements.
Connecticut Law Tribune |News

Nurses Allege Racial Discrimination in Pay Disparities; Company Says Complaint is 'Without Merit'

Robert Storace | June 20, 2018

Ten black nurses have filed a federal lawsuit against their health care employer alleging they received less pay than their white counterparts for the same work.
Daily Report Online |News

Jury Deems Hospital's $230K Surgical Bill 'Unreasonable,' Awards $766

Greg Land | June 20, 2018

Ted Lavender of FisherBroyles in Atlanta led a team representing a woman sued by a Colorado hospital seeking more than three times what it had already been paid for her surgery.
New York Law Journal |

Conditions Precedents in Construction Contracts

Kenneth M. Block and Joshua M. Levy | June 19, 2018

In their Construction Law column, Kenneth Block and Joshua Levy explore the differences between typical contract terms and those that rise to the level of conditions precedent, the latter requiring strict compliance to avoid forfeiture.
New Jersey Law Journal |

If Held Separately, Note and Mortgage Assignment Both Needed to Foreclose, Court Says

Charles Toutant | June 19, 2018

A New Jersey appeals court has held in a published ruling that a party seeking to foreclose on a mortgage must have both the promissory note and a valid assignment of mortgage. But in a case where Capital One Bank brought a foreclosure action on a property when it possessed the mortgage but not the note, the appeals court said irregularities did not warrant reversal.
New York Law Journal |News

Fujifilm Seeks $1 Billion Over Collapsed Deal for Takeover of Xerox

Colby Hamilton | June 18, 2018

In May, Xerox officially announced it was terminating the deal, after months of legal and public pressure by two of its largest investors, Carl Icahn and Darwin Deason.
Delaware Business Court Insider |News

Laster Tosses Trade Secrets Suit Against Investors Who Took Stake in Competitor

Tom McParland | June 18, 2018

The Delaware Court of Chancery has dismissed a suit filed by a home security company that accused a private equity firm of stealing trade secrets through its investment in a competitor.
New York Law Journal |

Fiduciary Duties Arising From Close Personal Relationships

Thomas J. Hall and Thomas R. Commons | June 14, 2018

This column addresses recent decisions out of the Commercial Division that target exactly that question, whether fiduciary duties may arise as a result of a close personal relationship between parties.
National Law Journal |News

Gorsuch, Embracing Originalism, Mustered No Support in Solo Dissent

Marcia Coyle | June 12, 2018

The contracts clause categorically prohibits states from passing 'any ... law impairing the obligation of contracts,'" Justice Neil Gorsuch wrote in a solo dissent in the case Sveen v. Melin. The framers, Gorsuch said, "were absolute. They took the view that treating existing contracts as 'inviolable' would benefit society by ensuring that all persons could count on the ability to enforce promises lawfully made to them.
Litigation Daily |Commentary

Daily Dicta: You Guys Are Blowing It

Jenna Greene | June 11, 2018

In a new survey, more than 100 judges reported that they routinely find relevant case law that's not cited in an attorney's brief.
The Legal Intelligencer |Commentary

High Court Rejects NLRB's Position That Class Waivers Violate Federal Law

Sean R. Keegan | June 07, 2018

The U.S. Supreme Court's recent decision in Epic Systems v. Lewis is a win for employers who have included or wish to include class action waivers in arbitration agreements that employees are required to sign as a condition of employment.
New York Law Journal |News

2nd Circuit Sets Bar for Vacating Awards Over Arbitrators' 'Evident Partiality'

Colby Hamilton | June 07, 2018

A party-appointed arbitrator's failure to disclose connections on its face isn't enough to disqualify an award, the panel found.
New Jersey Law Journal |Analysis

Contract and Tort Law (Not Property) Are Required for Blockchain Property Transactions

Jonathan Bick | June 07, 2018

It is more useful to regulate and adjudicate blockchain protocol property transactions using laws and precedent associated with agreements and acts, rather than using the law of physical things.

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The African Legal Awards 2018

September 07, 2018
Johannesburg

The African Legal Awards set out to recognise exceptional achievement from within the legal community.
China Law & Practice Awards 2018

September 13, 2018
Beijing

Annual gathering of the top lawyers, law firms and in-house teams in China to celebrate their stellar achievements of the year.

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webseminar

How Legal Financing Benefits the Bottom Line

Sponsored by: Burford Capital | March 05, 2018

[ON-DEMAND] Learn about financing structures and pricing and how it helps firms remain competitive.

webseminar

Litigation Finance: A Tool to Improve Client Service & Profitability

Sponsored by Burford Capital | December 07, 2017

[ON-DEMAND] Join this webcast to learn what’s driving the five-fold growth of litigation finance and how it can improve your firm’s profitability.

webseminar

Demystifying Automation, Analytics, and Predictive Coding in E-Discovery

Sponsored by RVM Enterprises Inc. | November 16, 2017

[ON-DEMAND] Join this webcast to receive an overview of the latest trends and uses for analytics in eDiscovery.

Litigation Associate

White Plains, New York, United States

White Plains, New York office of multistate boutique litigation firm with sophisticated national trial practice seeks an associate attorney ...
Apply Now ›
Litigation Associate

White Plains, New York, United States

White Plains, New York office of multistate boutique litigation firm with sophisticated national trial practice seeks an associate attorney ...
Apply Now ›
MID-LEVEL REAL ESTATE ASSOCIATE (Atlanta, GA)

Atlanta, Georgia, United States

One of our close clients, a regional law firm known for its high rate of attorney satisfaction is seeking a mid-level real estate associate ...
Apply Now ›

O' TOOLE SCRIVO FERNANDEZ WEINER VAN LIEU, LLC

08/13/2018
NJLJ Web

O'Toole Scrivo Fernandez Weiner Van Lieu, LLC are pleased to announce
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O' TOOLE SCRIVO FERNANDEZ WEINER VAN LIEU, LLC

08/13/2018
NJLJ Web

O'Toole Scrivo Fernandez Weiner Van Lieu, LLC are pleased to announce
View Announcement ›
O' TOOLE SCRIVO FERNANDEZ WEINER VAN LIEU, LLC

08/13/2018
NYLJ Web

O'Toole Scrivo Fernandez Weiner Van Lieu, LLC are pleased to announce
View Announcement ›

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