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 |Analysis

Taylor Swift Defeats Broker's 'Wildest Dreams' in $1 Million Commission Dispute

Justin T. Kelton | February 22, 2019

Judge Furman's decision in 'Douglas Elliman v. Firefly Entertainment' affirms the longstanding rule in New York that a broker seeking commission in connection with a sale of real estate must prove that it was the “procuring cause” of the transaction.
New York Law Journal |Case Digests

Howard Carr Cos. Inc. v. Cumberland Farms Inc.

February 22, 2019

Broker's Quantum Meruit Suit Dismissed; RPL §442-d License Requirement Unavoidable
New York Law Journal |Case Digests

Abeona Therapeutics Inc. v. EB Research Partnership Inc.

February 21, 2019

Arbitration Clause Is Supported by Adequate Consideration, Mutuality of Obligation
New York Law Journal |News

Appellate Panel Affirms Buffalo Mayor's RICO Immunity in Development Suit

Colby Hamilton | February 20, 2019

Despite offering its sympathies to the appellants, the Second Circuit panel said the racketeering and other claims by developer NRP Group were rightly dismissed by the district court.
Delaware Law Weekly |Case Digests

Ray Beyond Corp. v. Trimaran Fund Mgmt., L.L.C.

February 20, 2019

A party was not entitled to specific enforcement of a provision for expert determination where the parties' dis-pute involved an issue outside the expert's area of expertise.
New York Law Journal |Case Digests

MBE Capital Partners LLC v. AVPOL Int'l LLC

February 19, 2019

Breach, Conversion Suit Dismissed for Failure to Exhaust Remedies Under FTCA
New York Law Journal |Case Digests

Crowdpay US Inc. v. Midnight Gaming Corp.

February 19, 2019

Default Judgment May Be Granted Despite Arbitration Provision in Parties' Contract
The Legal Intelligencer |Case Digests

Live Face on Web, LLC v. Cremation Soc'y of Ill., Inc.

February 19, 2019

Defendants moved to dismiss plaintiff's breach of contract and copyright infringement claims over the use of plaintiff's software and video technology and the court found there was no personal jurisdiction over the individual defendants, that plaintiff failed to state a claim for inducing copyright infringement but did state claims for direct copyright infringement and breach of contract against company defendants. Motion granted in part and dismissed in part.
Texas Lawyer |Case Digests

ASR 2620 2630 v. ASR 2620 2630

February 18, 2019

This appeal concerned a partnership dispute.
Texas Lawyer |Case Digests

Sebastian v. Wilkerson

February 18, 2019

Appellants signed a residential construction contract with appellees.
Connecticut Law Tribune |Case Digests

The Gorman Group, LLC v. Town of Hebron

February 18, 2019

Court Grants Motion to Dismiss Declaratory Judgment Action in Favor of Resolving Claims via Direct Action Filed Shortly After Declaratory Judgment Was Filed
Connecticut Law Tribune |Case Digests

Industrial Acceptance Corp. v. A Better Way Wholesale Autos, Inc.

February 18, 2019

Court Grants Motion for Judgment of Dismissal Where Creditor Claimed That Auto Dealer Had Committed to Reimbursing Losses Arising from Default by Customers of Auto Dealer but Failed to Present Evidence that the Particular Loans Carried Such a Guarantee
Connecticut Law Tribune |Case Digests

The Bakery Connection, Inc. v. Uncle Harry's, Inc.

February 18, 2019

Courts Denies Motion to Dismiss by Out-of-State Corporation That Claimed Lack of Personal Jurisdiction Despite Facing Claims Arising from Contractual Relationship with Connecticut Business for Distribution of Corporation's Goods in Connecticut
Connecticut Law Tribune |Case Digests

Devine Enterprises, Inc. v. Sportech Ventures, Inc.

February 18, 2019

Plaintiff Sufficiently Alleged Defendant's Breach of Covenant of Good Faith and Fair Dealing
Connecticut Law Tribune |Case Digests

Richards v. Direct Energy Servs., LLC

February 18, 2019

Court Affirms Dismissal of Claims Brought by Class of Consumer Electric Customers Who Challenged Electricity Provider's Rates as Violative of the Provider's Standard Variable-Rate Contract's Requirement That Its Rates Remain Competitive with Market Rates
New York Law Journal |News

2nd Circuit Opts for 'Lesser Evil' in Venue Row, Keeping Bank Lawsuit in Manhattan

Colby Hamilton | February 15, 2019

The panel found the negatives outweighed rectifying an Indiana district court's error sending a breach-of-contract case to New York for lack of personal jurisdiction.
New York Law Journal |Case Digests

Leeber Realty LLC v. Trustco Bank

February 15, 2019

Tenant Bank Denied Vacatur of Summary Judgment Opinion Under FRCP 60(b)
New York Law Journal |Case Digests

Coventry Capital US LLC v. EEA Life Settlements Inc.

February 15, 2019

Denial of Motion to Compel Production of Documents, Issue Sanction Explained
The Legal Intelligencer |News

Insurer's 'Regular Use' UIM Exclusion Applied to All Fleet Vehicles, Court Rules

Zack Needles | February 14, 2019

A trucker injured in an accident while driving a company truck was precluded from collecting underinsured motorist benefits by his policy's regular use exclusion because the truck was part of his employer's fleet, even though he had previously driven the specific vehicle in question only twice, the Pennsylvania Superior Court ruled.
New York Law Journal |News

Gynecologist Can't Be Preliminarily Enjoined From Breaching Medical Group's Restrictive Covenants, Court Rules

Jason Grant | February 14, 2019

Dr. Marcia Harris, who has sued her former employer, cannot be preliminarily stopped from performing obstetrician-gynecologist and ancillary services at another medical-professional group she has joined, an Appellate Division, First Department panel has ruled.
New York Law Journal |Case Digests

Rasolli Footwear Corp. v. COD Capital Corp.

February 14, 2019

Proposed Cause of Action Alleging GBL §349(h) Violation Patently Devoid of Merit
New Jersey Law Journal |Case Digests

Franzblau Dratch, PC v. Martin

February 14, 2019

Defendant appealed the order enforcing an alleged settlement in his dispute with a law firm.
The Legal Intelligencer |Analysis

Auto Insurer Did Not Have to Defend Woman Who Drove Insured Car Without Permission

Steven A. Meyerowitz | February 13, 2019

A federal district court in Pennsylvania has ruled that an auto insurer did not have to defend a woman who allegedly drove an insured car without permission and injured a third party, notwithstanding that the complaint against the woman alleged that she had implied permission to drive the car.
Delaware Law Weekly |Case Digests

IDT Corp. v. U.S. Specialty Ins. Co.

February 13, 2019

Insurers were granted partial summary judgment on insureds' declaratory judgment action for defense costs, where underlying action alleged individual defendant committed wrongful acts within scope of official capacity, but did not constitute securities claim because it was brought by shareholders of separate spin-off company.
New Jersey Law Journal |Case Digests

YA Global Inv., LP v. Gonzalez

February 13, 2019

Defendants appealed the order piercing the corporate veil to impose liability on an individual and company defendant for $5 million.
Daily Business Review |Commentary

Ninth Circuit Snuffs Out $44M Save for Jacksonville Company Over Cigarillos

Jenna Greene | February 12, 2019

Jacksonville-based Swisher International walked out of trial court with the judge rejecting a $44 million jury award. The appellate decision was less palatable.
The Recorder |Commentary

Ninth Circuit Snuffs Out Gibson Dunn's $44M Save in Fight over Cigarillos

Jenna Greene | February 12, 2019

It's a reminder for appellate lawyers everywhere: No matter how aggressive or creative you are, you're still stuck with the lower court record.
The Legal Intelligencer |Case Digests

Strategic Capital Inv., LLC v. Bill Miller Equip. Sales, Inc.

February 12, 2019

Both parties moved for summary judgment in plaintiff's action for a "success fee" based on an agreement with defendant to find a lender for defendant and the court found both sides presented plausible and competing interpretations of the contract and it was up to the factfinder to decide what the contract meant. Motions denied.
Litigation Daily |Commentary

Daily Dicta: Ninth Circuit Snuffs Out Gibson Dunn's $44M Save in Fight over Cigarillos

Jenna Greene | February 11, 2019

It's a reminder for appellate lawyers everywhere: No matter how aggressive or creative you are, you're still stuck with the lower court record.
Texas Lawyer |Case Digests

Bombardier Aerospace v. SPEP Aircraft

February 11, 2019

Respondents brought suit against petitioner for breach of contract, breach of express warranty, and fraud in relation to the purchase of a new aircraft.
New York Law Journal |Case Digests

Richards v. Direct Energy Servs. LLC

February 11, 2019

Electricity Firm Did Not Breach Contract by Not Pegging Variable Rate to Procurement Costs
Texas Lawyer |Case Digests

Sabre Travel v. Deutsche Lufthansa

February 11, 2019

Respondent, the owner of multiple airlines contracted with petitioner, a booking intermediary, to market and sell tickets through its computerized Global Distribution System.
Texas Lawyer |Case Digests

Kempner Water v. City Of Lampasas

February 11, 2019

Appellee, City of Lampasas, sued Kempner Water Supply Corporation for a breach of contract claim.
Connecticut Law Tribune |Case Digests

Gonzalez v. Accredited Sur. & Cas. Co., Inc.

February 11, 2019

Court Finds in Favor of Bail Bond Company Whose Contractor Claimed Company was Unjustly Enriched by Refusal to Compensate Contractor for Writing Risky Bonds in Violation of Terms of Contractor Agreement
Connecticut Law Tribune |Case Digests

Costello v. Goldstein & Peck, P.C.

February 11, 2019

Trial Court Properly Granted Motion to Strike for Improper Joinder
Connecticut Law Tribune |Case Digests

Rozbicki v. Lichaj

February 11, 2019

Allegations of Undue Influence and Fraud Supported Defendants' Affirmative Defenses and Counterclaims
Connecticut Law Tribune |Case Digests

Best v. Magic Indus. Inc.

February 11, 2019

Court Enters Judgment in Favor of Businessowner Who Claimed That Construction Contractor Breached Oral Agreement to Provide Construction Materials and Services
Connecticut Law Tribune |Case Digests

JP Morgan Chase Bank, N.A. v. Essaghof

February 11, 2019

Defendants Intended Not to Be Bound by Settlement Agreement Until It Was Drawn and Executed
New York Law Journal |Case Digests

Pure Diets India Ltd. v. Genco

February 08, 2019

Privity Issues Noted in Partial Dismissal of Breach Action Over Sugar's Sale, Delivery
New York Law Journal |Case Digests

Younomics Private Student Loan Trust v. Tinson

February 07, 2019

Plaintiff Fails to Establish Reasonable Diligence in Attempting Service, Denied Extension
New Jersey Law Journal |Case Digests

Jackson v. Geldhauser Shiffman & Rizzo

February 07, 2019

Plaintiffs Jarmaine Jackson and Johnny Delvalle appealed from an order that granted defendants, Geldhauser Shiffman & Rizzo, LLC's motion for summary judgment, and dismissed plaintiffs' complaint for breach of contract.
New York Law Journal |Case Digests

Arcadia Biosciences Inc. v. Vilmorin & Cie

February 06, 2019

Breach, Related Claims Over Patent to Genetically Modified Wheat Time-Barred, Duplicative
Delaware Law Weekly |Case Digests

Preferred Fin. Serv. v. A&R Bail Bonds LLC

February 06, 2019

The parties' agreement was illegal because it sought to circumvent changes in the law regarding bail bonds.
New Jersey Law Journal |Case Digests

INDECS Corp. v. Claim Doc, LLC

February 06, 2019

The matter came before the court on a motion by defendant for leave to amend its counterclaim.
New York Law Journal |Analysis

Realty Law Digest

Scott E. Mollen | February 05, 2019

Scott E. Mollen, a partner at Herrick, Feinstein, discusses “245 East 30th Street v. Alarcon,” where a rent-controlled apartment was given back to the landlord after it was found that it was not the tenant's primary residence; and “Freeman v. City of N.Y.” where a claim based on an implied contract for the purchase of city-owned properties was dismissed.
New York Law Journal |Case Digests

MBIA Ins. Corp. v. Nationstar Mortgage LLC

February 05, 2019

Willful Misfeasance, Disregard of Master Servicer Obligations Alleged; Breach Claim Stands
New York Law Journal |Case Digests

Global Gold Mining LLC v. Caldera Resources Inc.

February 05, 2019

Petitioner Entitled to Award's Confirmation Except for Its Post-Judgment Interest Rate
New Jersey Law Journal |Case Digests

Fishbone v. Chase Partners, LLC

February 05, 2019

The matter was before the court for a second time after a remand.
The Legal Intelligencer |Case Digests

Larsen v. Licinit

February 05, 2019

Dissolution of a limited liability company was appropriate where the parties were no longer able to work together. Plaintiffs established an oral contract whereby defendant agreed to pay them if they left their jobs to work in a joint venture.
The Recorder |News

Why the US Labor Dept. Is Dropping Its Google Pay-Data Appeal

Erin Mulvaney | February 04, 2019

The Labor Department's appeal had been pending for more than a year. Agency lawyers are pointing to a new Trump-era compliance directive that focuses on transparency and cooperation.
The Recorder |News

In Dispute Over Koko's Companion, Judge Sides With Cincinnati Zoo

Ross Todd | February 04, 2019

U.S. District Judge Richard Seeborg found that The Gorilla Foundation had agreed to let a third party decide where Ndume, a gorilla loaned to the organization by the zoo, would live after the death of Koko, the western lowland gorilla who famously learned sign language.
Connecticut Law Tribune |Case Digests

City of Bridgeport v. SMI Demolition, Inc.

February 04, 2019

Private Contractor Could Seek Arbitration Under Ambiguous Terms of Contract Clause Drafted by City
The Recorder |Case Digests

Rand Resources, LLC v. City of Carson

February 04, 2019

City's alleged breach of agency contract not matter of public interest for purposes of anti-SLAPP statute
Connecticut Law Tribune |Case Digests

Watson Real Estate, LLC v. Woodland Ridge, LLC

February 04, 2019

Trial Court Not Required to Draw Adverse Inference From Party's Failure to Call Available Witness
Litigation Daily |Q&A

Litigator of the Week: How Quinn Emanuel's Lyle Killed a $120M Suit—and Came Out $20M Ahead

Jenna Greene | February 01, 2019

Express Scripts faced a $120 million breach of contract claim by compounding pharmacy HM. Lyle and co-counsel from Husch Blackwell not only defeated the suit, they won a $20 million counter-claim.
New York Law Journal |Analysis

New Accounting Rule Impacts FDD Renewal Season

David J. Kaufmann | January 30, 2019

In his Franchising column, David J. Kaufmann writes: A relatively recent change to accounting standards promulgated by the Financial Accounting Standards Board (FASB) may in certain instances significantly impact the financial statements of franchisors which regulators will be reviewing this year in Item 21 of such franchisors' Franchise Disclosure Documents (FDDs) during FDD “renewal season” (March-May). This is especially so in the case of newer, emerging franchisors.
Daily Business Review |

Miami-Dade Developer and Former Trump Protege Sued for Stiffing Horse Trainer

Zach Schlein | January 30, 2019

A Jan. 22 lawsuit filed in Palm Beach County accuses developer Richard Fields and Brandy Coletta of not properly compensating their horse trainer for services rendered. Fields is a former business partner of President Donald Trump and once managed Trump's ex-wife, Marla Maples.
Daily Business Review |News

Developer Ugo Colombo Files Defamation Lawsuit in Dispute With Craig Robins

Lidia Dinkova | January 28, 2019

The pioneering Miami luxury high-rise developer cited a state attorney's closeout memo to support his defamation claim.
The Recorder |News

Girardi Keese Partner Bucks Back Against Alleged $15M Debt to 'Miserable, Rotten' Litigation Funder

Ross Todd | January 24, 2019

Plaintiffs lawyer Thomas Girardi says that Law Finance Group has sued him for funds that were borrowed on behalf of clients. But the litigation funder's lawyer says the loan agreement clearly states the loan was to Girardi and his firm.
Litigation Daily |News

Plaintiffs Lawyer Thomas Girardi Pushes Back Against Alleged $15M Debt to 'Miserable, Rotten' Litigation Funder

Ross Todd | January 24, 2019

Plaintiffs lawyer Thomas Girardi says that Law Finance Group has sued him for funds that were borrowed on behalf of clients. But the litigation funder's lawyer says the loan agreement clearly states the loan was to Girardi and his firm.
New Jersey Law Journal |Analysis

MeToo Movement's Impact on Morals Clauses and the Right to Clawback Compensation

Steven I. Adler | January 23, 2019

Including morality, clawback and/or liquidated damage clauses in employment agreements sends a clear message to executives that they better not engage in such behavior.
The Recorder |Expert Opinion

Arbitration: Is It Still Worth It?

Gina M. Roccanova | January 22, 2019

Fast-food chain Chipotle Mexican Grill, Inc. has found itself at the center of the ongoing debate over mandatory arbitration provisions in employment agreements. That debate has always assumed that arbitration clauses favor employers. However, the most recent developments in a wage-and-hour case against Chipotle have called that assumption into question.
New Jersey Law Journal |News

GEICO Notches Reversal of Underinsured Policy Coverage

R. Robin McDonald | January 22, 2019

A split panel determined a policy exemption meant underinsured motorist coverage only applies to vehicles specifically mentioned in a policy.
The Recorder |News

Litigation Funder Sues Thomas Girardi, Firm Claiming $15M+ in Unpaid Loans

Ross Todd | January 22, 2019

Girardi, better known to reality TV fans as the husband of "Real Housewives of Beverly Hills" star Erika Jayne, was hit with a lawsuit by Mill Valley-based Law Finance Group on Jan. 17.
New Jersey Law Journal |

BAR REPORT - Capitol Report

New Jersey State Bar Association | January 21, 2019

Supreme Court sides with NJSBA on arbitration agreement
Daily Business Review |News

Case Closed: Miami's Frost Museum, Masonry Contractor Settle Lawsuit

Lidia Dinkova | January 18, 2019

Formrite Construction settled its lawsuit against Miami's Frost Museum of Science over payments for its masonry work.
New Jersey Law Journal |Analysis

The Insurance Maze: How to Maximize Proceeds in Faulty Workmanship Cases

Martha N. Donovan | January 18, 2019

Language is being added to insurance policies to carve out repair and replacement damages.
The Legal Intelligencer |News

Justices Take Up Dispute Over Appellate Review of Police Grievance Arbitration Awards

Zack Needles | January 17, 2019

The Pennsylvania Supreme Court has agreed to hear arguments over whether a grievance arbitrator overstepped her authority in determining that Pittsburgh police officers are entitled to eight hours' pay whenever they're called into work on a scheduled day off, known as a "pass day."
The Legal Intelligencer |News

After En Banc Rehearing, Court Again Nixes No-Hire Provision in Trucking Company Dispute

P.J. D'Annunzio | January 16, 2019

An en banc Pennsylvania Superior Court panel, after rehearing argument in a case of first impression, has once again invalidated a no-hire provision in the case of trucking company employees seeking jobs with a competitor.
Daily Business Review |

South Florida Lawyers Win $4.1M for Cable Company Fired Over Service Delays

Raychel Lean | January 14, 2019

A Miami-Dade County jury sided with PC Services LLC, a cable company that claimed a homeowners association in Lake County should never have broken its agreement and blamed it for service delays.
The Recorder |News

Gorilla Foundation Moves to Sideline PETA in Fight Over Koko's Companion

Ross Todd | January 11, 2019

"PETA is not a party to the contracts at issue in this case," wrote lawyers for The Gorilla Foundation. "No one from PETA claims to have even once seen Ndume during his 37 years."
Litigation Daily |News

In Fight Over Koko's Companion, Gorilla Foundation Moves to Sideline PETA

Ross Todd | January 11, 2019

"PETA is not a party to the contracts at issue in this case," wrote lawyers for The Gorilla Foundation. "No one from PETA claims to have even once seen Ndume during his 37 years."
New Jersey Law Journal |News

Justices Call Consumer Contract Unenforceable, but Sidestep Challenge to 'Atalese'

Charles Toutant | January 11, 2019

The justices said the mandatory arbitration clause was confusing because of the way it used the terms arbitration and mediation interchangeably.
Daily Business Review |News

Juror Was Bribed in Trial Between Warring Developers, New Suit Claims

Lidia Dinkova | January 10, 2019

In the latest turn in the decade-long dispute between two of Miami's biggest names in real estate, Craig Robins and Ugo Colombo, a juror bribery accusation has been made.
Daily Business Review |News

Major Trump Donor in Florida Hit With Judgment Over Bad Movie Deal

Raychel Lean | January 10, 2019

A $510,000 judgment from the Eastern District of New York has followed Republican party donor Lev Parnas to his home turf in the Southern District of Florida, as he's yet to pay back money he borrowed for a movie that was never made.
Corporate Counsel |News

InterDigital's CEO Wants to Arbitrate Patent Licensing Dispute With China's Huawei

Phillip Bantz | January 08, 2019

Huawei has accused U.S.-based InterDigital of violating an agreement to license patents that are essential to 3G, 4G and 5G wireless telecommunication standards on fair, reasonable and nondiscriminatory terms and conditions. The two companies were embroiled in a similar dispute a few years ago.
Litigation Daily |News

InterDigital's CEO Wants Patent Licensing Dispute With China's Huawei to Be Arbitrated

Phillip Bantz | January 08, 2019

Huawei has accused U.S.-based InterDigital of violating an agreement to license patents that are essential to 3G, 4G and 5G wireless telecommunication standards on fair, reasonable and nondiscriminatory terms and conditions. The two companies were embroiled in a similar dispute a few years ago.
New York Law Journal |Analysis

Ambiguity in License Termination Provision Precludes Summary Judgment

Richard Raysman and Peter Brown | January 07, 2019

Technology Law columnists Richard Raysman and Peter Brown write: Ambiguity surrounding the termination provision of a software license is a frequent source of dispute. Imprecise wording, particularly with respect to the damages amount due upon breach, can often precipitate costly litigation centered on the interpretation of a mere handful of words in a license. They discuss a recent dispute of this nature decided by the U.S. District Court for the Southern District of New York.
New York Law Journal |Analysis

Limits on Recovering Legal Fees From Apartment Owners—Recent Developments

Eva Talel | December 31, 2018

Cooperatives and Condominiums columnist Eva Talel discusses a recent decision in which the First Department unanimously held, as a matter of law, that a proprietary lease providing for payment of attorney fees to a co-op even if it is the defaulting party is unconscionable and unenforceable as a penalty.
Daily Business Review |

Appellate Court Rules in Favor of MetroPCS in Arbitration Clause Conflict

Zach Schlein | December 27, 2018

The T-Mobile-owned wireless carrier's move for arbitration against a longtime customer will proceed following a favorable ruling from Florida's Third District Court of Appeal.
Litigation Daily |News

Judge Allows Bloomberg Breach-of-Contract Suit Against UBS to Move Forward

Colby Hamilton | December 19, 2018

U.S. District Judge Valerie Caproni said the financial firm's venue choice was sensible, and refused to dismiss three of the four breach-of-contract claims against UBS over its use of Bloomberg's proprietary data.
New York Law Journal |News

Bloomberg Breach-of-Contract Suit Against UBS Survives Dismissal Motion

Colby Hamilton | December 19, 2018

U.S. District Judge Valerie Caproni said the financial firm's venue choice was sensible, and refused to dismiss three of the four breach-of-contract claims against UBS over its use of Bloomberg's proprietary data.
The Recorder |News

SAP Can't Shake Antitrust, Copyright Suit From Former Joint Venture Partner Teradata

Ross Todd | December 13, 2018

Although a federal judge in San Francisco said that enterprise data analytics and warehousing company Teradata Inc. would have to describe its alleged trade secrets in more detail, he largely denied SAP's motion to dismiss its former partner's lawsuit.
The Recorder |News

Greenberg Traurig Team Scores $32M Alameda County Verdict in Trial Stemming from Ponzi Scheme

Jenna Greene | December 13, 2018

A team of high-profile litigators from Greenberg Traurig came out on top after a five-week jury trial, scoring a $32 million verdict in a dispute that stemmed from a scheme to import worthless home theater personal computer shells.
Litigation Daily |News

Greenberg Traurig Team Scores $32M Verdict in Trial Stemming from Brazen Ponzi Scheme

Jenna Greene | December 13, 2018

A team of high-profile litigators from Greenberg Traurig came out on top after a five-week jury trial, scoring a $32 million verdict in a dispute that stemmed from a scheme to import worthless home theater personal computer shells.
New Jersey Law Journal |News

Life Insurance Policy Ruled Off-Limits After Lawyer's Suicide

Charles Toutant | December 12, 2018

The case hinged on whether a policy restriction for suicide should not apply because of a claim the woman was induced by her medication to take her life.
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.
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 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.
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 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.
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.
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.
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.
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.
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.

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