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Commercial Contracts
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July 28, 2025
Gun Exclusion Prevents Coverage For Ga. Bar Shooting Suits
An insurer has no duty to defend or indemnify a bar against underlying suits over a shooting that injured several patrons, a Georgia federal court ruled, finding that a firearms exclusion in the bar's commercial general liability policy precludes coverage.
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July 28, 2025
Walmart Makes Deal After $223M Loss In Trade Secrets Trial
Walmart Inc. has reached a settlement with Zest Labs Inc. to end a suit accusing the retail behemoth of using Zest Labs' trade secrets related to shelf-freshness technology after a jury awarded the company $223 million in damages, according to a Monday court order.
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July 28, 2025
Midstream Co. Says Contractor Caused $8M Spill In La.
A Louisiana midstream company has told a Harris County court that a contractor tasked with controlling operations on a frac tank caused an $8 million oil spill, asking the court to order the contractor to reimburse it for the spill.
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July 28, 2025
Garbage Truck Co. Fights $58.9M Verdict, Seeks New Trial
A garbage truck manufacturer hit with a $58.9 million verdict for allegedly poaching a fleet management company's executive to create a competing business has asked an Illinois federal court for a new trial or a damages reduction, saying the plaintiff presented a speculative lost-profits damages theory.
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July 28, 2025
Broker's Countersuit Says Ex-Worker Tried To Poach Clients
An insurance brokerage being sued by an ex-employee who says his former boss broke a promise to sell him a local agency alleges in its own Pennsylvania state court lawsuit that the employee had actually been scheming to steal clients from the brokerage and take them to a new firm.
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July 28, 2025
NC Rep.'s CBD Co. Hits Biz Partners With $1.6M Counterclaim
Asterra Labs LLC, a hemp and CBD company run by North Carolina State Rep. John Bell, has filed a $1.6 million counterclaim against companies that alleged this month that Asterra used Bell and others' political influence to coerce them into a bad deal, asserting it was the plaintiffs who defrauded Asterra and others.
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July 28, 2025
Colorado Oil Co. Says It Was Cheated Out Of $4M In Profits
A Colorado oil and gas company claims the successors to a gas production agreement it had with BP American Production Co. underpaid its share of revenue by more than $4 million between 2019 and 2022.
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July 28, 2025
Fla. Firm Must Pay $320K Sanction For Not Probing IP Claims
Peter Ticktin and Ticktin Law Group PA have been ordered by a Florida federal judge to pay roughly $321,000 in attorney fees as a sanction for "flagrant conduct" involving their failure to properly investigate patent infringement claims filed on behalf of a client related to smart glass technology.
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July 28, 2025
Catching Up With Delaware's Chancery Court
A Delaware vice chancellor last week sent several coordinated derivative suits seeking millions of dollars in damages from AT&T to trial and also chose a boutique firm to lead a potential "blockbuster" suit challenging a take-private deal of a sports and entertainment group after "heated" attacks between competing counsel.
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July 28, 2025
Attys Behind Pot Biz Say No Default In $60M Loan Suit
A pair of attorneys with Loevy & Loevy have urged a New York federal court to throw out a lawsuit alleging they defaulted on and redirected funds from $60 million in loans for a cannabis development, saying a federal judge in New Jersey found in a related case that there was no default.
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July 25, 2025
Texas Justices Leave Atty Fees In UDJA Cases Alone, For Now
The Texas Supreme Court declined to take up a case dealing with attorney fees in suits where a court defines a legal relationship, but in a Friday opinion one justice wrote that the court will eventually need to address how jurisdiction plays into the issue.
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July 25, 2025
Sports & Betting Cases To Watch In The Second Half Of 2025
Certain court cases have become staples on both the midyear and end-of-year must-watch lists in sports and betting at Law360. One that seemed best positioned to finally fall off the list, as it turns out, is far from over: the multibillion-dollar NCAA settlement regarding name, image and likeness payments and revenue sharing with hundreds of thousands of college athletes. A handful of other suits from past years will also continue to bear watching through the end of 2025.
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July 25, 2025
4th Circ. Sends Power Plant Labor Row Back To Arbitration
The Fourth Circuit ruled Friday that Wheeling Power Co.'s attempt to vacate an arbitrator's finding of liability in favor of a coal plant's labor union was premature because the decision wasn't final when Wheeling Power took the issue to court.
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July 25, 2025
NY Court Sides With Junior Investors In RMBS Trust Dispute
A New York state court resolved a dispute between bondholders in 34 residential mortgage-backed securities trusts about how to handle repayment of principal amounts deferred during the 2008 financial crisis, siding with junior bondholders after a 17-day bench trial.
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July 25, 2025
Insurer Says No Defense Owed In Trench Injury Suit
Secura Insurance Co. filed suit Friday asking an Illinois federal court to declare it should not be on the hook for a man's trench injury lawsuit, because the policy it sold to a plumbing company does not cover two other companies alleged to have created a dangerous environment in the trench.
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July 25, 2025
Current And Former Astros Owners Settle On 2nd Day Of Trial
A multimillion-dollar dispute between the current and former owners of the Houston Astros has been settled on the second day of trial.
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July 25, 2025
Property Owner Claims Partner Failed To Develop SC Land
A South Carolina property owner sued its business partner in North Carolina federal court, accusing the company of failing to carry out its promise to develop about 75 acres of land after the county designated the area as historic.
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July 25, 2025
'Yellowstone' Creator's Ranch Dispute Heading Back To Trial
A Texas appeals court affirmed a finding that the former owner of a $10 million ranch knew about a roof leak before selling the property to "Yellowstone" creator Taylor Sheridan, but found there was insufficient evidence to back up a jury's damages award and ordered a new trial.
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July 25, 2025
Punitive Damages Denial Stands In Jack Nicklaus' Fla. Suit
A Florida state judge has rejected legendary golfer Jack Nicklaus' motion to reconsider the denial of a punitive damages claim in a defamation suit against a company Nicklaus founded and two of its officers.
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July 25, 2025
Wellpath Creditors' Bid For Ch. 11 Plan Releases Nixed
A Texas bankruptcy judge Friday ruled that creditors who elected to give releases to non-debtor third parties under prison health care group Wellpath's Chapter 11 plan were not entitled to a release of claims that Wellpath had against them.
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July 25, 2025
Caterpillar Unit Urges 11th Circ. To Revive Loan Default Suit
Caterpillar Inc.'s lending division urged the Eleventh Circuit on Friday to undo a Florida federal judge's dismissal of a suit to recover $4.8 million in loans to a construction machinery seller, arguing its case should go forward even if it hadn't filed "the platonic ideal of a complaint."
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July 25, 2025
Fed. Circ. Punts $17M Drug Arbitration Case To 2nd Circ.
The Federal Circuit said Friday it lacked jurisdiction over a dispute over a $16.6 million arbitral award between two drugmakers, ruling that because it was being asked to consider an arbitration issue and not a patent law issue, the Second Circuit must hear the case.
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July 25, 2025
Law Prof Claims UPitt Mishandled Assault Allegations
A University of Pittsburgh School of Law professor has sued the school and a colleague in Pennsylvania state court, claiming the school mishandled the colleague's accusation of sexual assault against him by failing to follow its own procedures and not taking exculpatory evidence from him.
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July 25, 2025
Historic Conn. Soda Co., Ex-President Settle Unfair Lease Suit
The former president of a century-old Connecticut soft drink company has agreed to settle a lawsuit he filed in state court after he became a minority owner in the company following purchases of company stock by family members.
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July 25, 2025
Hospital Giant To Pay $3.5M Over Nurse Training Repayments
HCA Healthcare Inc., a major U.S. hospital operator, has agreed to pay roughly $3.5 million to settle claims that it unlawfully trapped new nurses in agreements requiring them to repay training costs if they left their jobs within two years, according to a trio of state attorneys general.
Expert Analysis
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Pier Pressure: Contract Takeaways From Pa. Ocean Liner Suit
The settlement that resolved the fate of the landmark SS United States ocean liner illustrates important lessons on managing contract disputes, illuminating common trade-offs such as the choice between deferred legal risk and the cost of legal foresight, says Christopher Seck at Squire Patton.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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How FAR Council's Proposal May Revamp Conflicts Reporting
The Federal Acquisition Regulatory Council's recent proposal for updating organizational conflict of interest rules includes some welcome clarifications, but new representation and disclosure obligations would upend long-standing practices, likely increase contractors’ False Claims Act risks, and necessitate implementation of more complex OCI compliance programs, say attorneys at Wiley.
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Navigating Title IX Compliance In The NIL Era
As universities push to move more name, image and likeness activity in-house, it's unclear how the NCAA and its members will square implementation of the House settlement with Title IX requirements, say attorneys at Buchanan Ingersoll.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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DeepSeek AI Investigation Could Lead To IP Law Precedents
The investigation by OpenAI and Microsoft into DeepSeek's artificial intelligence model raises interesting legal concerns involving intellectual property and contract law, including potential trade secret appropriation and fair use questions, say Saishruti Mutneja and Raghav Gurbaxani.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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What Contractors Can Do To Address Material Cost Increases
In light of the Trump administration's plans to increase tariffs on Mexico, Canada and China, construction industry players should proactively employ legal strategies to mitigate the impacts that price increases and uncertainty may have on projects, says Brenda Radmacher at Seyfarth Shaw.
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Del. Ruling Further Narrows Scope Of 'Bump-Up' Exclusion
The recent Delaware Superior Court ruling in Harman International v. Illinois National Insurance offers a critical framework for interpreting bump-up exclusions in management liability insurance policies, and follows the case law trend of narrow interpretation of such exclusions, says Simone Haugen at Tressler.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz
Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.