Litigation-Business
Are Contractor Agreements Not Worth the Paper They’re Printed On?
Insight
A recent ruling in an Alabama federal court illustrates how having a valid independent contractor agreement is not necessarily an impenetrable magic shield automatically rendering misclassification claims null and void, according to Fisher Phillips’ Gig Employer Blog.
Judge Hears Arguments for Tossing Neiman Marcus Fraud Lawsuit
News
“This is a $1 billion fraudulent transfer case,” an opposing lawyer told the state district judge.
Lawsuit: Trump Family-Planning Rule ‘Politicizes’ Medicine
News
The new Department of Health and Human Services rule would prohibit family planning clinics funded by the federal Title X program from making abortion referrals.
Zapproved Introduces Proportionality Volume of Ediscovery Case Law Summaries
Insight
This volume includes 17 cases analyzing the boundaries of the scope of discovery and proportionality under the amended Federal Rules of Civil Procedure.
California Attorney in Hot Water for Sexist Insult of Judge
News
A California attorney is in professional trouble for calling the ruling of the female judge in his case “succubustic,” among a host of other insults, according to Bloomberg Law.
‘Just What Was Needed’: Another Way to Waive a Right to Arbitrate
Insight
At least two New York State trial courts found that an unexcused default in responding to a summons and complaint can be deemed a waiver of a contractual right to arbitrate, according to Mintz, Levin.
Lead Lawyer in Roundup Trial Draws Quick Sanction for Opening Statement ‘Misconduct’
News
The plaintiff attorney intentionally violated court orders not to reference evidence blocked from the first part of the trial, the federal judge ruled.
New Survey Results: 264 Federal Judges Report on Litigation Practices
Insight
More than 250 active and recently retired federal judges responded to a recent Exterro survey on how they would like legal teams to manage litigation/e-discovery processes in their courtrooms.
Texas Supreme Court Ruling on Attorney-Client Privilege Can Benefit Insurers
News
The ruling is significant to Texas because it aligns the state with the federal rules on expert disclosure and production.
Court Agrees General Counsel Was Fired for Whistle-Blowing; Upholds $8 Million Verdict
News
The 9th Circuit ruled that the former general cousnel had acted as a whistle-blower and was dismissed in retaliation for reporting conduct that he “reasonably believed” to be illegal.
Law Firm Sues Associate Who Quit After 1 Year
News
Above the Law reports on a law firm’s breach-of-contract lawsuit against an associate who wants to leave the firm.
U.S. Supreme Court Asked to Review Zero Emissions Credit Schemes
Insight
if the Supreme Court accepts the zero emission credits cases, it could clarify the scope of FERC’s authority to preempt state policy goals that interfere with the operation of wholesale markets, according to Verrill Dana LLP.
Contracting to Avoid Tort-Based Punitive Damages Awards
Insight
Damages for breach of contract are normally constrained by common-law rules designed to compensate the non-breaching party for the nonperformance of the breaching party, rather than to punish the breaching party.
Turbulence on Breach of Employment Agreement, Trade Secret Misappropriation
Insight
The Fourth Circuit found that the ex-employee had not breached the non-compete clause because his role at his new employer was not sufficiently similar to constitute a breach.
$43M Awarded to Intellectual Ventures I LLC in Patent Infringement Trial
News
The jury also determined T-Mobile and Ericsson failed to provide convincing evidence that Intellectual Ventures’ claims involving the patents were invalid.
Army Vet Files Lawsuit Over Hearing Damage from Defective 3M Earplugs
News
An Army combat veteran in Utah has filed a lawsuit against 3M, seeking damages for permanent hearing loss caused by defective earplugs and alleging that the manufacturer doctored test results to win a government contract.
Roberts Again Sides With Liberal Supreme Court Justices in Disagreeing With Lower Court Interpretations
News
Chief Justice John G. Roberts Jr. has sided with liberal Supreme Court justices in cases involving the death penalty and abortion access, reports The Washington Post.
Judge Dismisses Pipeline Operator’s Racketeering/Defamation Suit Against Greenpeace
News
“Posting articles written by people with similar beliefs does not create a RICO enterprise,” a federal judge wrote in his dismissal order.
MoFo Faces Overbilling Lawsuit Alleging ‘A Billing Feeding Frenzy’
News
Plaintiffs allege that Morrison & Foerster had 34 different timekeepers bill 669 hours at a cost of $484,321 during a two-month period.
Dallas Quadriplegic Crash Victim Wins $37.6 Million in Seat Belt Suit
News
The plaintiff claimed Honda’s design for the seat belt in the third row of the minivan’s middle seat is defective.
