What is Wrongful Termination in Arizona?
The seven cases include issues about the following topics:
- breach-of-contract issues under a gas-purchase agreement
- applicability of the open-records laws to a nonprofit entity
The right to enforce a covenant not to compete may be lost when the employer first violates the terms of the same agreement, says a New York appeals court. In Fewer v. GFI Grp. Inc. et al., 124 A.D.3d 457, 2015 WL 176227...more
District court dismisses breach of contract and breach of guaranty claims against Warner Bros. based on Oscar-winning motion picture Gravity, holding that plaintiff Terry Gerritsen, author of novel by same name, failed to...more
Earlier this month, U.S. District Judge John E. Jones III in the Middle District of Pennsylvania completely adopted the “extremely thorough, well-reasoned” recommendations of a U.S. Magistrate Judge and dismissed almost all...more
Sure, there are lots of viral YouTube videos. There’s Katy Perry’s left shark, the owls dance off and of course the kitten sup-purr bowl, but it might surprise you to learn that YouTube removed a video for being too...more
The temptation happens often: the deal is done, the ink is dry, the contract is finalized…then someone gets cold feet. Buyers don’t want to buy, sellers don’t want to sell, money gets tight, titles can’t be delivered, etc....more
From Minnesota comes a delicious reminder that the protection of trade secrets requires consideration of a company’s entire intellectual property strategy. Without such a comprehensive strategy, in the most prosaic of terms,...more
In its recent decision in Spandex House, Inc. v. Travelers Property Cas. Co. of America, Inc., 2015 U.S. Dist. LEXIS 14667 (S.D.N.Y. Feb. 6, 2015), the United States District Court for the Southern District of New York had...more
No project is truly complete before one party accuses the other of “breach of contract”.
Often the initial accusation is an attempt to scare the other party into action, to compel it to perform to the word of the...more
Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more
International companies with operations in France, or those that conduct regular business with French commercial partners, should be aware that their longtime French commercial partners could be entitled to claim compensation...more
In lawsuit brought by family of guitarist Randy Rhoads against writer and publisher of his biography, California appellate court affirms lower court denial of anti-SLAPP motion as it relates to family's breach of contract...more
Armstrong Pump, Inc. v. Hartman, 2014 WL 6908867 (W.D.N.Y. Dec. 9, 2014).
In this patent case, the plaintiff claimed that the defendants breached their license agreement. The defendants had previously filed a motion to...more
On Dec. 3, 2014, the Division of Enforcement of the U.S. Securities and Exchange Commission brought an enforcement action against two former top executives of Assisted Living Concepts LLC, a large provider of senior living...more
Recently, the Supreme Court of Texas examined whether a buyer of used goods may assert claims based on the implied warranty of merchantability. See MAN Engine & Components, Inc. v. Shows, 434 S.W.3d 132 (Tex. 2014). ...more
In order to obtain a an injunction under federal law, the moving party has to show each of the following...
(i) It has a likelihood of success on the merits of its claim.
(ii) Without injunctive relief, it would...more
In Elm Ridge Exploration Co., LLC v. Engle we are reminded of a little-used provision in the 1989 Model Form Operating Agreement. Article VI.D.1 allows the operator to use its own equipment, but his charges may not exceed...more
When a contract spells out that its obligations are to be carried out in a “commercially reasonable best efforts” manner, it will be harder to argue there is any gap that the covenant of good faith and fair dealing may fill....more
This decision explains how various liability theories in a complaint relate to one another so as not to be duplicative. For example, a breach of fiduciary duty claim will be dismissed when it relies on the same facts as a...more
Bait-and-Switch Credit Card Offer -
In a variation on the typical “bait-and-switch” scheme, a bank made a promotional offer of a “no annual fee” credit card, then changed the terms mid-year to require such a fee. A...more
In this issue:
- Does Quality Contract Drafting Matter?
- Shall I Dispense with ‘Shall’? Not Entirely
- Interview with a Commercial Litigator
- World of Boxing LLC v. King
- Comments to a...more
On January 9, 2015, the U.S. Court of Appeals for the 8th Circuit handed down Philadelphia Consolidated Holdings Corp. v. LSi-Lowery Systems, Inc., which decided whether a technology company’s claim was covered under its...more
Fox Broadcasting Company v. Dish Network LLC - USDC, C.D. California, January 12, 2015 -
District court grants in part and denies in part cross-motions for summary judgment, finding that Supreme Court’s recent Aereo...more
Alban v. Bank of Am. Corp., 2014 WL 6704293 (N.D. Ill. Nov. 24, 2014).
In this breach of contract case, the defendants sought a motion to compel and sanctions against the plaintiffs for failing to produce data...more
Safeway Must Pay Customers for Higher Online Prices -
A California federal court judge has ruled in a breach of contract suit that Safeway is liable to customers who paid more for items online than in the store. ...more
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