News & Analysis as of

Breach of Implied Contract

Eighth Circuit Finds Standing in Data Breach Case for Privacy Policy Violation, Dismisses for Lack of Specificity

by Fenwick & West LLP on

The U.S. Court of Appeals for the Eighth Circuit has held that allegations that the security provisions of a privacy policy were violated are sufficient for standing in a data breach case, but that plaintiffs’ contractual...more

Ninth Circuit Purges Anti-SLAPP Motion for Contract Claims

by McDermott Will & Emery on

In an action involving the popular film series The Purge, the US Court of Appeals for the Ninth Circuit affirmed a district court denial of the defendants’ anti-SLAPP motion, holding that the plaintiff’s breach of...more

An Implied Contract Can Turn You “Inside Out” — Remember the Non-Confidential Disclosure Agreement

Denise Daniels has sued the Walt Disney Company in the Central District of California for breach of an implied-in-fact contract to compensate her for using her ideas in the movie Inside Out. Daniels alleges that she relied...more

Tenth Circuit Finds Citizen Petition Denial to be "Clear Evidence" of Conflict Preemption

A U.S. Court of Appeals has held that a Food and Drug Administration (FDA) denial of a citizen petition can be “clear evidence” of conflict preemption under the test set forth by the Supreme Court in Wyeth v. Levine, 555 U.S....more

Dismissal in Michael Stores Data Breach Case

In the latest decision on Article III standing in a data breach case, the U.S. Court of Appeals for the Second Circuit ruled that a credit card holder – who neither pleaded specific facts about the time or effort spent...more

Data Breach Lawsuit Survives Motion to Dismiss

by Bracewell LLP on

In an April 13, 2017 decision in Walters v. Kimpton Hotel, a California federal judge rejected the bid of hotel chain Kimpton Hotel and Restaurant Group, LLC to dismiss a proposed class action arising from a data breach last...more

CRTC Assesses Conspicuous Publication Basis of Implied Consent in CASL Enforcement Decision

by Bennett Jones LLP on

The CRTC released a compliance and enforcement decision, CRTC 2016-428, October 26, 2016, in which it found that Blackstone Learning Corp. committed nine violations of paragraph 6(1)(a) of Canada’s Anti-Spam Legislation...more

Summer Tendering Update: Reasonable Expectations and Negative Contingencies

by Bennett Jones LLP on

A recent decision from the Alberta Court of Queen’s Bench and Court of Appeal in Elan Construction considered and clarified two aspects of tendering law....more

Should You Litigate In Court or Arbitrate the Dispute?

by McNair Law Firm, P.A. on

Faced with the rising costs of doing business in our increasingly litigious society, today's employers are looking at any way to manage fees and costs associated with resolving disputes over employment decisions. Some of the...more

Employment Law - August 2016

Arbitrator or Judge? California Supreme Court Weighs in - Why it matters - Yet again, the California Supreme Court considered arbitration in the context of an employment agreement, this time reflecting on whether a...more

The Gloves Are Off: Competing Biopics Battle For Hollywood Purse

Hollywood’s heavy-hitters often enter the ring over unauthorized biographies. Elizabeth Taylor famously invoked her rights of publicity and privacy in an attempt to shut down an unofficial docudrama about her life; Clint...more

Risky Business: Implied Warranty of Design in Construction Manager at Risk Agreements

In Coghlin Electrical Contractors, Inc. v. Gilbane Building Company, the Massachusetts Supreme Court explored the applicability and scope of an implied warranty regarding the sufficiency of designs and specifications in the...more

Appellate Division Rules that Town Cannot Use Contract Law Provisions to Recover Taxes

by Bond Schoeneck & King PLLC on

In Town of Amherst v Brewster Mews Hous. Co., Inc and Town of Amherst v. Pepper Tree Hgts. Hous. Co., Inc. (4th Dept. 2015), the Appellate Division held that a taxing jurisdiction could not use contract remedies to recover...more

Evolving Litigation of Data Breach Claims

An Illinois circuit court judge has dismissed five of six claims in a consolidated class action against Advocate Health and Hospital Corporation arising from a data breach in July 2013. The judge’s dismissal with prejudice...more

Sony Data Breach Class Action Survives Motion to Dismiss Suit

by Pessin Katz Law, P.A. on

As previously reported upon by PK Law, Michael Corona and eight other individuals (“Plaintiffs”) filed a class action on March 2, 2015 against Sony Pictures Entertainment, Inc. (“Sony”). (U.S. District Court, Central District...more

Creative Use Of The California Anti-SLAPP Statute To Idea Submission Claims: Stay Tuned

by Kelley Drye & Warren LLP on

The Purge is a motion picture in which a fictional U.S. government has established an annual twelve hour period called “the purge” in which all crime is legalized and no emergency services are available. And, for the last...more

Business Litigation Reporter - May 2015

by Goodwin on

Lawsuit Dismissed Where Defendant Hulu Did Not “Knowingly” Disclose Personal Identifying Information. In In re: Hulu Privacy Litigation, 2015 WL 1503506 (N.D. Cal. March 31, 2015), the plaintiffs alleged that Hulu had...more

The Supreme Court’s Ginsberg Decision Could Significantly Affect the Outcome of Motor Carrier Preemption Cases

by Littler on

In a unanimous decision, the U.S. Supreme Court recently held that the Airline Deregulation Act (ADA) can preempt even common law claims for breach of the implied covenant of good faith and fair dealing if such claims relate...more

June 2013: Entertainment Litigation Update

California Appeals Court Decides for Defendants in Idea Theft Case. - While idea theft claims continue to proliferate in Hollywood, a recent decision from the California Court of Appeal bolsters defendants’ chances...more

Cars Lawsuit Runs Out of Gas

by BakerHostetler on

The United States Supreme Court recently brought final resolution to Mandeville-Anthony v. Walt Disney Co., a dispute over the ownership of Disney and Pixar’s animated movies “Cars” and “Cars 2,” and the spin-off television...more

Magistrate Recommends Dismissal with Prejudice of Claims Against Global Payments

by BakerHostetler on

Global Payments, which processes credit card transactions, announced on March 30, 2012 that an unauthorized person gained access to a portion of its processing system. Global Payments later disclosed that Track 2 data (card...more

California Employment Law Notes - January 2013

by Proskauer Rose LLP on

In This Issue: - $1.347 Million Award To Former General Counsel For Breach Of Implied Contract Is Upheld - Faigin v. Signature Group Holdings, Inc., 211 Cal. App. 4th 726 (2012) - $114,000 Pregnancy...more

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