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Enforcement Motion to Dismiss

Freiberger Haber LLP

Intent is Important in Determining Third-Party Beneficiary Status

Freiberger Haber LLP on

“A third-party beneficiary … is a person or entity that receives benefits from a contract between two other parties, even though they are not a party to the contract.” The concept of a third-party beneficiary stems from the...more

Pillsbury Winthrop Shaw Pittman LLP

New York District Court Holds Teaming Agreements May Be Enforced

The ruling indicates that selecting New York law may increase the likelihood that the terms of a well-written teaming agreement will be enforced. Government contractors will find the New York Court’s recent denial of a...more

Fuerst Ittleman David & Joseph

Florida Nursing Home Negligence Update: Florida’s Fourth District Court of Appeal quashes denial of motion to dismiss nursing home...

On August 9, 2023, in Preston v. The Estate of Romanoff, No. 4D23-282 (Fla. 4th DCA August 9, 2023), Florida’s Fourth District Court of Appeal granted a petition for writ of certiorari and quashed the trial court’s order...more

Proskauer - Whistleblower Defense

District of NJ: Federal Courts Lack Jurisdiction to Enforce Preliminary Reinstatement Orders Under SOX

On April 19, 2023, the U.S. District Court for the District of New Jersey granted the defendant-employer’s motion to dismiss a complaint seeking court enforcement of a preliminary reinstatement order after determining that...more

Foley & Lardner LLP

Foreign Holders of Arbitral Awards May Add a RICO Claim to Their Enforcement Arsenal

Foley & Lardner LLP on

On June 22, 2023, in a 6–3 decision authored by Justice Sotomayor, the United States Supreme Court held that a foreign national-holder of a foreign arbitration award, which was recognized in the United States, can assert a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Pretreatment Enforcement Discretion/Clean Water Act: Federal Court Addresses Massachusetts Water Utilities Motion to Dismiss

The United States District Court of Massachusetts (“Court”) addressed in a February 17th Memorandum and Order (“Memorandum”) an issue arising out of a Clean Water Act citizen suit action. See Conservation Law Foundation,...more

Perkins Coie

New York Cannabis Co. Investor Suit Survives Motion To Dismiss

Perkins Coie on

The District Court for the Western District of New York denied a motion on January 6, 2023, to dismiss claims alleging that a publicly traded company misled investors regarding an investigation by the U.S. Securities and...more

White and Williams LLP

Where-Forum Art Thou? Is the Chosen Forum Akin to No Forum at All?

White and Williams LLP on

Many courts enforce forum selection clauses in contracts between parties. In W. Bay Plaza Condo. Ass’n v. Sika Corp., No. 3D21-1834, 2022 Fla. App. LEXIS 1637 (W. Bay Plaza), the Court of Appeal of Florida, Third District...more

Foley & Lardner LLP

Securing Home-field Advantage: Michigan Federal Court Reaffirms Enforceability of Forum-selection Clauses in Franchise and...

Foley & Lardner LLP on

Forum-selection clauses matter in franchise disputes — especially in disputes venued in federal court. Just ask Williams Insurance & Consulting, Inc., a franchisee recently booted from its chosen forum in a lawsuit it brought...more

Holland & Hart - The Benefits Dial

I Feel Good… I Knew That I Would… Wellness Program Reminders

With employers considering the imposition of health plan premium surcharges on participants who are COVID unvaccinated, a recent court decision highlights the importance of complying with the HIPAA wellness program...more

Akin Gump Strauss Hauer & Feld LLP

California: Parties, Not Attorneys, Must Request Court to Retain Jurisdiction to Enforce Settlement

• The California Court of Appeal held that under Civil Procedure Code 664.6, a request for a court to retain jurisdiction to enforce a settlement agreement must be made: (1) during the pendency of the case, not after the case...more

Patterson Belknap Webb & Tyler LLP

That Settles It: Attorney Emails Can Create an Enforceable Settlement Agreement

In 2010, Lehman Brothers Special Financing Inc. (“Lehman”) commenced an adversary proceeding against Shinhan Bank (“Shinhan”) to avoid and recover pre-bankruptcy transfers made to the South Korean bank. In 2015, while a...more

Holland & Knight LLP

D.C. Circuit Rejects Challenge to FAA's Drone Policy as Premature

Holland & Knight LLP on

On Friday, the D.C. Circuit granted the FAA's motion to dismiss a petition for review involving its enforcement policy on unmanned aerial systems, also referred to as drones. The petition was filed by Texas Equusearch, a...more

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