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Contract Terms Litigation Strategies

Katten Muchin Rosenman LLP

Fifth Circuit Affirms Party's Strategic Maneuver to Compel Arbitration From Federal Court Even When Forum Clause Required Remand

In a notable clarification of removal and arbitration procedure, the Fifth Circuit in Odom Industries, Inc. v. Sipcam Agro Solutions, LLC, No. 24-60410 (5th Cir. June 4, 2025), held that a defendant may remove a case to...more

Seyfarth Shaw LLP

Enforcing U.S. Judgments in the Far East: Where to Start?

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You may have a judgment from a United States court against a Chinese company, and are about to contemplate the possibility of enforcing it in the far east. Prior to the commencement of your enforcement journey, perhaps you...more

DarrowEverett LLP

The Business Value of Engaging a Litigator Before You Are In Court

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The point when what began as a negotiation, or even a conversation, ripens into a full-blown lawsuit is rarely clear. Yet it is certainly clear that the courtroom is not where any of the parties to a once-promising business...more

McDermott Will & Emery

This Week in 340B: May 20 – 26, 2025

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Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

Jones Day

CJEU Ruling on Asymmetric Jurisdiction Clause Validity—Towards (un)Certainty?

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The Court of Justice of the European Union ("CJEU") recently issued an important ruling in the case of Società Italiana Lastre SpA (SIL) v. Agora SARL (C-537/23). The decision addresses the validity criteria of asymmetric...more

Warner Norcross + Judd

Spring Cleaning Your Dispute Resolution Terms and Conditions: Tips for Avoiding Mass Arbitrations

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Mandatory arbitration provisions, combined with class action waivers, are a common element of consumer-facing terms and conditions. Unfortunately, in recent years, plaintiffs’ counsel have moved from fighting these provisions...more

Felicello Law PC

Top 5 Pitfalls to Avoid in Arbitration Agreements

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Once you decide to arbitrate rather than litigate, the next crucial step is ensuring the arbitration agreement is well-drafted. While arbitration offers businesses a private, efficient, and flexible method for resolving...more

Segal McCambridge

The Key Role of Certificates of Merit in Defending Professional Liability Claims against Architects and Engineers

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Currently, the following 12 states require a Plaintiff to file a Certificate of Merit prior to or with a lawsuit alleging professional negligence against architects, engineers, and other licensed professionals. Certificates...more

Fenwick & West LLP

Navigating and Litigating 'Commercially Reasonable Efforts' Provisions: Considerations and Strategies for Tech & Life Sciences...

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Commercially reasonable efforts (CRE) provisions are a common feature in technology and life sciences agreements, particularly in development collaborations, licensing deals, and milestone-based contracts. ...more

Buchalter

Want to Ensure Arbitration in an E-Commerce World? Time To Refresh Your Website’s Terms of Service

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Recent court decisions have raised the bar for enforceable arbitration provisions in website Terms of Service (ToS) agreements. E-commerce businesses must ensure their website architecture and ToS design meet current legal...more

Foley & Lardner LLP

Clear Terms of Franchise Agreement Are Enforced Against Franchisee

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A recent federal court decision in T&T Management, Inc. v. Choice Hotels, Inc. underscores key contractual and operational considerations for franchisors. T&T filed suit in U.S. District Court for the District of Minnesota...more

Proskauer - The Patent Playbook

A Looming En Banc Decision with Potentially Damaging Consequences – EcoFactor v. Google

For anyone following the evolving admissibility standards for expert opinions relating to patent damages, the EcoFactor v. Google case is one to watch. In December 2024, the Federal Circuit granted Google’s petition for...more

McGinnis Lochridge

Winter Storm Uri and Force Majeure: The Legal Battles Continue

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Winter Storm Uri sent shockwaves through Texas, freezing gas supplies at a time of critical need and plunging the state into widespread power outages. In the aftermath, the courts have been flooded with force majeure claims,...more

Foley & Lardner LLP

Federal Court Rejects FCA’s “65%-100%” Language as Insufficient to Constitute the Necessary Quantity Term in a Requirements...

Foley & Lardner LLP on

A recent federal court decision marks an important win for automotive suppliers in the ongoing debate over what constitutes a valid requirements contract under Michigan law following the Michigan Supreme Court’s decision in...more

Bradley Arant Boult Cummings LLP

Don’t Be a Junkyard Dog: Put Your Agreements in Writing!

A federal judge in Louisiana has dished out some harsh criticism of contractors who don’t reduce their contracts to writing. The case involves the decommissioning of 26 orphaned oil and gas wells near Baton Rouge. The...more

ArentFox Schiff

Federal Court Holds That Pathology Group States Viable Claims Against Multiplan and Cigna for Failing to Ensure In-Network Payment

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A federal court recently rejected arguments by MultiPlan, Inc. and Cigna Health and Life Insurance Company that they had no obligation to ensure payments at the contractually negotiated, in-network rate to Anatomic and...more

Husch Blackwell LLP

Nevada Supreme Court Rules Email Constitutes a Written Agreement

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Nevada law requires taxpayers to meet certain prerequisites before seeking judicial review of a Nevada Tax Commission decision. Taxpayers must either pay the amount at dispute or enter into a written agreement with the Nevada...more

Zelle  LLP

Presuit Notice to Third-Party Adjuster Does Not Comply with Section 542A.003(a) of the Texas Insurance Code

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As a question of first impression, The United States District Court for the Northern District of Texas analyzed whether issuing pre-suit notice to a third-party adjuster satisfies Section 542A.003(a) of the Texas Insurance...more

Offit Kurman

Creative Ways to Avoid Litigation

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When disputes arise, parties very often go straight to filing a lawsuit. Sometimes, that tactic can be effective. However, it may not be so effective for those individuals or small businesses seeking to minimize costs. Costs...more

White & Case LLP

CJEU rules on Asymmetric Jurisdiction Clauses without closing uncertainty

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On 27 February 2025, the Court of Justice of the European Union (CJEU) issued a landmark decision (C-537/23) addressing the validity of asymmetric jurisdiction clauses under Article 25 of the Brussels Recast Regulation. While...more

DLA Piper

Ninth Circuit Issues First Published Opinion Addressing Mass Arbitration

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The US Court of Appeals for the Ninth Circuit issued its first published opinion addressing mass arbitration on February 28, 2025, following the court’s decision in Heckman v. Live Nation Entertainment, et al., 120 F.4th 670...more

Maynard Nexsen

Lessons in Limitation – Contractual Limitations Provisions as a Basis for Summary Judgment

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In recent weeks, our firm obtained summary judgment under a contractual limitations provision that the plaintiff-insured argued had been equitably tolled due to the insurance carrier’s conduct. Although the good guys won, the...more

Carlton Fields

New York Court of Appeals Upholds Web-Based “Clickwrap” Agreement to Affirm Order Compelling Arbitration, Including Threshold...

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In January 2021, Uber emailed millions of its users informing them that they would be prompted to agree to updated terms of use (available by hyperlinks) in order to continue using the ride-sharing service. The plaintiff, a...more

Katten Muchin Rosenman LLP

If You Wanted Heat, You Should Have Put It In The Lease

A D.C. hospital operator's effort to get its HVAC system upgraded has backfired in nightmarish fashion for the operator. Hospital operator DCA leased its Northeast D.C. premises from Capitol Hill Group starting in late...more

Pillsbury - Policyholder Pulse blog

The Ninth Circuit Wants Everyone to Stop Forgetting About the Appraisal Provision

Policyholders, don’t lose track of the appraisal provision in your insurance policies. At least that is what the panel in 50 Exch. Terrace LLC v. Mt. Vernon Specialty Ins. Co. seemed to be saying. There, the Ninth Circuit...more

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