News & Analysis as of

Partial Summary Judgments Breach of Contract

Lewitt Hackman

Franchisor 101: Promises to Prospectives

Lewitt Hackman on

A federal district court in New Jersey denied Travelodge Hotels’ motion for partial summary judgment against a former franchisee, holding there are genuine issues of fact as to Travelodge’s breach of contract claims....more

AEON Law

Patent Poetry: Court Awards $500K in Attorneys’ Fees to Allstate in Trade Secret Case

AEON Law on

A New Jersey federal court has ruled in favor of Allstate Insurance in a dispute over attorney’s fees in a case involving allegations of employee misuse of company confidential information and trade secrets. Defendants...more

McDermott Will & Emery

Publisher’s Co-Authorship Claim Arises Under Copyright Act, Invoking Exclusive Federal Jurisdiction

McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit reversed a district court’s dismissal of a copyright authorship dispute, finding that the district court had exclusive jurisdiction over the case because a book publisher’s claim...more

White and Williams LLP

What’s the Gist? Massachusetts Court Looks Past the Labels to the Gist of the Plaintiff’s Allegations to Find Claims Barred by the...

White and Williams LLP on

In Lennar Northeast Props. v. Barton Partners Architects Planners, Inc, C.A. No. 16-cv-12330-ADB, 2021 U.S. Dist. LEXIS 11800, the United States District Court for the District of Massachusetts considered whether a property...more

Dickinson Wright

The Court of Appeal’s Plea to Motions Scheduling Judges: Stop Letting Parties Waste Judicial Resources with Partial Summary...

Dickinson Wright on

On December 12, 2020, the Ontario Court of Appeal released its decision in Malik v. Attia, 2020 ONCA 787. In this case, the Court of Appeal sent a clear message to judges scheduling motions for partial summary judgment: stop!...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor: Ohio State Court Affirms Dismissal of Bad Faith and Punitive Damages Claim

In Shah v. Metropolitan Life Ins. Co., 2019 U.S. Dist. LEXIS 25695 (S.D. Ohio Feb. 19, 2019), the U.S. District Court for the Southern District of Ohio dismissed a plaintiff insured's bad faith and punitive damages claims...more

Fox Rothschild LLP

Not An Offer He Can’t Refuse

Fox Rothschild LLP on

N.C. Business Court Dismisses Two Contract Claims on Summary Judgement for Lack of Mutuality- In separate cases, the North Carolina Business Court answers the question: When exactly is a contract formed? The Court reminds...more

Carlton Fields

Years-Long Asbestos Reinsurance Battle Continues For Utica And Century, Including Whether Century Must Follow The Fortunes Of...

Carlton Fields on

In 2013, Utica Mutual Insurance Company (the cedent) filed a complaint alleging that Century Indemnity Company (the reinsurer) (1) breached two reinsurance certificates executed between the parties covering the years 1973 and...more

Morris James LLP

Court Of Chancery Refines Choice Of Law Analysis For Employment Agreements

Morris James LLP on

Nuvasive Inc. v. Miles, C.A. 2017-0720-SG (September 28, 2018) - Delaware will enforce non-compete agreements against former employees, but generally California law bars such agreements. ...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | June 2018 #3

Proposal Would Move Food Regulation to USDA - As part of a proposal to reorganize several federal agencies, the Trump administration has recommended that food-safety regulatory oversight be shifted to the U.S. Department...more

Troutman Pepper

Federal Court Holds That Under Louisiana Law, Actual Notice Of Cause Of Delay Satisfies Contractual Notice Requirement Despite...

Troutman Pepper on

Parkcrest Builders, LLC v. Hous. Auth. of New Orleans, 2017 U.S. Dist. LEXIS 125012 (E.D. La. August 8, 2017) - The Housing Authority of New Orleans (“the Authority”) contracted with Parkcrest Builders, LLC (“Parkcrest”)...more

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