A federal court in California recently granted partial summary judgment in favor of a distributor of wine corks for breach of an exclusivity provision following the supplier’s sale of certain corks in the United States. M.A....more
A cease-and-desist letter is a warning to businesses or individuals to stop certain harmful actions. The letter may even threaten legal action if the recipient does not comply. If you receive a cease-and-desist letter,...more
With the New Year comes new medical staff leaders and a new set of growing pains. Contrary to what many of us believe, some simple steps can lessen the pain. ...more
Addressing an issue of damages, the US Court of Appeals for the Ninth Circuit vacated the district court’s grant of punitive damages in favor of the plaintiff, finding “passion and prejudice” mitigated finding of “malice”....more
Tax service franchisor, H&R Block, was recently vindicated in having terminated a franchisee for violating an in-term non-compete covenant. A United States District Court granted the franchisor summary judgment in Devore v....more
Bass, Berry & Sims attorney Chris Lazarini analyzed a case questioning whether a breach of contract occurred. The court, in interpreting a contract, must determine the intent of the parties from the language used in the...more
Reversing a 2-1 decision of the North Carolina Court of Appeals, the state’s Supreme Court held unanimously that an assets purchase-and-sale contract containing an unreasonable territorial non-competition restriction is...more
Counter-defendants claimed that counterclaims 1(breach of contract), 4(breach of duty of loyalty), 5(tortious interference with contractual relations) and 6 misappropriation of trade secrets) are procedurally improper. The...more
A former Ph.D. student sued the University of Michigan and several faculty members after the university removed him from the Ph.D. program. Joseph Dean Vigil failed to complete his dissertation and Ph.D. requirements within...more