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5th Circuit Analyzes 'Best Efforts' Clauses in Contract Actions
As any litigator will attest, the Erie doctrine and Rule 12(b)(6) of the Federal Rules of Civil Procedure loom large well beyond first-year law school curriculum. In a case that has already made its way to one Texas law school's curriculum, the 5th U.S. Circuit Court of Appeals invoked both the doctrine and the rule in a decision involving the enforceability of "best efforts" clauses in breach of contract actions.Wal-Mart Stuck With $172M Lunch Tab
An Oakland, Calif., jury Thursday whacked Wal-Mart Stores Inc. with a $172 million verdict -- including $115 million in punitive damages -- for failing to provide a class of about 200,000 employees with legally mandated meal breaks. The verdict is the largest ever in a meal-break class action in California, said one of the attorneys representing the plaintiff class. The employment bar has been closely watching such class actions, which are seen as an area of great potential liability for employers.
5th Circuit Analyzes 'Best Efforts' Clauses in Contract Actions
As any litigator will attest, the Erie doctrine and Rule 12(b)(6) of the Federal Rules of Civil Procedure loom large well beyond first-year law school curriculum. In a case that has already made its way to one Texas law school's curriculum, the 5th U.S. Circuit Court of Appeals invoked both the doctrine and the rule in a decision involving the enforceability of "best efforts" clauses in breach of contract actions.Weyerhaeuser Faces $458M Judgment
A federal bankruptcy judge in Atlanta has levied a $457.8 million judgment against one of the world's largest forest products companies. Judge Margaret H. Murphy found that, by failing to have licenses for patents, Weyerhaeuser Co. violated contract warranties when it spun off its disposable diaper division as a "liability-laden subsidiary." The judge chastised Weyerhaeuser for producing a generic disposable diaper that infringed on patents held by competitors Procter & Gamble and Kimberly-Clark.Wal-Mart Hit With $172M Lunch Tab
An Oakland, Calif., jury Thursday whacked Wal-Mart Stores Inc. with a $172 million verdict -- including $115 million in punitive damages -- for failing to provide a class of about 200,000 employees with legally mandated meal breaks. The verdict is the largest ever in a meal-break class action in California, said one of the attorneys representing the plaintiff class. The employment bar has been closely watching such class actions, which are seen as an area of great potential liability for employers.Closing Arguments Heard in Pa. Wal-Mart Break-Time Class Action
A Philadelphia jury heard closing arguments Tuesday in the Pennsylvania incarnation of a series of class actions across the country claiming Wal-Mart failed to compensate workers for missed breaks. Local class counsel Michael Donovan stressed that the case was a fight between haves and have-nots, while lead defense attorney Neal Manne implied the class representatives are less-than-credible disgruntled ex-employees. Suits in other states have resulted in millions for current and former Wal-Mart employees.
Bernstein Awards Wal-Mart Workers $62 Mil.
A Philadelphia judge has awarded an additional $62 million in statutory liquidated damages to 124,506 current and former Pennsylvania employees of retail titan Wal-Mart who a Philadelphia jury found were not properly compensated for off-the-clock work and missed rest breaks.Trending Stories
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