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Illinois Appellate Court Rejects Law Firm's Reliance on Arbitration Provision, Clearing the Way for Malpractice Action

"The arbitration provision at issue here was drafted by defendants and was never discussed with plaintiff. While defendants discussed several of the other material terms of the attorney-client agreement with plaintiff—such as the amount of the fee, the nature of a contingent fee agreement, and the intended scope of work—defendants never mentioned anything about the arbitration clause," Justice Nathaniel R. Howse Jr. said.
4 minute read

New York Law Journal

Plaintiff Who Hasn't Paid Legal Bills Can't Pursue Equitable Relief in Malpractice Claim, Judge Rules

"The overarching flaw in plaintiff's case is that her breach of contract claim is premised upon a contract she alleges [...] is itself hopelessly flawed," the judge wrote.
3 minute read

Texas Lawyer

From 'Loper' to 'Ryan': Noncompetes Live to Fight Another Day

"The court's ruling gives employers a reprieve to continue using noncompetes. But the question remains: Will noncompetes remain a viable business tool in the U.S.?" writes Kristopher D. Hill of Bell Nunnally.
6 minute read

New York Law Journal

Injunctive Relief Freezing Defendant's Assets Requires More Than Suspicion: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Conlon Holdings LLC v. Chanos & Company" which illustrates that "courts are reluctant to grant prejudgment injunctions based on mere allegations by a claimant that a defendant or respondent intends to dissipate assets."
13 minute read

Daily Business Review

Homebuilder Hit With Multiple Suits in Florida State Courts Alleging Construction Defects

These suits were surfaced by Law.com Radar, ALM's source for immediate alerting on just-filed cases in federal and state courts. Law.com Radar now offers state court coverage nationwide. Sign up today and be among the first to know about new suits in your region, practice area or client sector.
2 minute read

Law.com

Hip-Hop Artists Face Breach of Contract Claims After Toronto Music Festival Postponed

The promoter, Remo Palladini, filed breach-of-contract complaints on Aug. 27 in the Supreme Court: County of New York. Palladini is represented by Christopher Cardillo, an attorney at Block, Longo, LaMarca and Brzezinski in New York. Counsel for the defense has not yet appeared.
3 minute read

Law.com

Judge Sides With Study Abroad Organization, Dismissing Student's Refund Request After Program Changes During Pandemic

A federal judge in Illinois dismissed a college student's request for a partial refund after a European study abroad program was cut short because…
3 minute read

New York Law Journal

Balancing Roots and Rights: Innovating Marital Residence Provisions in Prenuptial Agreements

One of the most significant, and oftentimes complex, pieces of prenuptial agreement negotiations relates to residences purchased during the marriage. A creative and proactive approach is called for.
8 minute read

National Law Journal

'Immediate Threat'?: Md. Supreme Court Revives Medical Doctor's Breach-of-Contract Lawsuit

The Maryland Supreme Court ruled a "reasonable juror" could conclude the hospital "breached" the settlement agreement by reporting information that is "materially inconsistent" with the contract.
3 minute read

The Legal Intelligencer

Pa. Justices to Mull 'Special-Notice' Rule Elevating Standards for Enforcing Online Binding Arbitration Agreements

The Supreme Court's decision to take up the case comes after more than 10 entities, including the U.S. Chamber of Commerce, filed amicus briefs to the court.
4 minute read

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