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Delaware Business Court Insider

Fraud Claim Survives in Contract Suit Over Environmental Liability

A breach of contract suit over the sale of a contaminated chemical site in New Jersey can be expanded to include claims that the seller concealed information about its remediation efforts and tried to stick Ashland Inc. with the bill for the cleanup, a Delaware judge has ruled.
1 minute read

New Jersey Law Journal

Ongoing Litigation Plays a Sour Note in Rider's Bid To Sell Choir College

Rider University announced Thursday that it had a tentative deal to sell Westminster Choir College to a Chinese company for $40 million, but two lawsuits still stand in the way of the sale.
1 minute read

Corporate Counsel

Litigating 'Best Efforts' Considerations for Defining or Not Defining What Effort to Expect

Unforeseen or uncontrollable events make the full extent of risk associated with development and commercialization unknowable.
8 minute read

National Law Journal

Arbitration Agreements Don't Get Rubber Stamp, Even After 'Epic Systems'

“There is a bit of a push, pull that you will continue to see,” says Michael Phillips of McGuireWoods. “The Supreme Court is knocking down obstacles and other judges are not as enthusiastic from a policy point of view. That dynamic won't end anytime soon.”
5 minute read

New Jersey Law Journal

Enough With Arbitration Provisions: Litigators Hate Them and GCs Should Too

This article examines four of the most common justifications for arbitration and suggests examination of the knee-jerk impulse to include arbitration provisions in commercial agreements.
1 minute read

Connecticut Law Tribune

Nurses Allege Racial Discrimination in Pay Disparities; Company Says Complaint is 'Without Merit'

Ten black nurses have filed a federal lawsuit against their health care employer alleging they received less pay than their white counterparts for the same work.
3 minute read

Daily Report Online

Jury Deems Hospital's $230K Surgical Bill 'Unreasonable,' Awards $766

Ted Lavender of FisherBroyles in Atlanta led a team representing a woman sued by a Colorado hospital seeking more than three times what it had already been paid for her surgery.
5 minute read

New York Law Journal

Conditions Precedents in Construction Contracts

In their Construction Law column, Kenneth Block and Joshua Levy explore the differences between typical contract terms and those that rise to the level of conditions precedent, the latter requiring strict compliance to avoid forfeiture.
1 minute read

New Jersey Law Journal

If Held Separately, Note and Mortgage Assignment Both Needed to Foreclose, Court Says

A New Jersey appeals court has held in a published ruling that a party seeking to foreclose on a mortgage must have both the promissory note and a valid assignment of mortgage. But in a case where Capital One Bank brought a foreclosure action on a property when it possessed the mortgage but not the note, the appeals court said irregularities did not warrant reversal.
1 minute read

New York Law Journal

Fujifilm Seeks $1 Billion Over Collapsed Deal for Takeover of Xerox

In May, Xerox officially announced it was terminating the deal, after months of legal and public pressure by two of its largest investors, Carl Icahn and Darwin Deason.
1 minute read

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