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The Legal Intelligencer

Who Decides Arbitrability—Is It the Court or an Arbitrator?

An issue that continues to present itself is who will determine if a dispute must be tried in court or arbitrated.
7 minute read

The Legal Intelligencer

Justices Agree to Eye Case That Pits Automakers Against Car Dealers

The Pennsylvania Supreme Court has signed on to consider not one but two issues of first impression involving the power balance in the contractual relationship between car dealerships and auto manufacturers.
6 minute read

New York Law Journal

Judge Tosses Ex-Big Law Attorneys' Fraud Suit Against Boutique

Attorneys Brian Brook and Matthew Peed had alleged a host of claims against 10-attorney Simon & Partners and its founder, Bradley Simon.
5 minute read

The Legal Intelligencer

Justices Weigh Waiver in Wrongful Death Case Over Drowned Triathlete

The intersection of contract and tort law took center stage Tuesday during the Pennsylvania Supreme Court's oral argument session involving a surviving spouse's efforts to bring a wrongful death suit after her husband drowned during the 2010 Philadelphia Triathlon.
3 minute read

New Jersey Law Journal

How to Challenge Enforcement of Arbitration Agreement Against Nursing Home Resident

The enforceability of arbitration agreements between nursing homes and their residents is a fact-driven inquiry and implicates important policy considerations related to public safety that are not found in the typical dispute over an arbitration provision.
9 minute read

Texas Lawyer

Litigators of the Week: Houston Lawyers Convince Advertising Consultant To Drop Claim Against Law Firm

When Houston mass tort lawyer Clayton Clark was sued over an advertising contract dispute, he went looking for the best trial counsel he could find and choose two from either side of the bar to represent him: plaintiff lawyer Jim Perdue Jr. and defense attorney Alistair Dawson.
5 minute read

Delaware Business Court Insider

Glasscock Greenlights Contract Claims in Suit Over Diverted Bid Rights

The Delaware Court of Chancery has allowed breach of contract claims to proceed against the manager of a Delaware LLC accused of diverting the firm's assets to benefit himself and his friends.
4 minute read

Daily Report Online

11th Circuit Nixes Class Status for More Than 1M Wells Fargo Overdraft Plaintiffs

Overturning a Florida district court, the U.S Court of Appeals for the Eleventh Circuit ruled that Wells Fargo did not waive its rights to compel arbitration when it agreed to defend in court five putative class actions over the way it calculated overdraft charges.
4 minute read

Daily Report Online

High Court Ponders Fate of Litigation Funding

The Georgia Supreme Court has been asked to decide whether litigation funding agreements amount to illegally high interest loans or investment contracts that reward risk—and industry groups are watching and filing amicus briefs in support of the practice.
3 minute read

Texas Lawyer

McKool Smith Attorney Convinces Delaware Court that $10M Policy Covers Trade Secrets Case

A McKool Smith lawyer recently helped convince a Delaware Court that a $10 million insurance policy his hotel chain client purchased from National Union Fire Insurance Company should cover his defense costs of a trade secrets case—even though the policy excluded trade secrets claims.
3 minute read

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Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

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