Tag Archives: breach of contract

Doing Business On A Handshake

As regular readers know, I've spent the last two weeks trying a case with Francis Malofiy. [If you googled in looking for him, skip to the bottom of this post.] Last Friday, after 15 hours of deliberations, the jury returned a verdict in favor of our client on all six questions — relating to the nature of the agreement, damages, whether our client breached his obligations, whether defendants would get a set-off, and when the statute of limitations began to run — and awarded him $4.17 million in damages. The vote was 10–2, which is good enough under Pennsylvania law. ... Continue Reading

TweetLikeEmailLinkedIn

Do Paterno And Spanier Have Golden Parachutes At Penn State?

The Sandusky child molestation scandal at Penn State continues to be the biggest legal news in Pennsylvania. One lawsuit against Penn State and the Second Mile has already been filed, presumably because the victim was either nearing, or had already passed, the statute of limitations. A civil lawsuit can be filed at any point after a criminal act, though in that case the civil litigation is usually put on hold until the criminal case is finished. I've already discussed most of the issues in the cases that could be filed by sexual abuse survivors in my previous post, linked above, ... Continue Reading

TweetLikeEmailLinkedIn

NFL Lockout Injunction Reversal: Using Labor Law Against Employees

Big news in the sporting and antitrust litigation worlds — which overlap considerably — on Friday when the U.S. Court of Appeals for the Eighth Circuit (which hears all appeals in federal cases filed in the states between North Dakota, Minnesota, Arkansas, and Nebraska), reversed a preliminary injunction imposed by the U.S. District Court for the District of Minnesota prohibiting the NFL owners from imposing a “lockout” on players. The order is posted here; when I reference Opinion and Bye Dissent below, I'm referring to that PDF. Two judges, Colloton and Benton (both appointed by George W. Bush — hold that ... Continue Reading

TweetLikeEmailLinkedIn

The HuffingtonPost Bloggers Class Action Lawsuit Won’t Go Anywhere

[Update, December 2012: as predicted, case dismissed, and dismissal just affirmed by the Second Circuit. The court didn't even reach the class action issue, it just denied it on the merits. "[P]laintiffs were perfectly aware that The Huffington Post was a forprofit enterprise, which derived revenues from their submissions through advertising. Perhaps most importantly, at all times prior to the merger when they submitted their work to The Huffington Post, plaintiffs understood that they would receive compensation only in the form of exposure and promotion."] Writing has always been a tough business, one dependent upon unorthodox forms of compensation. Charles ... Continue Reading

TweetLikeEmailLinkedIn

Good Lawyers (And Doctors) Aren’t Cheap Because They Can’t Do Piecemeal Work

Fred Wilson, the always inspiring venture capitalist, posted yesterday A Challenge To Startup Lawyers: We closed an investment recently. It was a seed round. Our firm priced the round and we were joined by a number of small VCs and a few well known angels. We agreed to close on a standard set of "light preferred" documents without negotiation. There was no investor counsel on the transaction. We just signed the standard documents which were tweaked to reflect the round size, share price, and board provision in the term sheet. The legal fees for this transaction were $17,000. I talked ... Continue Reading

TweetLikeEmailLinkedIn

Deposition Rope-A-Dope: The Oldest Trick Of Uncooperative Witnesses

The Wall Street Journal Law Blog points us to a typical deposition transcript out of Cleveland about a copy machine: Plaintiffs’ lawyer: During your tenure in the computer department at the Recorder’s office, has the Recorder’s office had photocopying machines? Deponent’s Lawyer: Objection. PL: Any photocopying machine? Deponent: When you say “photocopying machine,” what do you mean? PL: Let me be — let me make sure I understand your question. You don’t have an understanding of what a photocopying machine is? D: No. I want to make sure that I answer your question correctly. . . . D: When you say “photocopying ... Continue Reading

TweetLikeEmailLinkedIn

Third Party Litigation Funding CLE Hosted By The Pennsylvania Bar Institute

 You know what’s cool? Apparently a billion dollars isn’t cool, according to Sean Parker, no matter what Justin Timberlake in The Social Network might have to say about it. But what is cool is third-party litigation financing. Don’t believe me? Binyamin Appelbaum at the NYTimes and the Center for Public Integrity did a whole series on it called “Betting on Justice,” (here’s the same piece at the CPI) with a Room for Debate piece on it called “Investing in Someone Else’s Lawsuit.” The American Bar Association, nudged by the series, has set up a working group to examine the issue. ... Continue Reading

TweetLikeEmailLinkedIn

Alas, National Banks Have Virtually No Fiduciary Duties To Depositors And Are Almost Impossible To Sue

I've sued several multinational banks for breaches of fiduciary duty and breaches of contract, and have always been amazed their lack of any accountability or responsibility. It's not just a handful of instances of banks selling a company's loan to their competitor and bank lawyers lying to federal regulators. They live in a different world from you and I. In one of my cases, a bank fired a financial adviser because he was covering his gambling losses by stealing from clients. All well and good, until the bank covered up the whole mess and didn't tell any of his clients ... Continue Reading

TweetLikeEmailLinkedIn

Does The Philadelphia Housing Authority Owe Carl Greene Over $600,000?

When I first saw the headline in The Philadelphia Inquirer —  "Greene suit says PHA ruined reputation" — I thought: has Carl Greene lost his mind? I interpreted the "ruined reputation" as referring to a defamation claim, and I could not see how Greene could possibly sue the Board of the Philadelphia Housing Authority for defamation. The primary allegations are indisputable: Greene was accused of several instances of sexual harassment, the accusers brought suit, and Greene authorized the PHA and their insurer to settle those cases. The PHA Board is now investigating how those claims were handled and has not reached ... Continue Reading

TweetLikeEmailLinkedIn

Do You Know The Muffin Man, Who Lives Under A Trade Secrets Injunction?

As The Legal Intelligencer reported, When a top-level executive suddenly quits to take a job at a competing firm, the courts have the power to block the start of the new employment if the evidence shows that such an injunction is needed to prevent a likely misappropriation of trade secrets, the 3rd U.S. Circuit Court of Appeals has ruled. The ruling came in Bimbo Bakeries USA Inc. v. Botticella, in which the appellate court considered whether the manufacturer of Thomas' brand English muffins was entitled to an injunction that barred one of its top-level executives from taking a new job ... Continue Reading

TweetLikeEmailLinkedIn