Faced with a tough issue of Delaware law, the Seventh Circuit wisely certifies the question to the DE Supremes. The issue is whether forfeiture for competition provisions should be reviewed for reasonableness, like non-competes.

#law #contracts #litigation #EmploymentLaw

https://lawprofessors.typepad.com/contractsprof_blog/2025/05/seventh-circuit-certifies-question-on-forfeiture-for-competition-provisions-under-delaware-law.html

Extreme heat - harm from fossil fuels
Will it ever be possible to sue anyone for damaging the climate?

"Cost of emissions from five major Australian resource companies more than $900bn, study finds"

"Five of Australia’s biggest fossil fuel producers could be on the hook for hundreds of billions of dollars in damages after a US research team developed a method to link individual companies to specific climate harms and put a dollar figure to the impact. US researchers link BHP, Rio Tinto, Santos, Whitehaven Coal and Woodside Energy to specific climate harms over three decades."
>>
https://www.theguardian.com/environment/2025/may/05/cost-of-emissions-from-five-major-australian-resource-companies-more-than-900bn-study-finds
#ClimateBreakdown #GHG #FossilFuels #liability #litigation #AttributionSci #ExtremeHeat #heatwaves #harm #Australia

With an assist from @lawdorknews.bsky.social, I have updated my post from Wednesday about challenges to Russel Vought’s attempt to dismiss up to 90% of the CFPB’s employees. D.C. Circuit upholds the District Court’s stay on the action, with former White House counsel during Trump 1.0 joining the majority.

#law #contracts #CFPB #litigation #injunctions #DCCircuit

https://lawprofessors.typepad.com/contractsprof_blog/2025/04/recap-of-administration-attempt-to-fire-employees-of-the-consumer-finance-protection-bureau.html

What better way to celebrate May Day than with an account of the National Treasury Employee Union’s victory, enjoining the Administration from terminating collective bargaining rights for 2/3 of the federal work force? The order came out on Friday, the opinion on Monday.

#Law #contracts #unions #labor #GovernmentWorkers #litigation

https://lawprofessors.typepad.com/contractsprof_blog/2025/05/may-day-federal-judge-backs-federal-workers-union-and-enjoins-executive-order.html

The Consumer Financial Protection Bureau has survived the first 100 days of the new Administration’s term with the help of Judge Amy Berman Jackson, who sees the latest RIF (correctly) as an attempt to prevent the CFPB from performing its statutorily-mandated functions

#law #contracts #CFPB #litigation #GovernmentEmployees #Injunctions

https://lawprofessors.typepad.com/contractsprof_blog/2025/04/recap-of-administration-attempt-to-fire-employees-of-the-consumer-finance-protection-bureau.html

In today’s Reefer Brief, a lesson in what happens if you don’t get crop insurance. Insurer covered physical damage to marijuana cultivator from a fire, but not the 1000 lost plants.

#law #contracts #cannabis #litigation #insurance

https://lawprofessors.typepad.com/contractsprof_blog/2025/04/reefer-brief-insurer-wins-summary-judgment-v-marijuana-cultivator.html

The latest in the #CFPB #litigation

For Judge Gregory Katsas, a #Trump appointee from the president’s 1st term, a month on the motions panel at the US Court of Appeals for the DC Circuit appears to have taught him an important lesson about Trump’s 2nd term.

#law #SeparationOfPowers #Judiciary
https://www.lawdork.com/p/the-education-of-judge-gregory-katsas

#DonaldTrump has lost almost 100 times in court & now he’s lashing out

#Litigation is the spark for social outcry & it’s already working—his approval rating is #plummeting

What to Know About the Legal Battle Over a #NorthCarolina #SupremeCourt Race
The #Republican challenger has embarked on an extraordinary effort to reverse his #election loss that critics say is testing the boundaries of post-election #litigation.

The Republican candidate for a State Supreme Court seat has refused to concede to the Democratic incumbent, even though 2 recounts by a state elections board confirmed that he lost the Nov election…

#law #democracy #GiftArticle
https://www.nytimes.com/2025/04/22/us/north-carolina-supreme-court-race-explainer.html?unlocked_article_code=1.B08.euDs.Y-tMQ_WoO42B&smid=nytcore-ios-share&referringSource=articleShare

Thanks to my student Brady Robison who alerted me to a suit brought by influencers against Honey, an extension that PayPal bought for $4 billion so that it can better track you and data mine you. They allege that it also steals commissions from them.

#law #contracts #Honey #Influencers #coupons #litigation

https://lawprofessors.typepad.com/contractsprof_blog/2025/04/influencers-allege-paypal-uses-honey-extension-to-steal-commissions.html

https://c-ville.com/another-preliminary-ruling-from-judge-worrell-allows-lawsuit-against-charlottesvilles-zoning-code-to-proceed/ “Worrell overruled the city’s motion to dismiss the case and ordered Derdeyn to write up a motion seeking a summary judgment. That means the next hearing won’t be heard for a couple of months at least.” #cville #zoning #housing #inflation #shortage #litigation

The Chicago Cubs enjoyed a pre-season win. It was in a court rather than on the field, but it’s the Cubs, so we’ll take the W. They are tangling with one of the owners of a rooftop-seating business. All others renewed the licensing agreement.

#law #contracts #Litigation #Cubs

https://lawprofessors.typepad.com/contractsprof_blog/2025/04/friday-frivolity-cubs-preseason-gets-off-to-a-solid-start-with-a-court-win.html

#Google found #Liable ( aka #Guilty for corporations) in online #advertising market monopolization case brought during #Biden term. This is the third recent loss in series of long running #litigation attacks on $GOOG market dominance brought by army of lawyers from #USDOJ ...

Detailed opinion left by Judge Loenie Brinkema outlines not only corporate malfeasance but even legal improprieties used by #Alphabet and it's highly paid #defense team, including several partners of firms known for ties to top #DemocratParty operatives.

https://open.substack.com/pub/mattstoller/p/google-found-guilty-of-monopolization #GoogleMonopoly

For some reason, there is a line of cases about the duty of good faith under UCC § 2-305 involving the prices gas stations pay their suppliers. Today we report on a new that explains the good faith safe harbor nicely.

#law #contracts #UCC #litigation #GoodFaith

https://lawprofessors.typepad.com/contractsprof_blog/2025/04/another-good-faith-claim-involving-prices-charged-to-gas-stations.html

Byron Allen’s claims against McDonald’s for discrimination against Black-owned networks in its placement of advertising survives a motion for summary judgment, just barely alleging a claim and just barely overcoming McDonald’s attempts to justify its ad strategies.

#law #contracts #litigation #discrimination #McDonalds

https://lawprofessors.typepad.com/contractsprof_blog/2025/04/discrimination-in-advertising-claims-against-mcdonalds-will-proceed-to-trial.html

Many lawyers who argue for #Trump at #SCOTUS are heading for the exit

At least half of the front-line lawyers in #SolicitorGeneral’s office, the elite #DOJ office that represents the Trump admin at the Supreme Court, are preparing to leave or have already announced their departures — an unusually high amount of turnover at a time of intense #litigation involving Trump’s initiatives & as his emergency requests pile up at the high court.

#law #ethics #felon47
https://www.washingtonpost.com/politics/2025/04/09/trump-solicitor-general-office-lawyers-departures/