To apply the law to a given situation, specific facts are needed. Legal battles then center upon a game of “he said, she said,” leading to a messy fight and often less-than-ideal resolution. But...
For generations, the hourly billing business model for law firms has forced plaintiffs involved in commercial litigation to pay attorneys by the hour regardless of the outcome of the litigation. A better business model for plaintiffs seeking to hire counsel to initiate business litigation may involve contingency fees, fixed legal fee pricing or a combination of a diminished hourly rate and a...
A Florida jury found that Merrill Lynch took advantage of New Jersey philanthropist George Rothman and his wife. Both Rothmans were declared mentally incompetent in 1999. According to a lawyer for the Rothman family, Merrill Lynch took advantage of the couple's deteriorating mental condition to shift their money into investments that would pay higher commissions. The lawsuit alleged that a...
On July 12th, the Arbitration Fairness Act was introduced to the House and the Senate to amend the Federal Arbitration Act, which was passed in the 1920's. The proposed bill would make clauses in contracts that mandate arbitration and prohibit joining class action lawsuits unenforceable. The bill aims to prevent mandatory arbitration in employment, consumer, franchise, or civil disputes.Leo...
Richmond's own Johnny Johnson won a $16 million verdict against grocery giant, Supervalue, Inc., the nation's third largest grocery chain. The jury awarded $15.5 million for negligent misrepresentation and $500,000 for intentional infliction of emotional distress. Johnson started in the grocery business as a bag boy and worked his way up to manager. In the early 1990's, Richfood, Inc....
After a month-long trial, a Brooke County Circuit Court jury has ordered Massey Energy and a subsidiary to pay more than $219 million in damages to Wheeling-Pittsburgh Steel Corporation. Wheeling-Pitt sued Massey subsidiary Central West Virginia Energy Co. in April 2005, claiming it failed to deliver 104,000 tons of metallurgical grade coal per month as required under a contract signed in 2002...
There is a potential nationwide settlement involving Allianz Life Insurance Company of North America and the sale of deferred annuities to persons over the age of 65. The allegations asserted against Allianz are that they conspired with a network of insurance sales agents to fraudulently induce people 65 years of age or older to purchase deferred annuities by means of misleading...
A new court in Tampa, Florida seeks to resolve commercial litigation matters between businesses. The Complex Business Litigation Division is a new court established to resolve business-related cases such as contract disputes, non-compete agreements, trade secrets claims, and other business matters. The Tampa court is part of a trend in various parts of the United States to establish business...
The SEC and the Sun-Times Media Group Inc concluded a civil settlement of $28.7 million with ithe company's former President and Publisher David Radler relating to claims of backdated stock options and other transgressions in a commercial litigation matter. The SEC settlement includes a $5 million civil penalty, one of the largest on record against an individual. Radler has already plead...
In a complex commercial litigation matter involving employee pension rights, jurors in Butte, Montana ordered Northwestern Corporation to pay $17.4 million in compensatory damages and $4 million in punitive damages to 15 retired executives who sued after the company terminated their supplemental pensions. This case affirms the rights of executives and employees to the continuation of pension...
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