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Benchmarks: Fee award wrongly based on lawyer’s cut (access required)

Published: October 1, 2012

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Victorious plaintiffs in a breach of contract case thought they were in line for an award of attorney fees equal to what they owed their lawyer under a 25 percent contingency fee agreement.

They were wrong.

Jury awards man $2 million for creating fuel additive (access required)

Published: July 30, 2012

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A jury has awarded $2 million to a man who developed a unique fuel additive several years ago and claimed his employer improperly phased him out of millions of dollars he was owed in a profit-sharing agreement.

Rewards program promises may be enforced (access required)

Published: July 17, 2012

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A cigarette company may have made promises in advertising for a rewards program that customers could enforce in a breach of contract suit, the 9th Circuit has ruled in reversing a dismissal.

Arbitration clause can’t be enforced in bankruptcy (access required)

Published: July 12, 2012

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Parties to a business contract could not enforce an arbitration clause against another party to the agreement who filed for bankruptcy protection in response to being sued for fraud, the 9th Circuit has ruled in affirming judgment.

Benchmarks: Can office sue software seller for data loss? (access required)

Published: July 5, 2012

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You always expect some glitches when your office upgrades its computer software, but when customer records go up in smoke, that’s a real nightmare. For one particularly unlucky dental office, the trouble was compounded by a limitation of liability clause in its software contract.

Last week, the Utah Supreme Court had to decide whether state product liability law prevents a software seller from enforcing such a clause.

Court reporters’ suit against lawyers not barred by anti-SLAPP statute (access required)

Published: May 1, 2012

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A suit brought by court reporters against lawyers who protested court reporting fees on behalf of their clients is not barred under the state anti-SLAPP statute, the California Court of Appeal has ruled.

Michigan chiropractor awarded $7 million (access required)

By: Douglas J Levy
Published: April 2, 2012

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A Michigan jury has awarded Dr. Micheil Hanczaryk and his practice, Bristol Chiropractic Centre, nearly $7 million on claims of breach of contract, negligence, failure to honor good faith duties and false light invasion of privacy against his carrier, Podiatry Insurance Co. of America (PICA).

Home borrowers’ contract claim isn’t preempted (access required)

Published: December 29, 2011

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Federal consumer protection law does not preempt a lawsuit alleging that a home lender’s charging of a purported prepayment fee breached the terms of the plaintiffs’ loan agreement, the 6th Circuit has ruled in reversing a dismissal.

Homeowners can’t enforce HAMP loan plan terms (access required)

Published: November 28, 2011

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Homeowners could not sue to enforce the terms of a loan modification plan crafted for relief under the federal Home Affordable Mortgage Program, the California Court of Appeal has ruled in affirming a dismissal.

Ousted preacher collects award for libel, slander (access required)

By: Phillip Bantz
Published: October 24, 2011

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After a relatively minor tax mistake triggered a series of increasingly bitter and bizarre spats between a South Carolina pastor and the church he led for 18 years, a jury ultimately awarded him a six-figure verdict for his suffering.

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