The Business Litigation Blog

Woman Sues Nationwide for Breach of Contact

A Charleston woman is suing Nationwide General Insurance Company after she claims it breached its contract with her. There was a fire at a property owned by Linda Blevins. The fire caused property damage. The complaint was filed in Logan Circuit Court on June 19th and was moved up to federal court July 24th. Blevins claims that her policy was in full effect the day of the fire. Nationwide issued a reservation of rights letter to the plaintiff. Some petroleum distillate was found in samples from her property. Her policy specifically excluded increased hazards and intentional acts. Blevins stated that Nationwide has no evidence to say that she contributed to an increased hazard on her property. Blevins is seeking compensatory and punitive damages with pre- and post-judgment interest.  If you have a breach of contra...

Jägermeister Sued for Trademark Infringement

Jägermeister has been sued by outdoor wear company Alfwear over use of the word Kühl in an advertisement. Alfwear is accusing Jägermeister of “infringing and diluting” its trademark. Jägermeister used the phrases “Kühl as Ice” and “Drink it Ice Kühl” in advertisements in June.  Alfwears owns US trademark number 1,990,375 for the ‘Kühl’ mark for use in class 25, according to the claim. Alfwear claims that Jägermeister willfully infringed on the trademark. The use of Kühl by Jägermeister allegedly is creating confusion in the marketplace. The founder and president of Kühl has stated that he’s received emails asking if Kühl collaborated with Jägermeister. If you have experienced trademark infringement, contact Thomas E. Patterson at tpatterson@pattersonlawfirm.com or (312)-223-1699.   

State of New Mexico Sues Oil Company for Breach of Contract

The state of New Mexico is suing a Texas oil company for breach of contract because it did not comply with a settlement. The settlement stated that abandoned oil wells in southern New Mexico needed to be plugged and remediated. Siana Oil agreed to plug one oil well in New Mexico and then clean up contaminated chemical waste at other sites before resuming work in the state. The state of New Mexico now claims that the company owes $147,000 in penalties and possibly several hundred thousand more dollars due to daily fines. In addition to the breach of the agreement the state of New Mexico also alleged violations of the state Oil and Gas Act. If you have a breach of contract claim contact Thomas E. Patterson at (312)-233-1699 or tpatterson@pattersonlawfirm.com

Penn State Sues Former Assistant Football Coach for Breach of Contract

Penn State has sued former assistant football coach Bob Shoop for breach of contract, claiming he owes the university nearly $900,000. His contract stipulates that if he leaves before his time is up he owes half of his base salary to the university. penn state is seeking $891,000 dollars with additional interest and costs.  If you have a breach of contract claim get in touch with Tom Patterson at (312)-223-1699 or tpatterson@pattersonlawfirm.com. 

New Senior Investment Group Involved in a Shareholder Lawsuit

A shareholder of New Senior Investment Group is alleging that members of the Board used a $640 million acquisition of Holiday Retirement properties to pad their pockets and damage the investors. The New Senior shareholder filed his case in Delaware Chancery Court in December 2016 and then amended the suit on June 8th. The suit names the Board of Directors and the real estate investment trust (REIT) as defendants. New Senior is owned by Fortress Investment Group. Holiday Retirement and the Holiday Portfolio were also majority owned by Fortress Investment Group. The suit alleges that the acquisition of the Holiday Portfolio was made “on unfair terms and for an inflated price.” This triggered losses for shareholders, but benefitted high level employees at Fortress. If you have a shareholder lawsuit contact Thomas E. Pat...

Cabela's Facing Shareholder Lawsuit

Four class action lawsuits have been filed by Cabela's shareholders against Cabela's in the month of June. the've all been filed in the U.S. District Court in Delaware, the state in which Cabela's is incorporated. The lawsuits were filed in response to a Cabela's shareholder meeting to approve the sale of Cabela's to Bass Pro Shops. The allegations include Cabela's making "incompplete and materially misleading" statements to investors and that their financial advisor has conflicts of interest. Cabela's intends to defend the litigation vigorously.  If you have a shareholder dispute get in touch with Thomas E. Patterson at tpatterson@pattersonlawfirm.com or (312)-223-1699. 

Celebrity Attorney Gloria Allred Sued for Legal Malpractice

Celebrity lawyer Gloria Allred has been sued by an ex-client, Kyle Hunter, for Allred's representation of Hunter in a discrimination claim against CBS. Hunter, a weatherman, retained Allred to represent him against CBS for discriminating against him in favor of younger, more attractive meteorologists. Hunter's malpractice claim against Allred alleges that she failed to interview key witnesses and did not disclose to Hunter that Allred was concurrently working with CBS to develop a legal drama based on Allred's life, which Hunter alleges was a conflict of interest. Hunter's further alleges that Allred's conduct and omissions damaged him to the tune of $1 million and an impaired reputation. Allred and her firm have denied the allegations of malpractice. 

UFC Management Company Sues Fighter for Breach of Contract

Nate Diaz, a UFC fighter, has been sued by the Ballengee Group in Dallas County Court District. Diaz terminated his contract for representation by Ballengee before UFC fight 202. Ballengee alleges that Diaz committed theft, breach of contract, fraud, and civil conspiracy. Diaz convinced Leslie Smith, another fighter represented by Ballengee, to leave the management company. Nick Diaz, Nate Diaz’s brother was also represented by Ballengee. Ballengee claims they have not received fair compensation for their representation through multiple Diaz fights. The complaint states that Ballengee is seeking more than $1 Million in damages against Nate Diaz. 

Legal Malpractice Triggered After Conflict of Interest is Discovered

The United States District Court of the Southern District of New York recently disqualified the law firm of Holland & night from representing a plaintiff, First NBC Bank, in a lawsuit against Murex, LLC involving the sale of allegedly bogus receivables by Murex to First NBC.   Murex moved to disqualify Holland & Knight as First NBC's counsel in the lawsuit on the basis that Murex is also a client of Holland & Knight following Murex's refusal to consent to the concurrent representation.   Murex's motion laid out the facts of the apparent conflict.  First NBC Bank is a Louisana-based bank that retained litigators in Holland & Knight's Atlanta office to prepare and pursue its claims against Murex. Prior to First NBC's retention of the firm, Murex had retained lawyers in Holland &...

ISBA Brought a Declaratory Judgment in a Legal Malpractice Case Regarding Professional Liability Insurance

The Illinois State Bar Association recently brought a declaratory judgment action against one of its members in Indiana federal court seeking a ruling that it has no obligation to defend the member from certain claims in an underlying suit. The underlying suit, which is being heard in an Indiana state court, accuses the member, Patricia Sharkey, of malpractice in a case involving the construction of seawalls in a town on Lake Michigan's southeastern shore. The suit also seeks sanctions from Sharkey for the same conduct. The suit alleges that Sharkey and others engaged in "intentional and conspiratorial conduct" by concealing conflicts of interest. The Illinois State Bar Association's declaratory judgment action seeks relief on the grounds that its policy does not cover the types of claims that were brought against Sh...

 
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