In the gameshow “The Price Is Right,” if a contestant bids over the price of the item, they lose the whole game. Mechanic’s liens have a similar restriction – if a contractor or subcontractor claims the value of their work is higher than it is, then the owner can bring an action to...
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Alleged Oral Agreement Survives Motion to Dismiss Premised Upon the Statute of Frauds
Aug 3, 2023 | Insights
In the recent case of Bardy v. Bonnem, the Court was disinclined to extinguish any avenue of relief for a plaintiff where a slippery defendant was trying, after-the-fact, to characterize services as a volunteer job. Plaintiff produced an email memorandum of an agreement,...
Trade Secrets & Information Available in the Public Realm
Jul 19, 2023 | Insights
When does information which is readily available in the public realm still constitute a trade secret? A business looking to protect its trade secret customer lists would be wise to follow the guidance of the recent case of loanDepot.com, LLC v. CrossCountry Mortg., LLC, No. 22 CIV....
Recent Successes in Out-Of-Court Arbitration Proceedings
Apr 28, 2023 | Insights
Arbitration is a form of private dispute resolution which is often governed by a private organization that maintains lists of available arbitrators and provides rules under which the arbitration will be conducted. Typically, arbitration is the result of a pre-dispute contract...
Two Methods to Achieve Sanctions in Federal Court: Rule 11 & 28 USCA § 1927
Nov 10, 2022 | Insights
Courts are notoriously hesitant to award sanctions on counsel, so it is worthwhile to pay close attention when they do. Further, it is important to note that the discretion of the Court can lead to a wide range of results. Two recent cases out of the Western District of New...
Fodder to Punish Discovery Delays
Nov 3, 2022 | Insights
Many Judges are reluctant to punish delinquent discovery. To many prosecuting attorneys, it can be a frustrating experience – sending out demands, then follow-up letters, arranging for meet-and-confers, and finally, motion practice that ends with the other side getting a further...