Kate Hudson's Hairy Situation Aug 27, 2008
" On the positive side, Kate Hudson is finally garnering headlines for something other than her revolving-door love life. On the negative side, it's because she was sued. Turns out Hudson succeeded in making her new hair-care line, David Babaii for Wildaid, eco-friendly; she was less successful at making it scientist-friendly. At least to the scientists who claim to have discovered and provided, with no compensation, the line's secret ingredient. (View ) According to a complaint filed Friday in... (E! Online)
Pop Tarts: Kate Hudson Sued for Fraud, Exposing Trade Secrets Aug 27, 2008
The company 220 Laboratories Inc. filed a lawsuit in Los Angeles Superior Court on Monday against Hudson, Babaii and their manufacturer, Universal, for 17 offenses, including the misappropriation of trade secrets, fraud and breach of contract and confidence. David Babaii for WildAid defended its product in an e-mail to Pop Tarts. (Fox News)
Wild Claims? Aug 27, 2008
Online, accuses Hudson and her partner, David Babaii, of fraud and breach of contract. But a rep for Hudson told Page Six, "Kate does not know the plaintiffs and has never met with them or spoken with them . . . The claims are baseless.". (New York Post -- Gossip)
Kate Hudson defends haircare line Aug 27, 2008
Hudson, Babaii and their current manufacturer, Universal, have been charged misappropriation of trade secrets, breach of contract, breach of confidence and fraud in the legal documents. But a spokesperson for the actress denies the claims: "Kate does not know the plaintiffs and has never met with them or spoken with them. Her representatives believe that the claims are baseless and without merit and (they) intend to vigorously defend the lawsuit.". (WOKR13 Rochester)
Does Psystar have a legit argument in Apple countersuit? Aug 27, 2008
Last month, against the Miami-based company, alleging copyright infringement, trademark infringement, breach of contract, unfair competition and more after Psystar began selling Mac clones - basically white box computers running Apple s Mac OS X operating system. Apple alleges that OpenComputer runs modified unauthorized version of the Leopard operating system. (ZDNet)
Kate Hudson sued Aug 27, 2008
220 Laboratories is suing Hudson, Babaii and rival company, Universal Packing Systems, for fraud, misappropriation of trade secrets, breach of contract and breach of confidence. The suit seeks unspecified damages. (iAfrica.com)
Transurban forecasts revenue growth Aug 27, 2008
Mattel, maker of the ever-popular "Barbie" fashion doll, has been awarded $A117 million in damages, after a jury last month found MGA Entertainment in breach of contract for making the Barbie-rival "Bratz" doll. A former NSW catholic boys school priest has been charged with 33 counts of sexually abusing students. (Ninemsn)
Federal Circuit: U.S. Owes Oil and Gas Companies $1.1 Billion Aug 26, 2008
The oil and gas companies, represented by Covington & Burling, sued for breach of contract after the federal government blocked them from drilling off California. "The fundamental take-home message is that the government, when it enters a contract with another party, is held substantially to the same standard as everyone else," says Covington partner Steven Rosenbaum, who argued the case for the oil and gas operators. (Law.com)
Battle Over Faked Holocaust Memoir in Mass. Court Aug 26, 2008
The two sued Daniel for breach of contract. In 2001, a Middlesex District Court jury found that Daniel had failed to promote the book as promised and had hidden profits. (Fox News)
Another suits claims Saint Joseph's overcharged patients Aug 26, 2008
The suit alleges breach of contract, breach of implied contractual duties of good faith and fair dealing, unjust enrichment, and breach of fiduciary duty and seeks actual, exemplary, and punitive damages, and attorneys' fees. "In order to increase revenues, and thus profitability, [Saint Joseph's] engaged in a widespread and systematic scheme to admit to inpatient status patients who did not otherwise meet inpatient admission criteria and then issue charges and bills for such inpatient services... (Atlanta Business Chronicle, GA)
PartyGaming bets on Empire Online Aug 26, 2008
Empire filed a lawsuit claiming breach of contract which was settled by PartyGaming paying out $250m in return for the Empirepoker. com website and other assets from Empire. (Yahoo News -- Gambling & Lottery)
Is It Time Tupac It In? Aug 26, 2008
Those talks subsequently fell apart and Global Music threatened to sue the estate for breach of contract. Meanwhile, Michael Collesano, a lawyer representing Global Music Group of Delaware told The Post yesterday that his client is in the midst of re-approaching the estate about a deal to buy the assets in the wake of the termination of the deal with Global Music New York. (New York Post -- Business)
Uganda: Agency Loses Billions Over Workers House Aug 25, 2008
Alcon subsequently sued NSSF for breach of contract in the High Court and was awarded $8. 9 million in 2001. (allAfrica.com)
Settlement returns nearly $18K to county Aug 25, 2008
The suit alleged that the pharmaceutical giant was in violation of both federal and state Medicaid law, Medicaid and common law fraud, breach of contract, unfair and deceptive trade practices and unjust enrichment. But that s not all. (Catskill Daily Mail, NY)
Lawsuit against village adds new count to suit Aug 24, 2008
An amended complaint was filed Aug. 21 to add a second count alleging that this rejection constitutes a breach of contract on the village's part. Rice wanted to redevelop the car wash in his Parkside Plaza development. (Pekin Times, IL)
6th Circuit Reinstates Suit Against Canadian Firm Aug 23, 2008
CenTra sued the firm in 2006 in federal court in Michigan, claiming breach of contract, breach of fiduciary duties and legal malpractice. The trial judge dismissed the case, holding that CenTra had given implied consent to any conflict of interest in simultaneous representation. (Law.com)
Judge approves sale of SC armored vehicle maker Aug 23, 2008
The suit claims computer fraud, misappropriation of trade secrets, unfair trade practices and breach of contract. . (Orangeburg Times and Democrat, SC)
Has Dr. Bawumyah Promised Ghanaians New Ghana? Aug 23, 2008
The most troubling issue has been the fact that Ghana was dragged to the international court in the Hague for breach of contract, and we are still paying the Malaysians by instalments; an amount that translates to more 200% of the capital they initially invested in Ghana Telecom. This propensity to do something anew has largely been influenced by political expediency to dazzle the largely ill-informed electorate. (Ghana Web, Ghana)
Cargill loses case against ex-employees Aug 22, 2008
The claims sought by Cargill included misappropriation of trade secrets, breach of contract and fraud, all of which were considered during a three-week trial in U.S. District Court before Judge Lawrence J. O'Neill. The three employees had worked out of Cargill's Stockton office. (Fresno Bee)
Maker warns of voting machine errors Aug 22, 2008
The company sued the county for breach of contract. Brunner then countersued, citing the dropped votes that the company acknowledged in its letter to Brunner this week. (MSNBC -- Politics)
Planning to E-Vote? Read This First Aug 22, 2008
Brunner's suit accuses Premier of, among other things, breach of contract and breach of warranty, and seeks court acknowledgement that Premier did not honor its contract. The countersuit also asks for damages of at least $25,000 against Premier for voting system malfunctions that have caused problems in at least 11 of the 44 counties using Premier's technology during elections since 2005. (Scientific American)
Gas talkMamas boys really Aug 22, 2008
But, the contract is now stuck in a legal row over the issue of cap on liability in case of breach of contract. The matter is pending before the Bombay High Court. (India Infoline.com)
Former principal suing district Aug 22, 2008
He accuses the school district of breach of contract, failure to deal in good faith, and retaliation in the events that resulted in his suspension in February and then the nonrenewal of his contract for the following year. Since the lawsuit was filed, Clevenger has been hired as principal at San Marcos High School in Santa Barbara, and he said Wednesday that because of his new job he would not return to SYVUHS even if the school board were ordered to reinstate him. (Santa Maria Times)
Farmworkers: We Were Cheated Out Of Wages Aug 22, 2008
The two dozen workers are accusing Galt-based Salvador Gonzalez Farm Labor Contractor of breach of contract and of violating state and federal law. Their lawsuit was filed Thursday in Sacramento federal court. (KCRA 3, CA)
Judge approves bid for Mackenzie mill Aug 22, 2008
Canfor argued in court to have its chip agreement cancelled, citing breach of contract after the mill fell into receivership in May. On Thursday, B.C. Supreme Court Chief Justice Donald Brenner approved the offer valued at $20-million and said Canfor must continue to supply the chips. (Globe and Mail -- Business)
Mattel seeks $2b from MGA in Bratz dolls case Aug 21, 2008
The jury also found that MGA aided in the breach of contract, and its chief executive, Isaac Larian, played a role in the deal. Mattel attorney John Quinn said MGA owed Mattel at least $1 billion in Bratz profits and interest, while Larian owed nearly $800 million for his complicity. (Boston Globe)
Can MySpace Suits Can the Spam? Aug 21, 2008
Neel Chatterjee, the Orrick lawyer representing Facebook in its spam case, declined to comment publicly, but the lawsuit accuses Guerbuez of violating the CAN-SPAM Act as well as breach of contract. Guerbuez, who is also associated with a now-defunct Web site hawking videos of homeless people being beaten, doesn't appear to be fighting the lawsuit. (Law.com)
Lawyer Sanctioned for 'Hijacking' Case for His Own Cause Aug 21, 2008
Aretakis filed a diversity action in federal court for breach of contract, fraud, detrimental reliance, intentional infliction of emotional distress, breach of fiduciary duty and unjust enrichment. He named as defendants the Albany archdiocese, Bishop Howard Hubbard and various nonprofit agencies, as well as the federal government and its Federal Emergency Management Agency. (Law.com)
DAILY DIGEST Aug 21, 2008
The jury also found that MGA and its chief executive officer, Isaac Larian, aided in the breach of contract. FDIC sets deal for IndyMac borrowers. (San Francisco Chronicle -- Technology)
Pizza Inn crafts rebounds Aug 21, 2008
And PepsiCo sued it in 2006 for breach of contract. Those lawsuits distracted management and bred apathy among franchisees and a loss of same-store sales. (Dallas Business Journal, TX)
Mattison files civil suit against county Aug 21, 2008
Mattison filed a claim against the county's insurance in late March, alleging breach of contract and defamation; the claim was denied by the county in July. Mattison sought $4. (Chetek Alert, WI)
Affair With Former Client's Wife Costs Attorney $1.5 Million Aug 20, 2008
The appellate court found Pierce, a solo practitioner, liable for intentional infliction of emotional distress, breach of contract and alienation of affection ... In June 2006, a jury granted Ernest Cook $300,000 for alienation of affection, $200,000 for breach of contract and $1 million for intentional infliction of emotional distress ... The Mississippi Supreme Court on Aug. 14 rejected Pierce's argument that the statute of limitations had expired on the alienation and emotional distress... (Law.com)
Alleged 'Bigfoot' find proved to be big fake Aug 20, 2008
Biscardi, who said he believes Whitton and Dyer are guilty of fraud and breach of contract, said attorneys will handle the situation and work to retrieve the money given to the men. Biscardi said he also plans to seek damages and a public apology. (Palo Alto Online, CA)
Developer sues Wachovia for more than $1M Aug 19, 2008
The suit alleges breach of contract, bad faith and unfair dealing, and seeks damages in excess of $1 million. The borrower, Promenade at Doral II LLC, is the developer of a 531-unit residential condominium community known as Promenade Lakes at Doral. (South Florida Business Journal, FL)
Judge must pay $82K in legal fees Aug 19, 2008
They sued him for breach of contract in Broward County. French did not return calls for comment Monday. (The Palm Beach Post)
30 Seconds To Liftoff Aug 19, 2008
Actor and rocker Jared Leto, frontman for the band 30 Seconds To Mars, blasted back at music label EMI yesterday, calling the 30 million breach of contract lawsuit the company filed Friday against the group "ridiculously oversized, totally unrealistic and pretty silly.". In a diatribe on his Web site yesterday, Leto - who recently played John Lennon's killer in the movie "Chapter 27" - accused the record giant of airing his dirty laundry in public after the two sides couldn't reach an agreement... (New York Post -- Business)
'Dogs release Sonny Bill from contract Aug 18, 2008
The settlement also put an end to any court action by the Bulldogs towards Williams' manager Khoder Nasser or Toulon for enticing a breach of contract. While the Bulldogs closed the door on Williams today, their former prized asset could leave a lasting legacy, with the club struggling to replace his sizeable $400,000 chunk in next year's salary cap. (Sydney Morning Herald -- Sport)
Newth Talks Tax: Tax on leaving employee Aug 18, 2008
The two payments are effectively in respect of breach of contract by the employer. Col' offered a word of caution. (Accounting Web, UK)
Voting Machine Doubts Linger Aug 17, 2008
Last week Brunner sued the manufacturer, now known as Premier Election Systems, for breach of contract, citing recent elections where votes were dropped when memory cards were uploaded. "There have been no votes lost, just votes that are missed and hours later or days later recovered," Brunner says. (CBS News)
Frenchtown fire chief on leave in light of board conflict Aug 17, 2008
And attorney Stacey Weldele-Wade wrote a letter to trustees outlining the chief's allegations against the board for breach of contract and creating a hostile work environment. For now, there's no knowing when Waldron will return, although he said he's still available to staff, responds to critical calls and continues to work on the 2009 budget as the deadline nears. (Missoulian, MT)
Iraq Injury Spurs Class Action Against KBR Aug 16, 2008
The appeals court held that the drivers had no grounds to sue because they alleged a breach of contract claim that only the government could bring. (U.S. ex rel. (Law.com)
* Free software fans can celebrate after court rules on code Aug 16, 2008
In the latest case, involving a computer application that model-train enthusiasts use to program the chips that control their trains, the US District Court in San Francisco ruled that the plaintiff could sue for breach of contract but not copyright infringement. Robert Jacobsen, who manages an open-source software group that created an application he says was infringed, sought an injunction against KAM Industries, which makes a rival product. (Taipei Times, Taiwan -- World)
Even free software has copyrights: judge Aug 16, 2008
In the latest case, which involved a computer application that model-train enthusiasts use to program the chips that control their trains, the U.S. District Court in San Francisco ruled that the plaintiff could sue for breach of contract but not copyright infringement. The distinction is important because it's easier to recover monetary damages in a copyright-infringement case. (Sydney Morning Herald -- Technology)
Legal milestone for open source Aug 15, 2008
" Instead the court ruled he might be able to claim breach of contract. Legal experts have said the distinction is important since under federal copyright law a plaintiff can seek statutory damages and can be more easily granted an injunction than under contract law. But now the US appeals court "determined that the terms of the Artistic License are enforceable copyright conditions". "Copyright holders who engage in open source licensing have the right to control the modification and... (BBC News)
Responding to Former Client's Lawsuit, Reed Smith Denies Churning Fees Aug 15, 2008
In terms of the breach of contract claim against it, Reed Smith argued the "unfavorable outcome" complained of by the foundation was a jury verdict against the nonprofit. "There was no contractual promise that Reed Smith would obtain a defense verdict for Bair on all claims," the response stated. (Law.com)
Open-source software no longer up for grabs Aug 15, 2008
The lower court had ruled that copyright claims did not apply, but that Jacobsen could pursue breach of contract claims. The distinction is important because the potential remedies under federal copyright law are much stronger than under contract law, said Jacobsen's lawyer, Victoria Hall. (MSNBC -- Politics)
Surge Global Reports Profit; Files Cross Complaint Aug 15, 2008
Additionally, on August 1, 2008, Surge Global filed a counterclaim in San Diego Superior Court against its former CEO, David Perez, and a former board member, Daniel Schreiber, alleging Breach of Fiduciary Duty, Breach of Contract, Fraud, Conspiracy and a Claim for Injunctive Relief. The Surge Global Energy, Inc. logo is available at. (Primezone Releases)
Court: Copyrights Apply for Free Software Aug 15, 2008
In the latest case, which involved a computer application that model-train enthusiasts use to program the chips that control their trains, the U.S. District Court in San Francisco ruled that the plaintiff could sue for breach of contract but not copyright infringement. The distinction is important because it s easier to recover monetary damages in a copyright-infringement case. (Time.com)
Paris Sued for Lack of Pledge Class Aug 14, 2008
Not concerning itself with what a daunting task that was, the film's distributor, Florida-based Worldwide Entertainment Group, sued the heiress Tuesday for breach of contract, charging that she didn't come through after being paid $1 million to star in and promote the 2006 comedy. Oh, she starred in it alright, playing sorority queen Victoria English. (E! Online)
Bid to Seal Records in $2.5 Billion Lawsuit Rejected Aug 14, 2008
On April 7, L.K. sued Quantek and several affiliated entities for breach of contract. The parties subsequently entered into a so-ordered confidentiality agreement in which they stipulated that documents exchanged during discovery could be labeled "confidential" or "confidential -- counsel only." Prior to filing or using any such records in court, the stipulation required a party to "obtain an appropriate order from the Court pursuant to section 216.1(a) of the Uniform Rules for the New York... (Law.com)
Firm's Bad-Faith Case Against Legal Malpractice Insurers Tossed Aug 14, 2008
In Cordisco Bradway & Simmons v. Gulf Insurance, Cordisco Bradway brought claims of breach of contract, bad faith, breach of fiduciary duty, negligent misrepresentation and detrimental reliance ... Bernstein granted a motion for judgment on the pleadings as to the breach of contract and breach of fiduciary duty claims, ruling there couldn't have been a breach because the claim was excluded from coverage. (Law.com)
Cybersex Patent Case Leads to Bad Vibes Between Firm, Client Aug 14, 2008
The U.S. Court of Appeals for the Federal Circuit agreed, , though it left the door open for a breach of contract dispute with Immersion. SEED OF DISCONTENT. (Law.com)
Tow shop owner arrested Aug 14, 2008
"This all stems from the events from which we sued the city alleging breach of contract," said Dickey. "We have always maintained and continue to maintain he's done nothing wrong, and everything he's done has complied with the terms of the city contract.". (Ames Daily Tribune, IA)
Judge: Even 'Free' Open-Source Code is Licensed Aug 14, 2008
Generally, a copyright owner who grants a nonexclusive license to use his copyrighted material waives his right to sue the licensee for copyright infringement and can sue only for a breach of contract, as demonstrated by the Sun Microsystems vs. Microsoft case. If, however, a license is limited in scope and the licensee acts outside the scope, the licensor can bring an action for copyright infringement, according to the appeals court. (Yahoo News -- Technology)
People: Orlando Bloom, Vanessa Hudgens, Laurent Cantet Aug 14, 2008
In the lawsuit, filed in Los Angeles, the producer, Johnny Vieira , accuses the performer and her manager-father, Greg Hudgens , of breach of contract and fraud, seeking more than $27 million in damages. The agreement, Vieira states, called for him to share equally in advances, royalties and merchandising from her career. (International Herald Tribune)
Guest opinion: Why support the Lebanon School Board recall effort Aug 14, 2008
Observer wrote on Aug 11, 2008 5:47 PM:" Ok, we'll explain once again. This recall is not about Jim Robinson. It is about two people who are performing in a totally unacceptable manner as Board members. They ignore he rules, trample on contracts, ignore policies and procedures, insult fellow Board members and staff, and generally act as though there are no rules with which they have to comply. In addition, they have been grossly malfeasant in their fiscal responsibilities to the district's... (Lebanon Express, OR)
Disney star Vanessa Hudgens sued by music producer Aug 13, 2008
In the lawsuit, filed on Monday in Los Angeles Superior Court, plaintiff Johnny Vieira accuses the 19-year-old performer and her manager-father, Greg Hudgens, of breach of contract and fraud, seeking more than $27 million in damages. Hudgens' record label, the Walt Disney Co.-owned Hollywood Records, also is named as a defendant in the suit. (Reuters)
"That Just Wasn't My Wife..." Aug 13, 2008
The Davidson's are now suing Dr. Stokes for breach of contract because they say they signed paperwork that led them to believe he was participating in the Injury Compensation Fund. Written by Nancy Yamada9NEWS NOW. (W-USA News, DC)
Court Green-Lights Swift Trucking Class Action Aug 12, 2008
The lawsuit alleges breach of contract, breach of the implied covenant of good faith and fair dealing based on Swift's failure to pay for all miles driven, and failure to accurately calculate miles. About Hagens Berman Sobol Shapiro LLP The law firm of Hagens Berman Sobol Shapiro LLP is based in Seattle with offices in Chicago, Boston, Los Angeles, Phoenix, San Francisco and New York. (PR Newswire)
Eating-Disorder Class Actions Get Judge's Go-Ahead Aug 12, 2008
The result was to knock out those plaintiffs' claims under the Mental Health Parity Law and the Consumer Fraud Act, along with common-law claims for breach of contract, breach of implied duty of good faith and fair dealing, misrepresentation, unjust enrichment and tortious interference with contract. They are left only with their claims under ERISA, which does not afford a jury trial and often requires review under an arbitrary and capricious standard. (Law.com)
Pa. Judge OKs Malpractice Suit Against Nixon Peabody Aug 12, 2008
Rubin alleged claims for breach of contract, promissory estoppel, violation of equal protection rights and violation of due process rights. The housing authority defendants filed a counterclaim, according to the opinion. (Law.com)
Miramax says columnist failed to deliver book Aug 12, 2008
New York Miramax Film Corp. has sued British writer and columnist Allison Pearson for breach of contract for failing to deliver a promised novel. The Oscar-winning film studio accuses Pearson, a regular columnist for Britain's Daily Mail newspaper, of accepting $700,000 five years ago in return for the rights for an unpublished book titled I Think I Love You. (Globe and Mail -- Entertainment)
PartyGaming bets on Empire Online Aug 11, 2008
Empire filed a lawsuit claiming breach of contract which was settled by PartyGaming paying out $250m in return for the Empirepoker. com website and other assets from Empire. (Yahoo News -- Gambling & Lottery)
Too lax with coal mining rip-off Aug 11, 2008
Refusing to submit to the government the sales proceeds of its coal share from mining concessions is a criminal act, an outright breach of contract. We wonder why the government (Finance Ministry) is being so lenient and waiting so long to get tough with the errant mining firms. (Jakarta Post, Indonesia -- Editorial)
Sugarland, Scars on Broadway have new CDs Aug 9, 2008
Hawthorne Heights sued (and was subsequently countersued by) its label, Victory, for breach of contract (since resolved); then, late last year, guitarist Casey Calvert died from an accidental overdose of prescription drugs on the groups tour bus. Not surprisingly, on Fragile Future, HH finds comfort in the familiar, with frontman J.T. Woodruff layering catchy (if slightly worn-sounding) vocal melodies over stop-and-start guitar chug that never gets too fuzzy. (MSNBC -- Music)
