By: Timothy Murray MURRAY , HOGUE & LANNIS I was asked by a company to revise its standard boilerplate legal terms found on the back of its purchase order form so that its terms would prevail in a battle of the forms contest—where contracts...

Transform Holdco LLC v. Sears Holdings Corp. (In re Sears Holdings Corp.) United States District Court for the Southern District of New York May 6, 2022, Decided; May 6, 2022, Filed 21 CV 5782 (VB) Opinion OPINION AND ORDER Briccetti, J. : Appellant Transform...

The father, Earl G. Perry, Sr., gave to his son, Earl G. Perry, Jr., a substantial amount of stock in the corporation, in which, the father was a part owner. When the son became an attorney, the father signed a written guarantee prepared by the son of...

Davide Carbone filed a complaint against Cable News Network (CNN) for publishing a series of allegedly defamatory news reports about him and the medical center he administered. CNN moved to strike the complaint under the Georgia anti-SLAPP (Strategic...

United States v. Eichman Supreme Court of the United States May 14, 1990, Argued ; June 11, 1990, Decided 1 Nos. 89-1433, 89-1434 Opinion  [*312]   [***292]   [**2406]  In these consolidated appeals, we consider whether appellees' prosecution for...

AMG Capital Mgmt., LLC v. FTC Supreme Court of the United States January 13, 2021, Argued; April 22, 2021, Decided No. 19-508. Opinion Justice Breyer delivered the opinion of the  [*5]  Court. Section 13(b) of the Federal Trade Commission Act authorizes...

United States v. Dairy Farmers of Am., Inc. United States Court of Appeals for the Sixth Circuit July 19, 2005, Argued ; October 25, 2005, Decided ; October 25, 2005, Filed File Name: 05a0424p.06 No. 04-6318 Opinion  [*852]   [***1]  CLAY, Circuit Judge...

Defendants Michael D. Andreas and Terrance S. Wilson were executives at Archer Daniels Midland Company (“ADM”), an Illinois-based agriculture processing company. They were charged with and convicted of conspiracy to restrain trade; they were...

Htp, Ltd. v. Lineas Aereas Costarricenses Supreme Court of Florida October 17, 1996, Decided No. 86,913 Opinion  [*1238]  SHAW, J. We have for review HTP, Ltd. v. Lineas Aereas Costarricenses S.A. , 661 So. 2d 1221 (Fla. 3d DCA 1995) ,  [**2]  which expressly...

Gutierrez v. Collins the Supreme Court of Texas Jun. 13, 1979 No. B-7943 Opinion  [*313]  Sam D. Johnson, Justice This appeal brings into question the continued validity of two conflict of laws rues which heretofore have been considered well-established...