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Swan Global Investments, LLC v. Young
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By Christopher G. Lazarini

Under the economic loss rule, a party suffering only an economic loss from the breach of an express or implied contractual duty may not assert a tort claim for the breach,

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Ninth Circuit Hears Oral Argument in Case Challenging FINRA’s Class Action Waiver Prohibition in Employment
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By George H. Friedman, SAA Editor-in-Chief

A case heard by the Ninth Circuit on February 13 addressed the validity of FINRA’s negative views on class action waivers in employment arbitration agreements.

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LCT Capital, LLC v. NGL Energy Partners LP
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By David C. Franceski, Jr.

*Under Delaware law, fraudulent misrepresentation need not be overt; deliberate concealment of a material fact or silence in the face of a duty to speak is enough.

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Berber v. Wells Fargo
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By Samuel B. Edwards

Appellate Court affirms district court’s dismissal of retaliation and RICO claims for an employee of Wells Fargo fired for not meeting sales expectations.

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District Court Issues Preliminary Injunction in Business Groups’ Challenge to New California Law Restricting Employment PDAA Use and Enforcement
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By George H. Friedman, SAA Editor-in-Chief

A federal district court has issued a preliminary injunction staying California AB-51 implementation, pending final determination on the merits of a suit challenging the statute.

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E*Trade Financial Corp. v. Eaton
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By Paul J. Dubow

Fraud on the court embraces only that species of fraud, which does, or attempts to, defile the court itself,

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