KProfsBlog
@kprofsblog.bsky.social
The ContractsProf Blog is unofficially the official blog of the AALS Section on Contracts, curated by Jeremy Telman, OCU School of Law. Special attention to arbitration, contacts & constitutional law, and international law whenever possible
Somebody needs to be removed from the FBI, and it isn’t David Maltinsky, who alleges that he was fired after 16 years at the agency for having displayed in his work space a pride flag given to him by the agency to recognize his work on diversity initiatives.
www.contractsprofblog.com/2025/11/fbi-...
www.contractsprofblog.com/2025/11/fbi-...
FBI Employee Allegedly Fired For Displaying a Gay Pride Flag at Work
Illegal, Wrong, or Just Stupid?
www.contractsprofblog.com
November 25, 2025 at 12:30 PM
Somebody needs to be removed from the FBI, and it isn’t David Maltinsky, who alleges that he was fired after 16 years at the agency for having displayed in his work space a pride flag given to him by the agency to recognize his work on diversity initiatives.
www.contractsprofblog.com/2025/11/fbi-...
www.contractsprofblog.com/2025/11/fbi-...
Google provides its analytic services to healthcare providers, so they have to send it information. Were they sending Google too much information, violating HIPAA. The District Court allows claims relating to pre-2023 conduct to proceed.
www.contractsprofblog.com/2025/11/clas...
www.contractsprofblog.com/2025/11/clas...
Class Action Against Google Can Proceed for Claims Related to Conduct Prior to 2023
In Doe I v. Google LLC, the U.S. District Court for the Northern District of California begins in medias res but then cuts to the chase. Plaintiffs’ first
www.contractsprofblog.com
November 24, 2025 at 1:08 PM
Google provides its analytic services to healthcare providers, so they have to send it information. Were they sending Google too much information, violating HIPAA. The District Court allows claims relating to pre-2023 conduct to proceed.
www.contractsprofblog.com/2025/11/clas...
www.contractsprofblog.com/2025/11/clas...
Reposted by KProfsBlog
Given today’s congressional resolution denouncing socialism in all its forms and the warm reception accorded Zoran Mamdani in the Oval Office, I expect that Speaker Johnson will be drafting Articles of Impeachment today.
November 21, 2025 at 10:52 PM
Given today’s congressional resolution denouncing socialism in all its forms and the warm reception accorded Zoran Mamdani in the Oval Office, I expect that Speaker Johnson will be drafting Articles of Impeachment today.
Today’s post is a re-post of Carliss Chatman’s list of events at the AALS conference in New Orleans in January, 2026 from the AALS Section on Race and Private Law. It’s a new section but it is ACTIVE!
www.contractsprofblog.com/2025/11/aals...
www.contractsprofblog.com/2025/11/aals...
AALS Sessions from the Race and Private Law Section
Forwarding a message from Section Chair, SMU Law Professor Carliss Chatman Here's what's on the agenda: Wednesday at 11:10 AM: Patricia J. Williams Award
www.contractsprofblog.com
November 21, 2025 at 12:23 PM
Today’s post is a re-post of Carliss Chatman’s list of events at the AALS conference in New Orleans in January, 2026 from the AALS Section on Race and Private Law. It’s a new section but it is ACTIVE!
www.contractsprofblog.com/2025/11/aals...
www.contractsprofblog.com/2025/11/aals...
Among the things that should shock us but doesn’t anymore is that this poor man has to grade 122 college essays and then do it again for the 47 students who cheated by using AI to write the papers. Makes me grateful that I failed as a historian and was forced to become a law prof.
“History shows us that the right to literacy came at a heavy cost…those oppressed recognized that literacy is liberation. To my students & to anyone who might listen, I say: Don’t surrender to AI your ability to read, write & think when others once risked their lives & died for the freedom to do so”
I Set A Trap To Catch My Students Cheating With AI. The Results Were Shocking.
"Students are not just undermining their ability to learn, but to someday lead."
www.huffpost.com
November 21, 2025 at 12:20 PM
Among the things that should shock us but doesn’t anymore is that this poor man has to grade 122 college essays and then do it again for the 47 students who cheated by using AI to write the papers. Makes me grateful that I failed as a historian and was forced to become a law prof.
The man who led that largest Black religious broadcasting network was a white guy named Kevin Adell, until 100 Black Ministers led a boycott of the network due to Adell’s alleged racial insensitivity. Now, there’s a lawsuit, and it’s a page-turner.
www.contractsprofblog.com/2025/11/a-pe...
www.contractsprofblog.com/2025/11/a-pe...
A Peek Inside the World’s Largest Black Religious Broadcasting Network
Through a Race-Discrimination Claim Brought by a Black Minister
www.contractsprofblog.com
November 20, 2025 at 1:00 PM
The man who led that largest Black religious broadcasting network was a white guy named Kevin Adell, until 100 Black Ministers led a boycott of the network due to Adell’s alleged racial insensitivity. Now, there’s a lawsuit, and it’s a page-turner.
www.contractsprofblog.com/2025/11/a-pe...
www.contractsprofblog.com/2025/11/a-pe...
It’s not often that I get worked up about an ethics complaint, but this Colorado case violates the autonomy principles underlying freedom of contract and robs clients of the lawyer of their choice.
www.contractsprofblog.com/2025/11/non-...
www.contractsprofblog.com/2025/11/non-...
Non-Solicitation Agreement May Be Enforced Against Attorney in Colorado
Colorado Rule of Professional Conduct 5.6(a) prohibits agreements that “restrict the right of a lawyer . . . to practice after termination of the
www.contractsprofblog.com
November 19, 2025 at 2:39 PM
It’s not often that I get worked up about an ethics complaint, but this Colorado case violates the autonomy principles underlying freedom of contract and robs clients of the lawyer of their choice.
www.contractsprofblog.com/2025/11/non-...
www.contractsprofblog.com/2025/11/non-...
Lots of familiar names on the new Top Tens, but Robert Stevens on Crypto as Property and @bryantws.bsky.social on Self-Driving Cars tops the lists.
www.contractsprofblog.com/2025/11/tues...
www.contractsprofblog.com/2025/11/tues...
November 19, 2025 at 2:21 PM
Lots of familiar names on the new Top Tens, but Robert Stevens on Crypto as Property and @bryantws.bsky.social on Self-Driving Cars tops the lists.
www.contractsprofblog.com/2025/11/tues...
www.contractsprofblog.com/2025/11/tues...
Today’s post covers a case that is mostly about torts, but it is crucially about the duty to read. At least in N. Carolina, you can escape being charged with contributory negligence for failing to read if your counterparty’s conduct put you “off your guard"
www.contractsprofblog.com/2025/11/sign...
www.contractsprofblog.com/2025/11/sign...
November 18, 2025 at 12:32 PM
Today’s post covers a case that is mostly about torts, but it is crucially about the duty to read. At least in N. Carolina, you can escape being charged with contributory negligence for failing to read if your counterparty’s conduct put you “off your guard"
www.contractsprofblog.com/2025/11/sign...
www.contractsprofblog.com/2025/11/sign...
Similar to a post from last week but much more complicated. Original defendants claim that they did not know about the arbitration agreement until they received it in discovery; new defendants claim that they are, well, new to the litigation.
www.contractsprofblog.com/2025/11/neit...
www.contractsprofblog.com/2025/11/neit...
Neither Defendant Nor Co-Defendants Added Later Can Compel Arbitration Two Years Into the Litigation
We posted last week about a very short unpublished opinion from the Sixth Circuit affirming the district court’s denial of a motion to compel arbitration
www.contractsprofblog.com
November 17, 2025 at 1:15 PM
Similar to a post from last week but much more complicated. Original defendants claim that they did not know about the arbitration agreement until they received it in discovery; new defendants claim that they are, well, new to the litigation.
www.contractsprofblog.com/2025/11/neit...
www.contractsprofblog.com/2025/11/neit...
Plaintiffs share information about an opportunity with business students for a class project. They now allege students improperly shared the information with a competitor, which tortiously interfered. Surprised this kind of thing doesn’t happen more often.
www.contractsprofblog.com/2025/11/did-...
www.contractsprofblog.com/2025/11/did-...
Did Indiana University Business Students Steal a $2 Billion Business Opportunity?
As Jack Forrest reported in the Indiana Daily Student back in February, Tim and Doris Anne Sadler sued Indiana University’s Kelley School of Business (the
www.contractsprofblog.com
November 14, 2025 at 12:41 PM
Plaintiffs share information about an opportunity with business students for a class project. They now allege students improperly shared the information with a competitor, which tortiously interfered. Surprised this kind of thing doesn’t happen more often.
www.contractsprofblog.com/2025/11/did-...
www.contractsprofblog.com/2025/11/did-...
Today’s post is an ICYMI and update on some reporting from the @moneystuff.bsky.social podcast. Two topics: Investment firms seeking to profit off the government’s obligations to reimburse those who paid tariffs and Novo Nordisk’s attempt to acquire Metsera
www.contractsprofblog.com/2025/11/a-co...
www.contractsprofblog.com/2025/11/a-co...
A Couple Tidbits From the World of Business
What I Learned from the Money Stuff Podcast this Week
www.contractsprofblog.com
November 13, 2025 at 12:31 PM
Today’s post is an ICYMI and update on some reporting from the @moneystuff.bsky.social podcast. Two topics: Investment firms seeking to profit off the government’s obligations to reimburse those who paid tariffs and Novo Nordisk’s attempt to acquire Metsera
www.contractsprofblog.com/2025/11/a-co...
www.contractsprofblog.com/2025/11/a-co...
Space Coast Credit Union came to the 11th Circuit asking if this is the right place for an argument. “I’ve told you once,” said the Court. “If you block arbitration, you have to litigate.” “No you haven’t.” “I just did.” And so it went.
www.contractsprofblog.com/2025/11/elev...
www.contractsprofblog.com/2025/11/elev...
November 12, 2025 at 12:20 PM
Space Coast Credit Union came to the 11th Circuit asking if this is the right place for an argument. “I’ve told you once,” said the Court. “If you block arbitration, you have to litigate.” “No you haven’t.” “I just did.” And so it went.
www.contractsprofblog.com/2025/11/elev...
www.contractsprofblog.com/2025/11/elev...
The new Top Tens are out. No movement at the top.
www.contractsprofblog.com/2025/11/tues...
www.contractsprofblog.com/2025/11/tues...
Tuesday Top Ten – Contracts & Commercial Law Top SSRN Downloads for November 11, 2025
Spanning the globe, bringing you constant variety of recent scholarship!
www.contractsprofblog.com
November 12, 2025 at 2:29 AM
The new Top Tens are out. No movement at the top.
www.contractsprofblog.com/2025/11/tues...
www.contractsprofblog.com/2025/11/tues...
Texas Supreme Court reverses judgment for natural gas transporter. Trial court erred by reading words into the contract and by awarding speculative damages. Yeesh.
www.contractsprofblog.com/2025/11/texa...
www.contractsprofblog.com/2025/11/texa...
November 11, 2025 at 12:30 PM
Texas Supreme Court reverses judgment for natural gas transporter. Trial court erred by reading words into the contract and by awarding speculative damages. Yeesh.
www.contractsprofblog.com/2025/11/texa...
www.contractsprofblog.com/2025/11/texa...
Hey Bluesky friends! I too am mad at the Neville Chamberlains on the Democratic side of the Senate. But please don’t lose sight of the fact that, forced to choose between health care and food, they chose food. The GOP still chooses neither.
November 10, 2025 at 3:46 PM
Hey Bluesky friends! I too am mad at the Neville Chamberlains on the Democratic side of the Senate. But please don’t lose sight of the fact that, forced to choose between health care and food, they chose food. The GOP still chooses neither.
I started teaching this case because I thought the question of acceptance by emoji would amuse my students. But it’s quite a lovely review of the objective theory of formation, as well as the Statute of Fraud’s writing requirement.
www.contractsprofblog.com/2025/11/an-a...
www.contractsprofblog.com/2025/11/an-a...
An Appreciation of Southwest Terminals v. Achter Land & Cattle
We have posted a Limerick about this case before, and we summarized it here. We also noted some scholarship on the case. The case was celebrated when it
www.contractsprofblog.com
November 10, 2025 at 12:31 PM
I started teaching this case because I thought the question of acceptance by emoji would amuse my students. But it’s quite a lovely review of the objective theory of formation, as well as the Statute of Fraud’s writing requirement.
www.contractsprofblog.com/2025/11/an-a...
www.contractsprofblog.com/2025/11/an-a...
Today on the blog: another story of AI-assisted research becoming AI-assisted Rule 11 sanctions. This time, it happened in Oklahoma.
www.contractsprofblog.com/2025/11/ai-l...
www.contractsprofblog.com/2025/11/ai-l...
November 7, 2025 at 12:10 PM
Today on the blog: another story of AI-assisted research becoming AI-assisted Rule 11 sanctions. This time, it happened in Oklahoma.
www.contractsprofblog.com/2025/11/ai-l...
www.contractsprofblog.com/2025/11/ai-l...
When is a mall “open?” American Dream Mall tried to argue that it was not open until it reached 100% occupancy, but the court didn’t buy it. Plus, if a mall is open, can it be open on Sundays in violation of blue laws?
www.contractsprofblog.com/2025/11/when...
www.contractsprofblog.com/2025/11/when...
November 6, 2025 at 11:16 PM
When is a mall “open?” American Dream Mall tried to argue that it was not open until it reached 100% occupancy, but the court didn’t buy it. Plus, if a mall is open, can it be open on Sundays in violation of blue laws?
www.contractsprofblog.com/2025/11/when...
www.contractsprofblog.com/2025/11/when...
The UCC’s Battle of the Forms is messy. Life is messier. The UCC assumes we can figure out which form is the offer and which is the acceptance, but it’s not always so easy, as the Sixth Circuit finds.
www.contractsprofblog.com/2025/11/the-...
www.contractsprofblog.com/2025/11/the-...
The Sixth Circuit Decides a Classic Battle of the Forms
In 2021, BorgWarner PDS Irapuato (BorgWarner), an automotive supplier based in Mexico, sought an agreement to buy bonded pistons from Parker Hannifin
www.contractsprofblog.com
November 5, 2025 at 12:49 PM
The UCC’s Battle of the Forms is messy. Life is messier. The UCC assumes we can figure out which form is the offer and which is the acceptance, but it’s not always so easy, as the Sixth Circuit finds.
www.contractsprofblog.com/2025/11/the-...
www.contractsprofblog.com/2025/11/the-...
New Top Tens are out. Robert Stevens leads the way asking, Should Crypto Be Property?
www.contractsprofblog.com/2025/11/tues...
www.contractsprofblog.com/2025/11/tues...
Tuesday Top Ten – Contracts & Commercial Law Top SSRN Downloads for November 4, 2025
Checking the charts as November starts!
www.contractsprofblog.com
November 5, 2025 at 12:45 PM
New Top Tens are out. Robert Stevens leads the way asking, Should Crypto Be Property?
www.contractsprofblog.com/2025/11/tues...
www.contractsprofblog.com/2025/11/tues...
Short post today as a public service: If you are going to seek to compel arbitration with a party that never signed an arbitration agreement, best not to wait until two years into the litigation to do so.
www.contractsprofblog.com/2025/11/no-c...
www.contractsprofblog.com/2025/11/no-c...
November 4, 2025 at 12:45 PM
Short post today as a public service: If you are going to seek to compel arbitration with a party that never signed an arbitration agreement, best not to wait until two years into the litigation to do so.
www.contractsprofblog.com/2025/11/no-c...
www.contractsprofblog.com/2025/11/no-c...
Went to see “Deliver Me From Nowhere.” Good movie. Show time was 3:30. When we arrived, the ticket said 3:50. Movie started at 4:20. The five us in the theater really enjoyed the forced exposure to VERY LOUD ads and previews of movies we will never see. Done with AMC.
November 3, 2025 at 5:44 PM
Went to see “Deliver Me From Nowhere.” Good movie. Show time was 3:30. When we arrived, the ticket said 3:50. Movie started at 4:20. The five us in the theater really enjoyed the forced exposure to VERY LOUD ads and previews of movies we will never see. Done with AMC.