KProfsBlog

FBI Employee Allegedly Fired For Displaying a Gay Pride Flag at Work Illegal, Wrong, or Just Stupid?

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-...

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

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...

Well, salted cured meats . . .

Such an epic display of GOP hypocrisy. The same day as the House denounces socialism in all its forms, the President welcomes a socialist to the White House

Jealous girlfriend meme with Donald Trump smiling at Zohran Mamdani and Stephen Miller looking jealous

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.

“Raised concerns”? The strikes are clearly illegal — a violation of both U.S. and international law. Journalists need to use the language that the situation calls for.

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

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...

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.

A Peek Inside the World’s Largest Black Religious Broadcasting Network Through a Race-Discrimination Claim Brought by a Black Minister

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...

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

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-...

Professor Robert Stevens

Professor Bryant Walker Smith

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...

The mob boss has a message for journalists. It’s subtle.

Shameful!

Hurricane Florence

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...

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

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...

Redhead young woman in a gray flannel shirt hugging a gray, long-haired cat with green eyes.

#Caturday. My daughter and my grandpawter. So proud!

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

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-...

A Couple Tidbits From the World of Business What I Learned from the Money Stuff Podcast this Week

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...

Michael Palin and John Cleese in Monty Python’s “Argument Sketch"

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...

Tuesday Top Ten – Contracts & Commercial Law Top SSRN Downloads for November 11, 2025 Spanning the globe, bringing you constant variety of recent scholarship!

The new Top Tens are out. No movement at the top.
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...

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.

The stupidity of our elected officials is only exceeded by their capacity to generate bullsh*t.

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

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...

Nothing tops leaf blowers for annoying noise

Psst. Maybe somebody should tell them that NASA has already been to the moon.

An inebriated chatbot

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...

As a taxpayer, I want to send the responsible parties at the DoJ (in their personal capacities) a bill for the waste, fraud, and abuse involved in this farce.

All quiet by me.