(U.S. 7th Cir., Banking Law, Civil Procedure, Criminal Law & Procedure, Ethics & Professional Responsibility, Injury And Tort Law, Probate, Trusts & Estates) In a RICO suit against a bank, two law firms, and affiliated individuals, grant of defendants’ motion to dismiss on the ground that the complaint itself showed that plaintiffs had missed the [...]
(U.S. 7th Cir., Civil Procedure, Contracts, Health Law, Injury And Tort Law, Insurance Law, Professional Malpractice) District court’s order issuing a stay of federal proceedings in an insurer’s request for declaratory judgment, claiming that it no longer has a duty to defend or indemnify a doctor due to his disappearance in more than 350 medical [...]
(Cal. App., Attorney’s Fees, Banking Law, Contracts, Government Law, Injury And Tort Law, Property Law & Real Estate) In a suit for breach of contract, breach of the implied covenant of good faith and fair dealing, and unfair business practices, trial court’s order sustaining without leave to amend a demurrer to plaintiffs’ first amended complaint [...]
(U.S. 1st Cir., Civil Procedure, Constitutional Law, Government Law, Health Law, Injury And Tort Law, Professional Malpractice) In plaintiff’s suit against a first-year medical resident claiming that she was sexually assaulted during an examination, judgment in favor of the defendant is affirmed where: 1) the district court’s evidentiary rulings were not error; and 2) the [...]
(U.S. 8th Cir., Civil Procedure, Corporation & Enterprise Law, Injury And Tort Law, Securities Law) In an action alleging violations of the Minnesota Securities Act, negligent and fraudulent misrepresentation, and breach of fiduciary duty, summary judgment for defendants is affirmed in part where: 1) plaintiff’s misrepresentation claims based on the company at issue’s revenue projections [...]
(U.S. 10th Cir., Administrative Law, Government Benefits, Government Law, Health Law, Injury And Tort Law, Professional Malpractice) In the Oklahoma Health Care Authority (OHCA)’s appeal from the district court’s order allotting part of a malpractice settlement to OHCA in full satisfaction of the lien, the order is reversed where the district court correctly construed Oklahoma [...]
(N.Y., Injury And Tort Law, Probate, Trusts & Estates, Professional Malpractice, Tax Law) In a legal malpractice action alleging that defendants negligently advised decedent to transfer, or failed to advise decedent not to transfer, an insurance policy which resulted in an increased estate tax liability, the appellate division’s affirmance of dismissal of the action is [...]
(Cal. App., Contracts, Corporation & Enterprise Law, Injury And Tort Law) In an action for breach of contract, misrepresentation, and related causes of action, summary judgment for defendant is reversed where an issue of fact existed on the question of whether defendant dominated and controlled certain corporations and thus constituted their alter ego.
(U.S. D.C. Cir., Administrative Law, Agriculture, Civil Procedure, Civil Rights, Government Law, Injury And Tort Law) In an action by Fourteen African American farmers alleging that the U.S. Department of Agriculture discriminated against them on the basis of race (and, in one case, gender) in administering the agency’s federally funded credit and benefit programs, summary [...]
(U.S. 8th Cir., Civil Rights, Constitutional Law, Criminal Law & Procedure, Government Law, Injury And Tort Law) In an action by a pretrial detainee at the Oregon County jail asserting that defendants violated his rights in failing to ensure his safety after a fire broke out at the jail, summary judgment for defendants is affirmed [...]