y In Re Irving Tanning Company By feeds.findlaw.com Published On :: 2017-12-04T08:00:00+00:00 (United States First Circuit) - Affirming bankruptcy court and district court rulings that a transaction involving the debt-financed purchase of a family owned leather manufacturer was not a fraudulent conveyance and did not amount to a violation of the fiduciary duties of the company's directors because the factual determinations were not clearly erroneous and supported the court's conclusions. Full Article Bankruptcy Law Corporation & Enterprise Law Corp. Governance
y ITV Gurney Holding, Inc. v. Gurney By feeds.findlaw.com Published On :: 2017-12-05T08:00:00+00:00 (California Court of Appeal) - Reversing the trial court's order reinstating the Gurneys, the producers of Duck Dynasty, to positions managing the day-to-day operations of the plaintiff company that they once owned and are the minority owners of, who had been fired from their roles as CEOs and removed from management, because the very operating agreement the Gurneys said gave them authority to manage actually gave the company, through its board, the ultimate authority and allowed them to remove the Gurneys from management, but affirming the preliminary injunction allowing them to continue as board members and barring the company from infringing their rights in that position. Full Article Corporation & Enterprise Law Corp. Governance Contracts
y The Police Retirement System of St. Louis v. Page By feeds.findlaw.com Published On :: 2018-04-16T08:00:00+00:00 (California Court of Appeal) - Affirming the grant of summary judgment to Google executives in a suit brought by three shareholders bringing derivative suits alleging the corporation was harmed by executives who agreed to refrain from actively recruiting employees working for competitors, an arrangement that had been previously abandoned when it gave rise to antitrust issues with the Department of Justice, because the claim was barred by the three-year statute of limitations. Full Article Civil Procedure Cyberspace Law Labor & Employment Law Corp. Governance Corporation & Enterprise Law
y Bushansky v. Shoon-Shiong By feeds.findlaw.com Published On :: 2018-05-29T08:00:00+00:00 (California Court of Appeal) - Affirming the dismissal of a shareholder derivative action filed in California because the forum selection provision on the company's certificate of incorporation designated Delaware as the forum for shareholder derivative actions. Full Article Civil Procedure Contracts Corp. Governance
y In re Sino Clean Energy, Inc. By feeds.findlaw.com Published On :: 2018-08-27T08:00:00+00:00 (United States Ninth Circuit) - Held that former board members of a corporation lacked corporate authority when they filed a Chapter 11 bankruptcy petition. The board members argued that they had the proper authority to file the bankruptcy petition even though a receiver appointed by a state court already had removed them from the board of directors. Rejecting their argument, the Ninth Circuit affirmed dismissal of the bankruptcy petition. Full Article Corporation & Enterprise Law Bankruptcy Law Corp. Governance
y Drulias v. 1st Century Bancshares, Inc. By feeds.findlaw.com Published On :: 2018-12-21T08:00:00+00:00 (California Court of Appeal) - Affirmed that a proposed shareholder class action could not proceed in a California court. The proper jurisdiction was Delaware because the defendant corporation had adopted a bylaw designating Delaware as the exclusive litigation forum for intra-corporate disputes. The forum selection bylaw was enforceable even though it had been adopted without stockholder consent. Full Article Corp. Governance Securities Law Civil Procedure
y Randall Joyner, et al., respondents, v. Middletown Medical, P.C., et al., appellants. By feeds.findlaw.com Published On :: -May 6, 2020-T08:00:00+00:00 (NY Supreme Court) - 2017–07383 (Index 12949/10) 12949/10 Full Article
y VRA FAMILY LIMITED PARTNERSHIP v. SALON MANAGEMENT USA LLC By feeds.findlaw.com Published On :: -May 6, 2020-T08:00:00+00:00 (NY Supreme Court) - 2019–09206 Index No. 604223/16 Full Article
y IN RE: AMY TT. By feeds.findlaw.com Published On :: -May 7, 2020-T08:00:00+00:00 (NY Supreme Court) - 529400 Full Article
y ELIZABETH PRENDERGAST v. MARIA SWIENCICKY By feeds.findlaw.com Published On :: -May 7, 2020-T08:00:00+00:00 (NY Supreme Court) - 527275 Full Article
y THE PEOPLE OF THE STATE OF NEW YORK v. JOSEPH BURNELL JR By feeds.findlaw.com Published On :: -May 7, 2020-T08:00:00+00:00 (NY Supreme Court) - 110389 Full Article
y IN RE: Anthony R. Parascando By feeds.findlaw.com Published On :: -May 7, 2020-T08:00:00+00:00 (NY Supreme Court) - 2020–03439 Index No. 85053/20 Full Article
y IN RE: Evelyn Robleto By feeds.findlaw.com Published On :: -May 7, 2020-T08:00:00+00:00 (NY Supreme Court) - 2020–03446 Index Nos. 85050/20, 85052/20 Full Article
y IN RE: HUDSON v. ALLEY HOUSING DEVELOPMENT FUND COMPANY By feeds.findlaw.com Published On :: -May 7, 2020-T08:00:00+00:00 (NY Supreme Court) - 528980 Full Article
y WALBERTO ZAPATA v. YUGO LLC By feeds.findlaw.com Published On :: -May 7, 2020-T08:00:00+00:00 (NY Supreme Court) - 527621 Full Article
y THE PEOPLE OF THE STATE OF NEW YORK v. ALEX PEREZ By feeds.findlaw.com Published On :: -May 7, 2020-T08:00:00+00:00 (NY Supreme Court) - 111110 Full Article
y The People, etc., ex rel. Matthew Hunter, on behalf of Gabriel Colon, petitioner, v. Cynthia Brann, etc., respondent. By feeds.findlaw.com Published On :: -May 8, 2020-T08:00:00+00:00 (NY Supreme Court) - 2020–03456 Full Article
y Morris v. California Physicians' Service By feeds.findlaw.com Published On :: 2019-03-18T08:00:00+00:00 (United States Ninth Circuit) - Held that a health insurance company did not violate the Affordable Care Act's Medical Loss Ratio provision, which requires an insurer to pay a rebate to enrollees if it uses less than 80 percent of the revenue it takes in to pay medical claims. Affirmed a dismissal, in this proposed class action lawsuit brought by health insurance enrollees. Full Article Health Law Insurance Law
y Encompass Office Solutions, Inc. v. Louisiana Health Service and Indemnity Co. By feeds.findlaw.com Published On :: 2019-03-19T08:00:00+00:00 (United States Fifth Circuit) - Affirmed a judgment in favor of a medical supplier in its lawsuit against a health insurance company that refused to pay for covered services. The supplier, which provides equipment and staffing to doctors who perform surgery in their own offices, prevailed in a jury trial. Full Article Health Law Insurance Law
y Komorsky v. Farmers Insurance Exchange By feeds.findlaw.com Published On :: 2019-03-29T08:00:00+00:00 (California Court of Appeal) - In an insurance coverage dispute, addressed whether the daughter of an insured car crash victim was entitled to benefits under an uninsured motorist policy. Affirmed a judgment on the pleadings. Full Article Insurance Law
y Halliburton Energy Services, Inc. v. Ironshore Specialty Insurance Co. By feeds.findlaw.com Published On :: 2019-04-17T08:00:00+00:00 (United States Fifth Circuit) - In an insurance dispute following an explosion and fire on an oil rig in Ohio, addressed arbitrability and personal jurisdiction issues. Affirmed in part and reversed in part the decision below. Full Article Oil and Gas Law Insurance Law
y Lloyd's Syndicate 457 v. FloaTEC, L.L.C. By feeds.findlaw.com Published On :: 2019-04-17T08:00:00+00:00 (United States Fifth Circuit) - Held that insurers that paid a claim arising from the failure of a floating oil-drilling platform could not proceed with a subrogation claim against an engineering firm that helped secure the platform to the ocean floor. Also addressed an arbitrability issue. Affirmed a dismissal. Full Article Oil and Gas Law Insurance Law Dispute Resolution & Arbitration
y Surgery Center at 900 North Michigan Avenue, LLC v. American Physicians Assurance Corp. By feeds.findlaw.com Published On :: 2019-04-25T08:00:00+00:00 (United States Seventh Circuit) - Held that an insurance company was not liable for bad faith for failing to settle a medical malpractice claim for the policy limit. Affirmed a JMOL against the claims of an outpatient surgical center. Full Article Health Law Insurance Law
y Mercury Ins. Co. v Lara By feeds.findlaw.com Published On :: 2019-05-09T08:00:00+00:00 (California Court of Appeal) - Judgment reversed and remanded. Defendant prevailed at an administrative hearing and civil penalties were imposed against Mercury. Mercury filed a writ of mandate, which the trial court granted. Appellate court held that the writ was issued in error, because the trial court did not use the proper standard of review, failed to give the proper presumption of correctness, and failed to place the burden of proof on Mercury. Full Article Civil Procedure Insurance Law Administrative Law
y Varlen Corp. v. Liberty Mutual Insurance Co. By feeds.findlaw.com Published On :: 2019-05-16T08:00:00+00:00 (United States Seventh Circuit) - Held that an insurance company did not have to indemnify an insured for the cost of cleaning up groundwater contamination at its industrial sites. Affirmed summary judgment in favor of the insurer, in this case involving the policy's pollution exclusion clause. Full Article Environmental Law Insurance Law
y Travelers Indemnity Co. v. Mitchell By feeds.findlaw.com Published On :: 2019-05-29T08:00:00+00:00 (United States Fifth Circuit) - Held that a county government's insurers had a duty to defend a civil rights lawsuit relating to the murder convictions of three innocent men who were later exonerated. The county contended that the insurance policies were triggered even though the wrongful acts occurred before the policy period. Affirmed that there was a duty to defend. Full Article Insurance Law Criminal Law & Procedure
y Fidelity and Deposit Co. v. Edward E. Gillen Co. By feeds.findlaw.com Published On :: 2019-06-03T08:00:00+00:00 (United States Seventh Circuit) - Held that a construction company's surety (an insurance company) may not augment its contractual indemnification rights with the ancient doctrine of quia timet -- equitable protection from probable future harm. The construction company allegedly had gone belly up on a government project. Affirmed summary judgment against the surety's claim. Full Article Insurance Law Construction Contracts
y Ekhlassi v. National Lloyds Insurance Co. By feeds.findlaw.com Published On :: 2019-06-04T08:00:00+00:00 (United States Fifth Circuit) - In an insurance coverage case, held that a homeowner delayed too long before bringing suit over a flood insurance claim. Affirmed summary judgment in favor of the insurer, holding that the suit was time-barred. Full Article Insurance Law
y Essex Insurance Company v. Blue Moon Lofts Condominium Association By feeds.findlaw.com Published On :: 2019-06-27T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. The subject of a legal judgment sought to pursue the doctrine of estoppel to compel their insurer to pay out on the judgment against them from a decade before the policy's active date. They suffered no prejudice from the insurer's action and their case was dismissed. Full Article Insurance Law Contracts
y Emmis Communications Corporation v. Illinois National Insurance Company By feeds.findlaw.com Published On :: 2019-07-02T08:00:00+00:00 (United States Seventh Circuit) - Reversed and remanded. The district court's entry of summary judgment for a company on a claim of breach of contract against an insurer was overturned because of the court's interpretation of the clause "as reported" to mean a report had been made, rather than referencing events that had already occurred at the time of the drafting. Full Article Insurance Law Contracts
y Neto v Atlantic Specialty Ins. Co By feeds.findlaw.com Published On :: 2019-07-02T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. Plaintiff was a passenger in an automobile that was involved in an accident. He was not a party to the insurance policy that covered the car, but was an unnamed additional insured. Plaintiff attempted to contact Defendant, the insurer of the car, but was unsuccessful. Plaintiff then reached his own settlement with at-fault driver of the other car. Defendant refused to agree to the settlement and denied coverage to Plaintiff stating that under the terms of the policy, Plaintiff had to have approval from them before settling. The trial court found that Plaintiff was not a party to the insurance contract, did not know the terms of the policy and could not be held to those terms. Full Article Injury & Tort Law Insurance Law
y Nautilus Insurance Company v. Access Medical, LLC By feeds.findlaw.com Published On :: 2019-07-02T08:00:00+00:00 (United States Ninth Circuit) - Certified Question. The panel certified the question of state law to the Nevada Supreme Court asking whether an insurer is entitled reimbursement of costs already expended in defense of its insured where a determination has been made that the insurer owed no duty to defend and there was an agreement requiring reimbursement, but with no reservation of rights. Full Article Civil Procedure Insurance Law Contracts
y Gale v. Chicago Title Insurance Company By feeds.findlaw.com Published On :: 2019-07-09T08:00:00+00:00 (United States Second Circuit) - Affirmed. Plaintiff, a Connecticut attorney, sued Defendants, a group of title insurance companies, for violating a Connecticut law that allows only Connecticut attorneys to act as title agents in the state. The original complaint contained class action allegations under the Class Action Fairness Act, but Plaintiff removed all class-action allegations in a subsequent complaint. The district court held that without the class-act allegations, it no longer had jurisdiction and dismissed the complaint. Full Article Civil Procedure Insurance Law Property Law & Real Estate
y PHL Variable Ins. Co. v. Town of Oyster Bay By feeds.findlaw.com Published On :: 2019-07-09T08:00:00+00:00 (United States Second Circuit) - Affirmed. Trial court dismissed Plaintiff’s complaint for failure to state a claim on the grounds that the claimed agreement entered into with Defendant had not be approved by the Defendant’s governing board as required by New York Town Law, hence there was no valid and enforceable contract. Full Article Insurance Law Contracts
y Universal Cable Productions v. Atlantic Specialty Insurance By feeds.findlaw.com Published On :: 2019-07-12T08:00:00+00:00 (United States Ninth Circuit) - In a diversity insurance coverage action, District Court erred in not applying the specialized meaning of terms in an insurance contract, as required by the California Civil Code (here “war” and “warlike action”). Summary judgment in favor of insurer overturned. Full Article Insurance Law
y American Homeland Title Agency, Inc. v. Robertson By feeds.findlaw.com Published On :: 2019-07-15T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. A company found, during a random audit by the Indiana Department of Insurance, to have committed hundreds of regulatory violations that entered into an agreement to pay a fine and relinquish its licenses could not subsequently sue the Department's commissioner alleging discrimination for their out-of-state residency without providing a valid reason to void the agreement. Full Article Civil Procedure Insurance Law Banking Law Administrative Law
y Adhav v. Midway Rent A Car, Inc By feeds.findlaw.com Published On :: 2019-07-24T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiff brought a class action against Defendant alleging Insurance Code violations and unfair business practices for the insurance rates Defendant charged in its car rental business. The trial court found no illegal or fraudulent business practice or any economic injury. Judgment was entered in favor of the Defendant. Full Article Insurance Law Class Actions Commercial Law
y Smith v. Travelers Casualty Ins. Co. By feeds.findlaw.com Published On :: 2019-07-26T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. An insurer was not liable for contractual and statutory violations arising from the denial of a commercial property insurance claim. The suit was untimely because re-investigation by the insurer did not toll the accrual of the cause of action. Full Article Civil Procedure Insurance Law Contracts
y ADI Worldlink, LLC v. RSUI Indemnity Company By feeds.findlaw.com Published On :: 2019-08-02T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. All insurance claims were properly denied because while the insured gave timely notice of later claims they failed to give notice of an initial claim within the policy's one year coverage limitation. Full Article Contracts Civil Procedure Insurance Law
y Windridge of Naperville Condominium Ass'n v. Philadelphia Indemnity Insurance Co. By feeds.findlaw.com Published On :: 2019-08-07T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. An insurer had to replace the siding on an entire building whose south and west sides were damaged by a storm because the old siding was no longer available and the new siding didn't match. Full Article Insurance Law
y Kelly v. Honeywell Int’l, Inc. By feeds.findlaw.com Published On :: 2019-08-07T08:00:00+00:00 (United States Second Circuit) - Affirmed. Collective bargaining agreement contains unambiguous language vesting welfare benefits and there is a sufficiently serious question as to whether retirees were entitled to lifetime medical coverage. District court’s grant of summary judgement in favor of union retirees is affirmed. Full Article Insurance Law
y Liberty Mutual Fire Insurance v. Fowlkes Plumbing By feeds.findlaw.com Published On :: 2019-08-12T08:00:00+00:00 (United States Fifth Circuit) - Certified. The state Supreme Court was asked how they would interpret the subrogation waiver in common form contracting agreements, a question that has split courts nationwide. Full Article Contracts Civil Procedure Insurance Law
y Collins v. University of Notre Dame du Lac By feeds.findlaw.com Published On :: 2019-07-12T08:00:00+00:00 (United States Seventh Circuit) - Reversed and Remanded. The Court of Appeals dismissed an appeal and reversed a District Court order in the case of the dismissal of a tenured professor. The professor's guilty plea to felony charges relating to the dismissal were serious cause sufficient to support his firing. Full Article Civil Procedure Labor & Employment Law
y Brown v. City of Sacramento By feeds.findlaw.com Published On :: 2019-07-17T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiff sued employer, Defendant, for racial discrimination and retaliation. A jury found in favor of Plaintiff. Trial court granted Defendant’s motion for judgment notwithstanding verdict on the grounds that Plaintiff had failed to exhaust administrative remedies, but denied the motion with respect to the retaliation and discrimination claims. Appeals court found no error. Full Article Labor & Employment Law Administrative Law
y Griggs v. Chickasaw County, Mississippi By feeds.findlaw.com Published On :: 2019-07-18T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. The trial court's determination that the County Board of Supervisors' elimination of a longtime county Solid Waste Enforcement Officer's position was retaliation was upheld. The employee was running for sheriff as an Independent and the Board preferred Democrats. Full Article Labor & Employment Law Civil Procedure Constitutional Law
y Southern Hens, Inc. v. Occupational Safety and Health Review Commission By feeds.findlaw.com Published On :: 2019-07-18T08:00:00+00:00 (United States Fifth Circuit) - Petition denied. A company's petition for review of an administrative law judge's finding of violations and imposition of a monetary penalty against a poultry processing plant following a worker injury was upheld. Full Article Civil Procedure Labor & Employment Law Administrative Law
y Tatum v. Southern Company Services, Inc. By feeds.findlaw.com Published On :: 2019-07-22T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. The district court's dismissal of claims for interference and retaliation in violation of the Family and Medical Leave Act in the case of a man reprimanded for swearing, quoting the bible, and generally being abrasive in colleague interactions. Full Article Civil Procedure Labor & Employment Law
y Lacayo v. Catalina Restaurant Group Inc. By feeds.findlaw.com Published On :: 2019-08-01T08:00:00+00:00 (California Court of Appeal) - Dismissed part of appeal and affirmed part. Plaintiff filed a class action complaint against Defendant alleging wage and hour violations and a unfair competition law claim (UCL). Defendants sought to compel arbitration. The trial court granted Defendant’s motion as to Plaintiffs individual claims, allowed the arbitrator to decide the class action claims, and denied the motion as to the UCL claim. The appeals court found that the motion that granted arbitration could not be appealed and found no error in the denial of arbitration for the UCL claim. Full Article Commercial Law Dispute Resolution & Arbitration Labor & Employment Law
y Robles v. Employment Development Dept By feeds.findlaw.com Published On :: 2019-08-01T08:00:00+00:00 (California Court of Appeal) - Affirmed in part, reversed in part, and remanded. Plaintiff sued for the wrongful denial of unemployment benefits. On appeal, Plaintiff was granted unemployment benefits. On this, Plaintiff's third appeal over this controversy, the appeals court affirmed the award of attorney’s fees, but reversed and remanded because the trial court improperly limited the scope of the fees. Full Article Government Benefits Attorney's Fees Labor & Employment Law
y Campos v. Cook County By feeds.findlaw.com Published On :: 2019-08-05T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. The dismissal of a suit alleging that protracted employment termination proceedings violated the substantive due process rights of a Sheriff's Office employee following their DUI arrest was proper because it did not meet the high standard for making out substantive due process claims. Full Article Civil Procedure Labor & Employment Law