The Supreme Court delivered its long-awaited rulings on October 31 in proposed class actions involving claims for damages for alleged competition law violations brought by “indirect purchasers” of products (Pro-Sys v. Microsoft, Sun-Rype v. Archer Daniels Midland and Infineon Technologies AG c. Option Consommateurs).
Washington Supreme Court Redefines “Property of Another” for Purposes of Malicious Mischief Conviction
David Wooten was convicted of first degree malicious mischief for damaging a home that he was purchasing pursuant to real estate contract. Wooten claimed on appeal that he did not damage “property of another,” an element of the offense, because he had exclusive possessory and proprietary interests in the property. A
In a Halloween treat for employers, the Sixth Circuit ruled this morning that an employee had contractually agreed to arbitrate any employment disputes, by continuing her employment after having been notified of the employer’s mandatory arbitration program.
Appellate judges in 38 states stand for election. But how much do we know about them? Are they fair? Do they write opinions that parties can understand? Are they doing a good job?
Earlier this month, the Third Circuit held in U.S. v. Katzin that a search warrant is required before the government may use a GPS tracking device. Katzin marks the first time a federal appellate court has ruled on the need for a warrant with respect to GPS trackers.
Today, as we await the start of the Court’s November term, we begin our first look previews at the most recent additions to the Court’s civil docket. First up is Lake County Grading Company, LLC v. The Village of Antioch, a case out of the Second District which poses a potentially important question for cash-strapped local governments: when the general contractor on a public improvement goes bankrupt, who pays the subcontractors?
On October 15, 2013, the Florida Supreme Court accepted review of a case to decide whether the retroactive application of the cap on noneconomic damages for certain medical malpractice cases found in section 766.118, Florida Statutes is constitutional. See Weingrad v Miles, 29 So. 3d 406 (Fla. 3d DCA 2010).
I generally try to stay away from politics on this blog but there is an important vote on November 5th regarding Measure A: The Polk County Public Safety Judicial System Bond. I encourage you to vote ‘Yes” for this measure.
Two important aspects of merger agreements are the price and the nature of the post-closing obligations of the sellers to defend or indemnify the buyer for claims arising out of presale conduct. As to the former, parties to merger transactions often bridge valuation gaps with earn-outs.
In this custody dispute, the juvenile court granted permanent custody and guardianship to Father and ordered Mother and Father to mediation to resolve parent-time issues and develop a co-parenting plan.