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Business
[01/09] Supplement Company Faces Fraud Trial
[01/09] Countrywide Home Loan Delinquencies Rise
[01/09] UPS Chief Talks About Recession Risk
[01/09] MGM, Dubai World to Repurchase Shares
[01/09] Silver Lake Sells Stake to CalPERS
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Financial Services
[01/09] NewSchools Venture Fund Invests $1.7 Million in Uncommon Schools
[01/09] It's FAFSA Season - Don't Be Left Out in the Cold
[01/09] CKE Restaurants, Inc. to Present at the Cowen and Company Sixth Annual Consumer Conference
[01/09] Providence Community Housing and Enterprise Commence Construction on 474 Affordable Homes for Low-Income Seniors and Families in New Orleans and Marrero
[01/09] Silver Lake Sells Stake to CalPERS
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Insurance
[01/09] Schwarzenegger Insurance Tax Unfair to Homeowners, Lets Insurers Off the Hook
[01/09] /C O R R E C T I O N -- GHI and HIP/
[01/09] GHI and HIP Launch Pilot Medical Home Network Project with Support from Commonwealth Fund
[01/09] MBIA Unveils Plans to Protect Ratings
[01/09] Silver Lake Sells Stake to CalPERS
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Litigation
[01/09] Report: Feds Probe Internet Suicide
[01/08] Author Sues Seinfelds Over Cookbook
[01/08] Court Imposes Strict Deadline in Lawsuit
[01/07] Trial Opens for 5 Former Insurance Execs
[01/03] U.S. Official, Contractor Convicted in $4.7M Army Helicopter Scam
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Real Estate
[01/09] Travel + Leisure Golf Ranks Promontory No. 6 on 2008 List of 'America's Top 100 Golf Communities'
[01/09] Tenda announces that it has exceeded the launched units and sales forecast in 2007
[01/09] Providence Community Housing and Enterprise Commence Construction on 474 Affordable Homes for Low-Income Seniors and Families in New Orleans and Marrero
[01/09] Countrywide Home Loan Delinquencies Rise
[01/09] MGM, Dubai World to Repurchase Shares
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Case Summaries
Contracts
[01/09] Trantina v. US
In a suit brought for a tax refund, summary judgment for the government is affirmed where, because plaintiff did not have any property rights that he could sell under the express terms of a contract to provide insurance services, termination payments made pursuant to the contract were properly characterized as ordinary income, as opposed to capital gains.
[01/09] St. Christopher Assocs., L.P. v. US
In a suit against HUD for breach of contract and Fifth Amendment takings claims, arising from HUD's failure to consider plaintiff's request for a rent increase, summary judgment for HUD is affirmed where: 1) a Regulatory Agreement does not expressly, nor by implication, require HUD to consider a rent increase request and, thus, HUD did not breach the agreement by not considering the request; and 2) there was no Fifth Amendment taking by HUD's failure to consider the request.
[01/09] CPL, Inc. v. Fragchem Corp.
In a dispute over payment for a shipment of chemicals, the district court's sua sponte dismissal is reversed where it was improper for the district court to dismiss the lawsuit sua sponte on the grounds of improper venue based on an arbitration agreement between the parties when neither party explicitly or effectively indicated that it would not waive arbitration.
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Corporation & Enterprise Law
[01/09] Lee-Barnes v. Puerto Ven Quarry Corp.
In a suit to recover investments after failed business dealings, an appeal of an order nullifying a prejudgment surety bond after the poster declared bankruptcy is dismissed where: 1) the district court's Rule 54(b) certification of the order constituted an abuse of discretion since the order failed to meet either Rule 54(b)'s "party" or "claim" requirement; and 2) the bond issue did not rise to the level of importance needed for recognition under the collateral-order doctrine.
[01/08] Pennzoil-Quaker State Co. v. US
In a suit brought by Pennzoil-Quaker State Company seeking a refund under section 1341 of the Internal Revenue Code, partial summary judgment in favor of Pennzoil is reversed where: 1) payments it made in settlement of an antitrust suit brought by its suppliers of crude oil did not arise from the same circumstances as its past understatement of cost of goods sold (COGS); and 2) even if its claim did not suffer that fatal flaw, relief under section 1341 would be barred by the inventory exception.
[01/07] In re: Ferro Corp. Derivative Litig.
In a shareholder derivative suit, dismissal of plaintiffs' complaint for failing to allege, with adequate particularity, that a demand would be futile, and a denial of their Rule 60(b) Motion for Relief from the Judgment, are affirmed where the district court neither erred in dismissing plaintiffs' complaint nor abused its discretion in denying plaintiffs' motion for relief.
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Insurance Law
[01/09] Saffon v. Wells Fargo & Co. Long Term Disability Plan
In an ERISA action arising from defendant-plan administrator's termination of her long-term disability benefits, denial of relief for plaintiff is vacated and remanded where: 1) the district court applied the wrong legal standard in reviewing the plan administrator's determination that plaintiff is not disabled; and 2) the plan administrator's procedures and its rationales required reconsideration, and plaintiff was entitled to an opportunity to present evidence regarding an issue that was newly raised by defendant in its final denial letter.
[01/09] Trantina v. US
In a suit brought for a tax refund, summary judgment for the government is affirmed where, because plaintiff did not have any property rights that he could sell under the express terms of a contract to provide insurance services, termination payments made pursuant to the contract were properly characterized as ordinary income, as opposed to capital gains.
[01/09] Spano v. Safeco Corp.
On remand from the Supreme Court, the district court's judgment is affirmed where plaintiffs-appellants did not raise on appeal any basis for liability other than the theory rejected by the Court.
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Probate Trusts
[01/02] Estate of Larsen v. Murr
In decedent's estate's 42 U.S.C. section 1983 suit arising when a Denver police officer shot and killed decedent outside his home while responding to a 911 call, summary judgment for defendants is affirmed where no constitutional violation occurred in the case.
[12/13] Cabral v. Soares
In suit alleging that former husband was substantially delinquent in payments of spousal and child support, and that former mother-in-law was induced to change her will to leave to her daughter the one-third of her estate that she had previously designated to go to plaintiff's former husband, with the understanding that daughter would subsequently "get that money to" him, sustaining of demurrer is reversed where the court erred in refusing to grant leave to amend to correctly plead a cause of action under which plaintiff ultimately may be entitled to prevail.
[12/03] In re Estate of Wright
In a probate action, partial grant of a motion to disqualify petitioner-respondent's counsel brought by petitioner-Northern Trust Company, in its capacity as trustee, is affirmed where counsel represented an adverse party in a substantially related matter.
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Property Law & Real Estate
[01/09] Lee-Barnes v. Puerto Ven Quarry Corp.
In a suit to recover investments after failed business dealings, an appeal of an order nullifying a prejudgment surety bond after the poster declared bankruptcy is dismissed where: 1) the district court's Rule 54(b) certification of the order constituted an abuse of discretion since the order failed to meet either Rule 54(b)'s "party" or "claim" requirement; and 2) the bond issue did not rise to the level of importance needed for recognition under the collateral-order doctrine.
[01/09] St. Christopher Assocs., L.P. v. US
In a suit against HUD for breach of contract and Fifth Amendment takings claims, arising from HUD's failure to consider plaintiff's request for a rent increase, summary judgment for HUD is affirmed where: 1) a Regulatory Agreement does not expressly, nor by implication, require HUD to consider a rent increase request and, thus, HUD did not breach the agreement by not considering the request; and 2) there was no Fifth Amendment taking by HUD's failure to consider the request.
[01/08] The Pierre Condo. Ass'n v. Lincoln Park West Assocs.
In a suit for property damage allegedly caused during the construction of a high-rise condominium building on an adjacent property, order finding the settlement agreement between plaintiff The Pierre Condominium Association and counterdefendant Case Foundation Company to be in good faith and dismissing Baker/LPWA's counterclaim against Case is affirmed where trial court properly concluded that Baker/LPWA failed to satisfy their burden of proof in showing how the settlement was made through wrongful conduct.
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