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Business [05/09] Icahn prepared to buy Circuit City if Blockbuster can't [05/09] Cosmetics firm Lancome and Uma Thurman in contract dispute [05/08] New rule would limit insurers contact with elderly, disabled [05/08] Google looking golden again after challenging stretch [05/08] Housing aid bills face vetoes by President Bush More... Financial Services [05/09] Citizens Community Bank Opens New Roanoke Rapids Branch [05/09] Homeowners Behind on Payments - Mysterious Website Granting Wishes to Those with Foreclosure Trouble [05/09] M & F Worldwide Corp. Reports First Quarter 2008 Results [05/09] AerCap Holdings N.V. Reports First Quarter 2008 Financial Results [05/09] Major Accolade as smartfundit.com Named Codie Awards 2008 Finalist By SIIA More... Insurance [05/09] German insurer Allianz 1Q net profit falls 65 percent [05/09] AIG posts 1Q loss of $7.8B, plans to raise $12.5B [05/08] Manulife Financial Corporation declares dividends [05/08] Fremont Michigan InsuraCorp, Inc. Announces Stock Dividend and Authorization to Repurchase Up to 100,000 Shares of Outstanding Common Stock [05/08] Citizens, Inc. First Quarter Earnings Results More... Litigation [05/09] ArcelorMittal sues Esmark over aborted steel mill sale [05/09] Government asks court to block wider testing for mad cow [05/08] Oil companies agree to settle MTBE contamination lawsuits [05/08] Dan Rather files amended lawsuit against CBS over his firing [05/07] More than $11.5M awarded to Florida residents in citrus case More... Real Estate [05/09] Homeowners Behind on Payments - Mysterious Website Granting Wishes to Those with Foreclosure Trouble [05/08] Datacenter Research Study Indicates Wave of Datacenter Expansions in the Next 12 Months [05/08] New York Mortgage Trust Reports First Quarter 2008 Results and Provides Earnings Guidance for the Second Quarter [05/08] NHP Reports First Quarter 2008 Earnings [05/08] Conservationists, developer reach major Calif. land deal More... Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the AP material found on this web site. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing. Case Summaries Contracts [05/08] Air Line Pilots Ass'n v. Nat'l Labor Relations Bd. In proceedings arising after the NLRB brought a complaint alleging that, by attempting to enforce certain provisions of a collective bargaining agreement with DHL Airways, petitioner-pilots' association had committed unfair labor practices, the association's petition for review of a finding that its conduct violated the National Labor Relations Act is granted where, under the analysis of Brotherhood of Railroad Trainmen v. Jacksonville Terminal Co., 394 U.S. 369, the NLRB did not have jurisdiction over this Railway Labor Act dispute. [05/08] Royal Ins. Co. of Am. v. Orient Overseas Container Line Ltd. In an action brought by Ford and its cargo insurer against defendant-ocean carrier for damages arising from the loss of cargo during a transatlantic voyage, partial summary judgment for defendant and third-party defendants is reversed where the district court erroneously interpreted the bill of lading to apply Carriage of Goods by Sea Act (COGSA) instead of the Hague-Visby Rules, and additional briefing and fact-finding may be required before the liability limitation may be appropriately applied. (Amended opinion) [05/08] In Re: Peanut Crop Ins. Litig. In an action against the government over the indemnification of losses covered by a privately issued and governmentally backed insurance policy, summary judgment for farmers on breach of contract claims is vacated and the case remanded where: 1) the policy did not create any contractual obligation for insurers to indemnify the farmers for lost peanuts in 2002 at a 31 cent quota rate since it was contingent on 2002 farm poundage quota allocations being made to individual farmers, and such allocations were never made; 2) the prevention doctrine was misapplied since the indemnification of the farmers did not depend on the allocation of quotas by the government; and 3) there was no detrimental reliance since government programs are subject to congressional modification, and the farmers had been notified that there would be revisions to the peanut quota program. More... Corporation & Enterprise Law [05/08] In re: Straightline Invs., Inc. A judgment under 11 U.S.C. section 549(a) avoiding the transfer to appellant of corporate bankruptcy debtor's accounts receivable which had a face value of approximately $200,600 is affirmed over appellant's claims that: 1) the transfer of accounts receivable was not an avoidable transfer because there was no depletion or diminution of debtor's estate; 2) the transfer was an outright sale of receivables in the ordinary course of business, and the defenses of recoupment and earmarking should apply to bar recovery by the trustee; and 3) even if it was avoidable, the wrong measure of recovery was awarded. [05/06] Pludeman v. N. Leasing Sys., Inc. The court of appeals rules that plaintiffs sufficiently pleaded a cause of action for fraud against individually-named corporate defendants pursuant to CPLR 3016(b) where it was not unequivocal, as a matter of law, that a finder of fact could not reasonably infer the requisite knowledge or participation by the individual defendants in an act of fraud. [05/05] US v. Edwards In a prosecution for wire fraud and related crimes, defendant's conviction is affirmed over claims that: 1) the district court erred in denying his motion for judgment of acquittal made after he rested his defense; 2) he was denied a fair trial and the ability to confront witnesses when the district court permitted several prosecution witnesses to remain in the courtroom and listen to testimony before they took the witness stand; 3) the court erred in denying a motion to suppress certain documents submitted to the SEC during its investigation of a sale and lease-back program; and 4) the court's jury instructions constructively amended the indictment. However, defendant's sentence is vacated and remanded for a new sentencing hearing where, although defendant was convicted of one count of conspiracy to commit money laundering and multiple counts of wire fraud and money laundering, he only received one sentence. More... Insurance Law [05/08] Royal Ins. Co. of Am. v. Orient Overseas Container Line Ltd. In an action brought by Ford and its cargo insurer against defendant-ocean carrier for damages arising from the loss of cargo during a transatlantic voyage, partial summary judgment for defendant and third-party defendants is reversed where the district court erroneously interpreted the bill of lading to apply Carriage of Goods by Sea Act (COGSA) instead of the Hague-Visby Rules, and additional briefing and fact-finding may be required before the liability limitation may be appropriately applied. (Amended opinion) [05/08] In Re: Peanut Crop Ins. Litig. In an action against the government over the indemnification of losses covered by a privately issued and governmentally backed insurance policy, summary judgment for farmers on breach of contract claims is vacated and the case remanded where: 1) the policy did not create any contractual obligation for insurers to indemnify the farmers for lost peanuts in 2002 at a 31 cent quota rate since it was contingent on 2002 farm poundage quota allocations being made to individual farmers, and such allocations were never made; 2) the prevention doctrine was misapplied since the indemnification of the farmers did not depend on the allocation of quotas by the government; and 3) there was no detrimental reliance since government programs are subject to congressional modification, and the farmers had been notified that there would be revisions to the peanut quota program. [05/02] Dill v. Gen. Amer. Life Ins. Co. Federal Rules of Civil Procedure 6(b)(2) and 50(b) are non-jurisdictional claims processing rules that provide an affirmative defense to untimely filings if raised, but which can be forfeited if not timely raised. More... Probate Trusts [05/06] Estate of Herold An order denying petitioner's safe harbor petition, which sought a declaration that his proposed "Petition for Information" would not amount to a will contest, is reversed and remanded where the trial court erred in finding that a no contest clause of the will was incorporated by reference into a trust. [05/06] Estate of Coll-Monge v. Inner Peace Movement In an action for trademark infringement and related claims, summary judgment for defendants-non-profits is reversed in part and remanded where: 1) the district court erred in holding that a non-profit corporation cannot be a related company whose use of the trademark is controlled by the mark's registrant; and 2) there remain disputed issues of fact regarding both the doctrine's applicability in this case, and the capacity in which testator registered the marks with the USPTO. [03/31] Akira Akazawa v. Link New Tech. Int'l, Inc. In a patent dispute, summary judgment for defendant based on lack of standing is vacated where issues of Japanese intestacy law must be resolved by the district court in order to determine whether plaintiff owned the patent at issue, and therefore possessed standing to bring the present suit. More... Property Law & Real Estate [05/08] Reusser v. Wachovia Bank, N.A. In an action against a bank involving allegations that plaintiffs' were wrongfully evicted and their property improperly foreclosed upon, dismissal of plaintiffs' claims is affirmed where: 1) plaintiffs' section 1983 claims constituted a de facto appeal of a state court decision and were therefore barred by the Rooker-Feldman doctrine; and 2) plaintiffs' collateral attack on a bankruptcy court's jurisdiction was unavailing, and thus, defendant-bank did not violate 11 U.S.C. section 362 in foreclosing on plaintiffs' property. [05/08] Charles A. Pratt Constr. Co., Inc. v. California Coastal Comm'n In an action wherein plaintiff attempted to set aside a decision by the California Coastal Commission denying a coastal development permit under the California Coastal Act, and sought for damages on regulatory taking grounds, judgment denying a petition for writ of administrative or ordinary mandate and dismissing plaintiff's taking claim as unripe is affirmed where: 1) the agency had the ultimate authority to ensure that coastal development conformed to the policies embodied in the state's Coastal Act; 2) the agency's reasons for denying the permit were well supported by the record; and 3) the agency only issued one formal decision which neither foreclosed the question of what development will be allowed, nor precluded plaintiff from submitting other development plans. [05/08] Guardian Pipeline, LLC v. 950.80 Acres of Land In a condemnation action under 15 U.S.C. section 717f(h) involving the construction of a natural-gas pipeline, the ruling below is affirmed over appellants'-owners challenge where: 1) 28 U.S.C. section 455 does not apply to commissioners; 2) assuming that the section would apply, the commissioner would not be disqualified since disqualification is case specific; 3) the court would not consider an allegation of impropriety under section 455(a) since it was not raised until after the commission had made a decision; and 4) there was no abuse of discretion in the use of expert testimony since the commission's report addresses the strengths and weaknesses of the witnesses. More... |
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