News
Personal Injury
[05/12]
EPA testing air after twister in toxic Okla. town
[05/12]
Brush fires force home evacuations in Florida
[05/12]
22 dead in Mo., Okla., Ga. after more storms
[05/09]
Drugs, teens, pot are dangerous mix
[05/09]
77 more hepatitis cases may trace to clinic, officials say
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...
Civil Rights
[05/12]
Divorce talks for dueling McGreeveys break down
[05/09]
Conn. man says police broke into home, ripped out catheter
[05/09]
Reporter challenges ruling over sources in anthrax case
[05/08]
Talks continue in McGreevey divorce trial
[05/08]
Philly mayor: Officers' actions were 'inappropriate'
More...
Securities
[05/12]
MBIA slides to huge 1Q loss on hefty charges
[05/09]
Activision shares soar after 4Q results fly past estimates
[05/09]
Japanese shares drop on Toyota outlook
[05/08]
Nasdaq first-quarter profit surges on boost from OMX buyout
[05/08]
Wal-Mart same-store sales top Wall Street expectations
More...
Consumer Products
[05/12]
Dov Charney of American Apparel Named Retailer of the Year
[05/12]
Nano Pet Products, LLC Adds California Retailer and Distributor in Response to Increasing Popularity of Its Revolutionary Nanotechnology-Based Pet Products
[05/12]
Diet Industry Newcomer Hits the 1 Million Unit Mark
[05/12]
Fashion and Safety Can Cruise the Road Together for Women Motorcyclists
[05/12]
Photo: Moms Invent Social Network for Tweens
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Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium.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
Class Actions
[05/02]
Savedoff v. Access Group, Inc.
In a class action raising breach of contract claims, partial summary judgment for plaintiff on the issue of liability on such claims is affirmed in part and reversed in part, and remanded where: 1) the language of the contract did not limit defendant's collection of additional interest to a borrower's final monthly payment at the end of the loan term; 2) the language of the contract did not prohibit defendant from collecting additional interest from borrower's regular monthly payments; and 3) the contract was silent as to the application of borrower's monthly payments to the additional interest before applying them to reduce the principal balance.
[04/29]
Negrete v. Allianz Life Ins. Co. of N. Am.
In a class action lawsuit against an insurance corporation challenging the sale of its fixed deferred annuities, an order, which effectively prevents defendant from proceeding with any settlement negotiations on similar class action claims raised in any other courts without permission from plaintiff's lead counsel, is reversed where: 1) in the context of the All Writs Act, there was no proper support for the district court's enjoining of proceedings in other courts; and 2) even if there were, the Anti-Injunction Act barred such injunction.
More...
Injury & Tort Law
[05/09]
U.S. ex rel Fried v. W. Independent Sch. Dist.
Dismissal of a claim under the False Claims Act for Social Security fraud is affirmed where: 1) plaintiff's claims were based on publicly disclosed information; and 2) plaintiff was not the original source of the information since he failed to show that it was qualitatively different from that which had already been discovered.
[05/09]
California Highway Patrol v. Superior Court (Walker)
Vehicle Code section 14602.6(a)(1) provides only discretionary authority to impound and therefore the California Highway Patrol cannot be held liable under Government Code section 815.6 for failing to perform a mandatory duty.
More...
Civil Rights
[05/12]
Jacobs v. Clark County Sch. Dist.
In a case raising constitutional challenges to a public school district's mandatory dress policies or "school uniform policies," the circuit court rules that neither the school district's regulation, which created a standard dress code for all county students, nor the individual school uniform policies implemented thereunder violated plaintiffs' free speech, free exercise, or due process rights.
[05/06]
Fieger v. Cox
In an action alleging vindictive prosecution against Michigan's Attorney General, a state Supreme Court Justice, and the state's Secretary of State, as well as others in the AG's office, dismissal of plaintiffs' claims and imposition of sanctions against them are affirmed where: 1) because the issues raised in a state court were substantially the same as those raised in the district court, because those interests implicated important state interests, and because the plaintiffs had ample opportunity to raise their constitutional challenge in the state proceedings, the district court properly refrained from exercising jurisdiction in this case; and 2) imposing sanctions for plaintiffs' claims against the justice was not an abuse of discretion.
More...
Consumer Protection
[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.
[04/30]
Trans-Spec Truck Serv., Inc. v. Caterpillar Inc.
In a case applying the accrual and statute of limitations provisions of the Massachusetts U.C.C. to breach of warranty claims brought against an engine manufacturer, dismissal of plaintiff's warranty and Massachusetts Gen. Laws chapter 93A claims as time-barred, as well as summary judgment for defendant on plaintiff's negligence claims, are affirmed where: 1) the breach of warranty claim, accruing on the date of delivery of goods, was filed after the expiration of the limitations period, and plaintiff's equitable estoppel arguments were unavailing; and 2) plaintiff made no compelling argument and cited no specific facts which would invalidate the exculpatory language contained in a negligence exclusion clause.
More...
Workers' Comp
[05/06]
Steed v. Astrue
Denial of social security disability and supplemental security income benefits is affirmed where: 1) substantial evidence supported a finding that claimant retained the capacity to perform light work and suffered only mild degenerative changes to her back; and 2) the ALJ did not err in its evaluation of medical evidence or in discounting claimant's credibility.
[04/29]
Ramirez v. Murdick
In an action wherein plaintiff filed a Huffman claim seeking liquidated damages, attorney's fees and costs for the late payment of worker's compensation benefits, summary judgment for defendants is affirmed where: 1) the Superior Court did not err in its interpretation and application of Workers' Compensation Act, 19 Del. C. sections 2357 and 2362(c); and 2) although the Superior Court erred in converting employer's motion to dismiss into a motion for summary judgment without notice, the error was harmless.
More...
Consumer Products
[04/25]
Parish Oil Co., Inc. v. Dillon Cos., Inc.
Under a now-amended Colorado unfair competition statute, a grocery store may sell gasoline below cost if such sales are conditioned on the purchase of enough groceries above cost that the entire series of transactions comes in at a profit. Consequently, a judgment in favor of competitors challenging such a practice is reversed.
[04/21]
Chavez v. Netflix, Inc.
In an action against Netflix alleging that its advertised practices of sending customers "unlimited" DVD rentals with "1 Day Delivery" for a flat monthly rate were false wherein Netflix agreed to settle the class action before the class was certified, approval of the settlement and award of attorney fees are affirmed over claims that the trial court abused its discretion in: 1) denying a motion for leave to intervene, 2) approving a settlement agreement which failed to promote the purpose of class litigation; 3) affording a deficient notice to class members; and 4) determining the amount of fees awarded to class counsel.
More...
|
