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15 May 2023, 5:13 am
Before figuring out when a plaintiff can sue for breach of fiduciary duty or what conduct constitutes a breach, a plaintiff must first know who qualifies as a fiduciary. [read post]
15 May 2023, 4:58 am
Adopting the plaintiffs’ expert’s valuation with some modest adjustments, the Court imposed against Whiston, McCarthy, Slattery, and Moxy, jointly and severally, a mix of past and prospective future damages based upon income projections for Moxy’s business, specifically: $733,728 of Moxy’s reported net income through trial; an additional 15% of that amount ($110,059) to account for unreported cash; $476,630 in reported goodwill; and $1.5… [read post]
15 May 2023, 4:45 am
Here, the plaintiff did not directly address the defendant’s business judgment. [read post]
15 May 2023, 4:26 am
The defendants also argued, among other things, that the plaintiff’s claims were based on wrongs to the corporation, which could only be asserted through a derivative action and not in the plaintiff’s individual capacity. [read post]
15 May 2023, 1:53 am
Canada On 9 May 2023, the plaintiff’s motion for a Norwich order was dismissed by Morgan J in the case of Jacobs v. [read post]
14 May 2023, 9:01 pm
The Court found it reasonably conceivable at the pleadings stage that Limelight’s directors breached their fiduciary duties in obtaining these defensive provisions, and thus denied defendants’ motion to dismiss plaintiff’s claims to enjoin those provisions (plaintiff is not seeking damages). [read post]
14 May 2023, 9:01 pm
A number of commentators referred not to Fox’s culpability, but instead to the idea that plaintiff Dominion had “won. [read post]
14 May 2023, 7:07 pm
Yu’s concerns with the program, Mr. [read post]
14 May 2023, 2:31 pm
It’s an optimization problem of extreme urgency. [read post]
14 May 2023, 1:10 pm
It is reported that the plaintiff’s doctor recommended knee replacements, and he sought medical benefits from the defendant to cover the cost. [read post]
14 May 2023, 7:36 am
The First District Court of Appeal affirmed, “[W]e hold that [the cleaning company’s] contract with [the supermarket] did not create a nondelegable duty on [the cleaning company’s] part to [the plaintiff], a non-party to the contract. [read post]
14 May 2023, 6:20 am
” 750 ILCS 10/3 That’s it. [read post]
14 May 2023, 6:01 am
According to news reports of his ruling, Laster described the plaintiff’s 412-page complaint as “encyclopedic and specific,” and as “replete with particularized facts” that sets out a “highly detailed story of “recidivist lawbreaking. [read post]
13 May 2023, 2:53 pm
At the same time, this also poses a risk to the plaintiff, because if the defendant wins the case, the plaintiff can be liable for the defendant’s attorneys’ fees. [read post]
13 May 2023, 10:46 am
The enforceability of a waiver and release clause is dependent on the waiver and release clause’s language. [read post]
13 May 2023, 7:59 am
The plaintiffs contended that the Corner Post’s claim “first accrue[d]” for purposes of the APA’s six-year statute of limitations when it was first injured by the Fed’s cap on debit-card processing fees – in other words, when the truck stop processed its first debit-card transaction in 2018. [read post]
13 May 2023, 7:30 am
The court says the plaintiff’s allegations sufficed for now. [read post]
13 May 2023, 7:22 am
Defendants' roles were as follows.PBMs managed Lake County's prescription benefits. [read post]
13 May 2023, 6:39 am
The court granted the defendant’s motion, and the plaintiff appealed. [read post]
13 May 2023, 6:30 am
However, the court’s increased receptivity to Caremark claims over the past few years has provided plaintiffs with more leverage to negotiate settlement of such claims. [read post]
