The Fourth Department reversed the denial of a late-notice-of-claim application in a school bullying case, finding that the District acquired actual knowledge of the claim through its counselor’s involvement in related Family Court proceedings and that the mother’s preoccupation with those proceedings constituted a reasonable excuse for the delay.
The Fourth Department affirmed denial of Casella Waste Management’s motion to dismiss third-party claims arising from a fatal bulldozer accident, holding that the asset purchase agreement did not conclusively negate the Schumacher “mere continuation” and “merger” exceptions to successor corporate liability.
The Fourth Department dismissed a district attorney’s Article 78 petition seeking to overturn a court order barring re-presentment to a grand jury and denying unsealing under CPL 160.50(1), holding that unsealing applications are civil in nature and cannot be challenged via Article 78.
The First District affirms that a CEQA challenge to the Bay Bridge’s Bay Lights 360 LED installation is time-barred, holding that a subsequent Caltrans encroachment permit does not create a new project or restart the limitations period, and issue preclusion bars relitigating questions resolved
The First District holds that FCRA plaintiffs in California need not show concrete injury to have standing, reversing class decertification and departing from the Fifth District’s Limon decision.
The Arkansas Supreme Court adopts sweeping amendments to Rules 11, 26, 33, 34, and 36, adding a proportionality requirement to discovery scope, banning blanket objections, and creating new certification and privilege-log standards.
The Arkansas Supreme Court amends Rule 6(d) to clarify that the three-business-day extension for response deadlines applies when documents are served through the court’s electronic filing system.
The Eighth District reversed and vacated two contempt findings, holding the trial court improperly charged a defendant with indirect contempt without providing the statutory notice and hearing required by R.C. 2705.03.
The Tenth District affirmed summary judgment rejecting a pro se will contest, finding the drafting attorney’s affidavit established testamentary capacity and the contestant produced no competent evidence of undue influence.
The Eighth District rejected an unclean hands defense in a tax foreclosure action, holding the property owner had available legal remedies and could not relitigate valuation in the foreclosure proceeding.