Case BC General Employees Union v Vancouver City Savings Credit Union Court Court of Appeal for British Columbia (Canada) Judge
The Second Department affirmed denial of specific performance and limited a prospective Popeyes franchisee to nominal damages because possession and lost profits were not proven.
The Massachusetts Appeals Court held that a surviving 2000 prenuptial agreement created indefinite alimony and was not limited by the later Alimony Reform Act.
The First Department held that a $3.6 million liquidated-damages cap applied to delay damages, not all direct damages in a Times Square construction pass-through claim.
Case Diuk Management & Marketing Ltd. and Yoav Lubinsky v. Yuvalim Blinkis Residences Ltd. Court Supreme Court of Israel (Israel)
The Massachusetts Appeals Court upheld the standard auto policy provision barring MedPay benefits for medical expenses already paid by health insurance.
The Superior Court held that a commercial umbrella policy’s follow-form endorsement did not transform third-party liability coverage into first-party UIM coverage.
The Nevada Supreme Court held that NRCP 65(b)(2)’s 14-day limit applies to temporary restraining orders issued with notice as well as those issued without notice.
The First Department vacated a $301.25 million Manhattan land valuation because the neutral umpire’s outside-employment discussions and later procedural rulings created prejudicial partiality.
The First Department enforced a sophisticated-party nonrecourse clause to dismiss tortious-interference claims arising from a disputed energy-company equity transaction.
The First Department enforced an RMBS no-action clause because HBK’s zero-principal-balance certificates carried no voting rights when it demanded litigation.
The First Department dismissed a school aide’s injury claim because a recess contractor owed no third-party duty and an errant basketball was an assumed risk.
The Second Department protected a $3.85 million buyer that reasonably relied on an LLC manager’s apparent authority despite an undisclosed later operating agreement.
Case Sibley Investments Pty Ltd v Oldfields Advance Scaffold Pty Ltd Court Supreme Court of New South Wales (Australia) Judge
The Wyoming Supreme Court affirmed an injunction barring an LLC manager from acting for the company, while holding that the trial court’s contract ruling remains preliminary.
The Massachusetts Appeals Court held that the summary process statute defeats claim preclusion when a landlord cures a notice defect and brings a new possession action.
The Second Department held that an arbitration clause covering ‘legal claims’ did not reach quantum-meruit and constructive-fraud claims.
Case Paterson Veterinary Professional Corporation v. Stilton Corp. Ltd. Court Court of Appeal for Ontario (Canada) Date Decided August 19,
Case Avis Briggs v. Ricardo Scott Court Arkansas Court of Appeals, Division I Judge Cindy Grace Thyer, Judge Date Decided
Case Kathryn Dressler v. Charles P. Rose, Jr., Judge et al. Court Court of Appeals of Georgia Judge Not specified
Case Joseph Daniel Fincher v. Terry E. Barnard et al. Court Court of Appeals of Georgia Judge Not specified Date
Case Rasheed Ritter v. Ché Alexander, Clerk Court Court of Appeals of the State of Georgia Judge Per Curiam Date
The Massachusetts SJC held that one potentially covered prescribing allegation triggered an insurer’s duty to fund an entire medical-license defense.
Applying North Carolina’s comparison test, the Court of Appeals compared the complaint’s allegations with the policy language and held that the completed-operations exclusion independently barred coverage. The duty-to-defend inquiry ordinarily looks to facts actually alleged, not an insured’s competing version of events outside the pleadings. Because the exclusion eliminated the broader duty to defend, the narrower d