Noble, et al. v. Collias, et al. (Lawyers Weekly No. 12-160-16)
Court denies summary judgment on securities fraud and misrepresentation claims where defendants' knowledge and plaintiffs' reliance remain factual disputes for jury resolution.
Weekly
Cumberland Farms, Inc. v. Tenacity Construction, Inc. (Lawyers Weekly No. 12-161-16)
Construction contractor's claim for equitable adjustment of contract price for winter-related productivity losses barred by express no-damages-for-delay clause.
Kiribati Seafood Company, LLC v. Crovo (Lawyers Weekly No. 12-162-16)
Attorney malpractice claims arising from settlement fund disbursement barred by statute of limitations when client had clear notice of harm by receiver appointment date.
United Salvage Corp. of America v. Kradin (Lawyers Weekly No. 12-159-16)
Preliminary injunction granted enforcing noncompete and nonsolicitation covenants in business sale agreement despite defendant's claim of wrongful termination.
Hillside FXF, LLC, et al. v. Premier Design + Build Group, LLC, et al. (Lawyers Weekly No. 12-158-16)
Court denied summary judgment where release language in change order was ambiguous and context suggested it addressed only fee disputes, not $3 million foundation damage claim.
Everest National Insurance Company v. Berkeley Place Restaurant Limited Partnership (Lawyers Weekly No. 12-155-16)
Insurer sought contribution from restaurant that negligently served alcohol to drunk driver. Court grouped corporations vicariously liable under vehicle ownership statute with driver as single tortfeasor share and limited recovery to insurer's proportional settlement payment.
OBP Corporation v. Welch Allyn, Inc. (Lawyers Weekly No. 12-156-16)
Court denies motion to dismiss misappropriation claim where competitor received confidential customer list from distributor and used it to target competitor's clients with discounts.
Tam, et al. v. Federal Management Co., Inc., et al. (Lawyers Weekly No. 12-154-16)
Class of property managers decertified after discovery revealed named plaintiffs submitted false affidavits and one faced statute of limitations bar.
Matter of Greene (Lawyers Weekly No. 10-184-16)
Indefinite suspension affirmed for attorney who engaged in predatory mortgage rescue schemes, federal crimes, and fraudulent HUD-1 statements targeting vulnerable homeowners.
Commonwealth v. Dancy (Lawyers Weekly No. 11-168-16)
Conviction under firearms penalty enhancement statute reversed where defendant acquitted of required predicate offense.