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The State v. Walker
Publication Date: 2022-08-02
Practice Area: Criminal Appeals
Industry:
Court: Georgia Court of Appeals
Judge: Judge Hodges
Attorneys:
For plaintiff: Carlton Hayes, Sara Grainger, David McElyea, Emily Labutta, (Cherokee County Solicitor-General’s Office), Canton, for appellant.
For defendant: D. Sessions, (The Sessions Law Firm, LLC), Atlanta, for appellee.
Case number: A20A0544

Court adopts Supreme Court holding that a dismissal of a criminal case for want of prosecution is not a barrier to re-prosecution, but statute of limitations still applies

Appellate Division,Second Department: August 2, 2022
Publication Date: 2022-08-02
Practice Area: Appellate Division Activity | Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Motion List & Order on Application
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Motion & Order on Application released on:July 29, 2022

Addison v. Amazon.com, Inc.
Publication Date: 2022-08-02
Practice Area: Employment Litigation
Industry:
Court: U.S. District Court for New Jersey
Judge: District Judge Wolfson
Attorneys:
For plaintiff:
For defendant:
Case number: 22-01071 (FLW)

Defendant moved to partially dismiss the amended complaint.

Jack Lingo Asset Mgmt., LLC v. The Bd. of Adjustment of the City of Rehoboth Beach
Publication Date: 2022-08-02
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys:
For plaintiff: David C. Hutt, R. Eric Hacker, Michelle G. Bounds, Morris James LLP, Georgetown, DE for appellants.
For defendant: Frederick A. Townsend, III, D. Barrett Edwards, IV, Hudson, Jones, Jaywork & Fisher LLC for appellee.
Case number: D69907

City erred in denying application to install unroofed exit walkway on property due to exceeding floor area/parking requirements, where local zoning code did not unambiguously include such walkways within the definition of space counting towards gross floor area

The State v. Nixon
Publication Date: 2022-08-02
Practice Area: Criminal Law | Evidence
Industry:
Court: Georgia Court of Appeals
Judge: Judge Hodges
Attorneys:
For plaintiff: Elizabeth Racine, Aimee Sobhani, (Douglas County District Attorney’s Office), Douglasville, for appellant.
For defendant: Christy Draper, (Attorney at Law), Douglasville, for appellee.
Case number: A22A0406

Court reverses dismissal of aggravated assault charges after finding that missing video evidence was not constitutionally material and was not lost in bad faith

Law Journal Press | Digital Book Pennsylvania Causes of Action, 12th Edition Authors: GAETAN J. ALFANO, RONALD J. SHAFFER, JOSHUA C. COHAN View this Book

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Mochary v. Bergstein
Publication Date: 2022-08-02
Practice Area: Civil Procedure
Industry:
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge Richard Wesley
Attorneys:
For plaintiff: For Plaintiff-Appellant: Zachary J. Phillipps, Wofsey, Rosen, Kweskin & Kuriansky, LLP, Stamford, CT, on the brief, Steven M. Frederick, Wofsey, Rosen, Kweskin & Kuriansky, LLP, Stamford, CT.
For defendant: For Defendant-Appellee: Howard K. Levine, Carmody Torrance Sandak & Hennessey LLP, New Haven, CT.
Case number: 21-1972

'Colorado River' Abstention Vacated; Replevin, Divorce Actions Not Concurrent, Parallel

In re GGP, Inc. Stockholder Litig.
Publication Date: 2022-08-02
Practice Area: Mergers and Acquisitions
Industry: Investments and Investment Advisory | Real Estate
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys:
For plaintiff: Michael Hanrahan, Ronald A. Brown, Jr., Stephen D. Dargitz, J. Clayton Athey, Marcus E. Montejo, Samuel L. Closic, Prickett Jones & Elliott, P.A., Wilmington, DE; Carl L. Stine, Adam J. Blander, Antoinette Adesanya, Wolf Popper LLP, New York, NY; Brian D. Long, Long Law, LLC, Wilmington, DE; Frank P. DiPrima, Law Office of Frank DiPrima, P.A., Morristown, NJ for appellants.
For defendant: Kevin G. Abrams, John M. Seaman, Matthew L. Miller, Abrams & Bayliss LLP, Wilmington, DE; John A. Neuwirth, Evert J. Christensen, Jr., Seth Goodchild, Matthew S. Connors, Nicole E. Prunetti, Weil, Gotshal & Manges LLP, New York, NY; Peter J. Walsh, Jr., Berton W. Ashman, Jr., and Jaclyn C. Levy, Potter Anderson & Corroon LLP, Wilmington, DE; Peter E. Kazanoff, Michael J. Garvey, Sara A. Ricciardi, Simpson Thacher & Bartlett LLP, New York, NY; Raymond J. Dicamillo, Susan M. Hannigan, Richards, Layton & Finger, Wilmington, DE; Brian T. Frawley, Y. Carson Zhou, Sullivan & Cromwell LLP, New York, NY; David J. Teklits, Thomas P. Will, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for appellees.
Case number: D69905

Dividing merger transaction into substantial pre-closing dividend and meager "per share merger consideration" did not frustrate stockholders' appraisal rights since dividend legally constituted merger consideration.

Parks v. Horizon Holdings, LLC
Publication Date: 2022-08-02
Practice Area: Contracts
Industry: Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys:
For plaintiff: Thomas V. Ayala, Sally E. Veghte, Klehr Harrison Harvey Branzburg LLP, Wilmington, DE for plaintiffs.
For defendant: Scott B. Czerwonka, Andrea S. Brooks, Wilks Law, LLC, Wilmington, DE for defendants.
Case number: D69902

Restrictive covenants in agreements governing asset purchase transaction for the sale of a business were governed by Delaware law where the parties had contractually chosen Delaware and where parties challenging the enforceability of the covenants failed to show that their home state's law would apply in the absence of the contractual choice.

People v. Dunn
Publication Date: 2022-08-02
Practice Area: Criminal Law
Industry:
Court: Court of Appeal, 5th District
Judge: Per Curiam
Attorneys:
For plaintiff:
For defendant:
Case number: F083390

Trial court's failure to comply with Penal Code §1170(b) as amended was harmless error

Bravo-Bravo v. Garland
Publication Date: 2022-08-02
Practice Area: Immigration Law
Industry:
Court: U.S. Court of Appeals for the Ninth Circuit
Judge: Judge Ikuta
Attorneys:
For plaintiff:
For defendant:
Case number: 20-71042

No exception to bar on reopening of reinstated removal order following illegal reentry

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