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Publication Date: 2022-08-30
Practice Area: Civil Appeals
Industry: Financial Services and Banking | Entertainment and Leisure | Real Estate
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Krause
Attorneys: For plaintiff:
for defendant:
Case Number: D69941
Court dismissed appellant's claim under the Helms-Burton Act arguing that he was the beneficiary of property seized during the Castro Regime.
Publication Date: 2022-08-30
Practice Area: Securities Litigation
Industry: Retail | Technology Media and Telecom
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Greenaway
Attorneys: For plaintiff:
for defendant:
Case Number: D69937
Court affirmed district court's dismissal of claims under federal and state securities law finding that a failure to disclose the possibility that legal action could result as a part of an asset acquisition did not qualify as a material fact for the purposes of omission arguments.
Publication Date: 2022-08-16
Practice Area: Contracts
Industry: Consulting | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Krause
Attorneys: For plaintiff: G. David Dean, Norman L. Pernick, Patrick J. Reilley, Cole Schotz, Wilmington, DE; Michael G. Farag, Gibson Dunn & Crutcher, Los Angeles, CA; Monica K. Loseman, Gibson Dunn & Crutcher, Denver, CO; Michael L. Nadler, Akiva Shapiro, Randy M. Mastro, Gibson Dunn & Crutcher, New York, NY for appellant.
for defendant: Joseph M. Barry, Michael R. Nestor, Shane M. Reil, James L. Patton, Jr., Young Conaway Stargatt & Taylor, Wilmington, DE for appellee.
Case Number: D69922
Management services company not entitled to transaction fee where proviso requiring liquidity event to satisfy client's outstanding liabilities was included in the section defining liquidity events and therefore constituted a condition to payment of the fee.
Publication Date: 2022-08-02
Practice Area: Mergers and Acquisitions
Industry: Investments and Investment Advisory | Pharmaceuticals
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Greenaway
Attorneys: For plaintiff:
for defendant:
Case Number: D69903
Proxy statement was not materially false or misleading by relying on financial projections that were prepared before the merger parties learned of materially adverse information about product development, where the proxy expressly stated that the projections were prepared prior to a certain date and merely reflected the company's views at the time the merger was prepared.
Publication Date: 2022-08-02
Practice Area: Contracts
Industry: Cargo and Shipping | Energy
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Nygaard
Attorneys: For plaintiff:
for defendant:
Case Number: D69904
District court did not err in finding contract susceptible to multiple reasonable interpretations and in relying on extrinsic evidence to interpret the contract as placing a performance obligation on one of the parties or ruling that said party breached the agreement by not performing that obligation.
Law Journal Press | Digital Book
Authors: Shari L. Klevens, Alanna G. Clair
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Publication Date: 2022-07-19
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Porter
Attorneys: For plaintiff:
for defendant:
Case Number: D69892
Trial counsel was not ineffective for failing to demand self-defense instruction to charge of possession of firearm by prohibited person, where jury appeared to accept state's account that defendant began the altercation in possession of the firearm and possessory offenses did not include use of force as an element.
Publication Date: 2022-07-05
Practice Area: Bankruptcy
Industry: Retail
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Ambro
Attorneys: For plaintiff:
for defendant:
Case Number: D69874
Adversary complaint by class of judgment creditors to equitably subordinate secured claim of debtors' parent company dismissed where class failed to allege facts permitting a reasonable inference of inequitable conduct on the part of the parent.
Publication Date: 2022-05-31
Practice Area: Products Liability
Industry: Pharmaceuticals
Court: U.S. Court of Appeals for the Third Circuit
Judge: Per Curiam
Attorneys: For plaintiff:
for defendant:
Case Number: D69836
Products liability lawsuit dismissed where cited federal statutes failed to give rise to a private cause of action and plaintiff, a non-attorney, could not represent the heirs of the decedent.
Publication Date: 2022-05-24
Practice Area: Labor Law
Industry: Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: D69828
Family and Medical Leave Act retaliation claims failed where employee could not show that employer's decision to surveil employee on medical leave due to reports giving rise to suspicion of abuse of leave, or to terminate employee after surveillance provided evidence of such abuse, was mere pretext for retaliation.
Publication Date: 2022-05-03
Practice Area: Civil Appeals
Industry: Construction | Legal Services
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Phipps
Attorneys: For plaintiff:
for defendant:
Case Number: D69803
The court found that defendants' notice of appeal was premature and that the later order that set the amount of sanctions was the order that should have been the basis for appeal.
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