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Court declined to dismiss contract and good faith/fair duty claims where plaintiffs plausibly alleged that defendants breached their promise to convert plaintiffs' equity holdings to an identical equity percentage in the new entity.
Court affirms exclusion of expert testimony and grant of summary judgment in favor of an employer in a FELA lung cancer case, finding that the testimony speculated and did not establish causation
Plaintiffs were former equity holders in an Australian rare-earth mining company, whose primary asset was interest in a mining project in West Texas. Defendants transferred the company's assets to a new Delaware entity. Plaintiffs' fourteen causes of action alleged that defendants promised that plaintiffs would each receive an equivalent amount of equity in the Delaware entity as each had previously held in the mining company, however, they alleged that the transactions had diminished their ownership interests. Defendants' motions to
Court affirms exclusion of expert opinions as to standard of care and causation against physician specialists because those opinions did not satisfy OCGA § 24-7-702.
Patent claims described a sufficiently narrower invention than the abstract idea of file synchronization to constitute an arguable improvement in computer technology and an inventive concept.
Court rejected defendants' assertion of indefiniteness of disputed terms in claim construction, where the intrinsic record and prosecution history of the patents-in-suit provided objective boundaries that would inform a person of ordinary skill in the art about the scope of the patent claims, so the court adopted plaintiffs' proposed constructions after defendants declined to offer competing instructions or present any evidence regarding what they believed a person of ordinary skill in the art would understand the disputed terms to me
Appeals & Motions List released on:January 24, 2023
Handdown List released on:November 29, 2022
Court affirms dismissal of survivors' wrongful death claims filed after expiration of statute of limitations, and reverses denial of a motion to dismiss for lack of jurisdiction
Experienced Rheumatologist Was Qualified to Render Expert Opinion in Medical Malpractice Case Involving Death From Lupus
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