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Boyd et al. v. Frontier Adjusters, Inc. et al.
Publication Date: 2024-10-03
Practice Area: Civil Appeals
Industry: Insurance
Court: Georgia Court of Appeals
Judge: Chief Judge Mercier
Attorneys:
For plaintiff: Selita Boyd, Eloise Boyd, Stone Mountain, for appellant.
For defendant: Marc Bardack, P. Freed, (Freeman, Mathis & Gary, LLP.), Atlanta, Leslie Eason, (Barnes & Thornburg LLP), Atlanta, Vernon Hill, Canon Corbitt, (Gordon Rees Scully Mansukhani, LLP), Atlanta, Evan Szczepanski, Atlanta, for appellee; Marc Bardack, (Freeman, Mathis & Gary, LLP), Atlanta, Grace Callanan, (Burr & Forman, LLP), Atlanta, for other party.
Case number: A24A0966

Court vacates dismissal of appeal due to lack of factual findings on delay in payment of appellate costs

MKE Holdings, Ltd. v. Schwartz
Publication Date: 2024-09-10
Practice Area: Corporate Governance
Industry: Chemicals and Materials | Investments and Investment Advisory | Manufacturing
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys:
For plaintiff: Thomas E. Hanson, Jr., William J. Burton, Barnes & Thornburg LLP, Wilmington, DE for plaintiff.
For defendant: Blake Rohrbacher, Matthew W. Murphy, Sandy Xu, Richards, Layton & Finger, P.A., Wilmington, DE for defendant.
Case number: 2018-0729-SG

Court declined summary judgment dismissal of fraud claims where allegations of withholding of material information could support equitable tolling and plaintiffs plausibly alleged defendants' motive to fraudulently induce plaintiffs' investment.

Huntsman Int'l, LLC v. Dow Benelux N.V.
Publication Date: 2024-08-27
Practice Area: Contracts
Industry: Chemicals and Materials | Manufacturing
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys:
For plaintiff: Lisa C. McLaughlin, Phillips, McLaughlin & Hall, P.A., Wilmington, DE; John N. Scholnick, Ross, LLP, Los Angeles, CA; Lori Sambol Brody, Ellis George LLP, Los Angeles, CA for plaintiff.
For defendant: Chad S. C. Stover, Barnes & Thornburg LLP, Wilmington, DE; Matthew B. Barr, Zachary Miller, Barnes & Thornburg LLP, Indianapolis, IN for defendants.
Case number: N17C-11-242 MAA CCLD

Failure to issue litigation hold following filing of counterclaim constituted reckless behavior warranting adverse inference after material, relevant information was deleted per automatic deletion protocols.

Be Our Guest Investments, LLC v. Piedmont Park Conservancy, Inc.
Publication Date: 2024-08-23
Practice Area: Contracts
Industry: Hospitality and Lodging
Court: Georgia Court of Appeals
Judge: Chief Judge Mercier
Attorneys:
For plaintiff: Gary Hulsey, Jeffrey Morgan, Sydnie Zachary, (Barnes & Thornburg LLP), Atlanta, for appellant.
For defendant: Jason McLarry, (Troutman Pepper Hamilton Sanders LLP), Atlanta, Brett Tarver, (Insley and Race, LLC), Atlanta, for appellee.
Case number: A24A0618

Court reverses summary judgment order and remands in a breach of contract action because trial court misapplied the new business rule to exclude evidence of lost profits

Petteway v. Galveston County
Publication Date: 2024-08-19
Practice Area: Civil Appeals | Election and Political Law
Industry:
Court: U.S. Court of Appeals for the Fifth Circuit
Judge: Circuit Judge Wilson
Attorneys:
For plaintiff:
For defendant:
Case number: 23-40582

In 2021, The Galveston County Commissions Court enacted a new districting plan for county commissioner elections, which eliminated the count's sole majority-minority precinct.

L'Oreal USA, Inc. et al. v. Burroughs
Publication Date: 2024-07-29
Practice Area: Personal Injury | Products Liability
Industry: Consumer Products
Court: Georgia Court of Appeals
Judge: Judge Gobeil
Attorneys:
For plaintiff: Leslie Eason, (Barnes & Thornburg LLP), Atlanta, Dennis Ellis, Katherine Murray, Nicholas Begakis, (Ellis George Cipollone O’Brien Annaguey LLP), Los Angeles, David Clarke, (Gordon Rees Scully Mansukhani LLP), Atlanta, for appellant.
For defendant: Nkosi Bey, (Bey & Associates, LLC), Atlanta, Elizabeth Stone, Darren Summerville, Alison Currie, (The Summerville Firm, LLC), Atlanta, Tina Bullock, (Bullock Ward Mason), Acworth, Danielle Mason, (Bullock Ward Mason), Atlanta, for appellee; Mark Johnson, (Gilbert, Harrell, Sumerford & Martin, P. C.), Brunswick, Lori Leskin, (Arnold & Porter), Newyork, Leah Schultz, (Arnold & Porter), Houston, Rhonda Trotter, (Arnold & Porter), Houston, Ronald Masterson, Candis Jones, (Lewis, Brisbois, Bisgaard & Smith LLP), Atlanta, Donna Welch, (Kirkland & Ellis LLP), Chicago, Sierra Elizabeth, (Kirkland & Ellis LLP), Los Angeles, for other party.
Case number: A24A0313

Court addresses statute of repose and preemption issues and affirms in part, reverses in part, and remands product liability and fraud claims in chemical hair relaxer product liability case

LGM Holdings, LLC v. Schurder
Publication Date: 2024-07-23
Practice Area: Mergers and Acquisitions
Industry: Distribution and Wholesale | Pharmaceuticals
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys:
For plaintiff: Thomas E. Hanson, Jr., Barnes & Thornburg LLP, Wilmington, DE; Eric Sussman, Denise Lazar, Barnes & Thornburg LLP, Chicago, IL for plaintiffs.
For defendant: John M. Seaman, Florentina D. Field, Abrams & Bayliss LLP, Wilmington, DE; Travis S. Hunter, Richards, Layton & Finger, P.A., Wilmington, DE; Michael J. Payne, Frankel, Rubin, Klein, Payne & Pudlowski, P.C., St. Louis, MO for defendants.
Case number: N23C-09-011 EMD CCLD

Buyers waived their fraud claims against sellers by averring in a subsequent letter agreement that buyers' losses arose from sellers' breaches of representations and warranties, and buyers failed to file an indemnity lawsuit within the applicable survival period.

Graciano v. Abode Healthcare, Inc.
Publication Date: 2024-03-18
Practice Area: Mergers and Acquisitions
Industry: Health Care
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys:
For plaintiff: Christopher J. Day, Day Law Group, LLC, Wilmington, DE for plaintiff.
For defendant: Michael J. Maiomone, Gabriella Mouriz, Barnes & Thornburg LLP, Wilmington, DE for defendants.
Case number: 2022-0728-SG

Chancery court lacked jurisdiction over complaint seeking specific performance where the relief sought by plaintiff was legal in nature and the parties' contract could not confer jurisdiction.

Cox-OTT et al. v. Barnes & Thornburg, LLP, et al.
Publication Date: 2024-03-15
Practice Area: Legal Malpractice
Industry: Legal Services
Court: Georgia Court of Appeals
Judge: Judge Markle
Attorneys:
For plaintiff: David Hungeling, (Attorney at Law), Atlanta, Adam Rubenfield, (Hungeling Law, P.C.), Atlanta, for appellant.
For defendant: Keith Blackwell, Steven Collins, Meredith Kingsley, (Alston & Bird LLP), Atlanta, for appellee.
Case number: A23A1733

Court affirms summary judgment in favor of attorney in a legal malpractice lawsuit

Mitchell v. Thayer
Publication Date: 2024-02-12
Practice Area: Family Law
Industry:
Court: Delaware Supreme Court
Judge: Justice Griffiths
Attorneys:
For plaintiff: Regina S.E. Murphy, Amy E. Tryon, Barnes & Thornburg LLP, Wilmington, DE for appellant.
For defendant: Dana L. Reynolds, Law Offices of Dana Reynolds, LLC, Wilmington, DE for appellees.
Case number: 174, 2023

Trial court erred in involuntarily terminating parental rights where there was insufficient evidence of parent's continuous intention to abandon custody over child, especially where parent expressed desire to reunite and remedied the conditions that led to child's guardianship.

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