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Defendant airline moved to dismiss plaintiffs' breach of contract and tort claims complaint for failure to state a claim and to strike a portion of the complaint. Motion granted in part and denied in part.
Defendants moved to dismiss plaintiff's False Claims Act action asserting the submission of false claims to Medicare and Medicaid and court found relator failed to meet the special pleading standard required by rule 9(b) and failed to allege factual or legal falsity as required by the FCA. Motion granted.
Defendants appealed the court's order granting leave for disclosure to plaintiff of a law firm's documents concerning the firm's representation in support of a liquor license applicant. The court concluded that the appeal should be denied or its order affirmed where the court authorized disclosure of specific client-file documents necessary for defendant law firm to prove it was not involved in alleged wrongdoing against plaintiff.
Publication Date: 2024-04-05 Practice Area:Criminal Law Industry: Court:Supreme Court Judge:Justice Brobson Attorneys:For plaintiff: for defendant: Case Number: 41 WAP 2022
Parolee residing in community correctional facility as a condition of parole was "committed to" the facility and thus qualified as an "inmate" under the second-degree drug possession statute. Order of the superior court reversed.
The parties cross moved for summary judgment in an action resulting from a home sale. The court granted plaintiffs' motion for partial summary judgment on one count of defendant's counterclaim and denied defendant's motion for summary judgment.
Objector petitioned to set aside the nomination petition of United States Representative candidate John Broadhurst. The court dismissed the objection petition where objector improperly utilized email to serve a copy of the petition on the Secretary of the Commonwealth.
Inconclusive scientific evidence of a causal connection between exposure to RF or EM emissions and adverse health effects was insufficient for a utility customer to prove by a preponderance of the evidence that having a required smart meter in their home constituted unsafe or unreasonable utility service. Order of the Public Utility Commission affirmed.
Attorney retainer agreements contained an implicit contractual obligation to provide legal services consistent with that expected from the profession, and thus the trial court erred in converting former client's breach of contract claim into a malpractice claim and dismissing the case under the negligence statute of limitations. Order of the trial court reversed, case remanded.