Recent changes
Delaware Court of Chancery Opinion on Motion to Dismiss
The Delaware Court of Chancery issued an opinion regarding a motion to dismiss a corporate law case. The court found it lacked personal jurisdiction over one of the defendants, an affiliate of a controlling stockholder, due to insufficient Delaware-directed activity. This ruling impacts the scope of potential legal actions against controlling entities in Delaware.
Genesis CMG Holdings LLC v. Philip Yancey - Motion to Dismiss Contract Dispute
The Delaware Court of Chancery recommended dismissal of a contract dispute filed by Genesis CMG Holdings LLC against former executives Philip Yancey and Jennifer Miller-Baten. The court found that the restrictive covenants at issue had terminated by their own terms before the alleged breaches occurred, failing to state a viable claim.
AFGE v. Trump - Labor Law
The Ninth Circuit vacated a preliminary injunction in AFGE v. Trump, concerning labor relations for federal employees. The court found the injunction was improperly granted, impacting the application of executive orders related to federal worker unions.
Lopez v. United States - Appeal of Sentence for Child Pornography Offenses
The Fifth Circuit Court of Appeals vacated and remanded David Lopez Jr.'s 360-month sentence for child pornography offenses. The court agreed that a five-level enhancement for engaging in a pattern of activity involving the sexual abuse or exploitation of a minor was incorrectly applied.
Kealani Distribution v. FDA - Tobacco Control Act Rule Challenge
The Fifth Circuit Court of Appeals affirmed a district court's decision upholding the FDA's Final PMTA Rule. The court found that the FDA complied with the Regulatory Flexibility Act when promulgating the rule, which regulates new tobacco products. The ruling impacts manufacturers and trade associations representing small businesses in the vapor product industry.
S.O. v. Bonita Unified School District - Childhood Sexual Assault Claims
The California Court of Appeal reversed a lower court's decision, holding that Assembly Bill No. 218's retroactive waiver of the claim presentation requirement for childhood sexual assault claims does not violate the California Constitution. This ruling allows plaintiffs to bring claims that would otherwise be time-barred.
Villa v. Modica - Appeal of Employment Discharge
The California Court of Appeal reversed a trial court's decision regarding the discharge of a police detective, Salvador Villa. The appellate court directed the trial court to order the Civil Service Commission to reconsider the penalty for Villa's employment discharge based on remaining charges.
People v. Snow - Criminal Sentencing Appeal
The California Court of Appeal, Third Appellate District, has reversed and remanded a sentencing order for Ricky Alan Snow. The court reconsidered the case in light of a Supreme Court directive concerning the application of the Three Strikes Reform Act of 2012.
County of Sacramento v. NKS Real Estate Holdings CA3 - Real Estate Development
The California Court of Appeal affirmed a trial court's judgment against NKS Real Estate Holdings, Inc. and its attorney for creating a nuisance per se by constructing and leasing an accessory dwelling unit without obtaining a building permit from Sacramento County. The court found the defendants' arguments regarding standing, ordinance conflict, and nuisance per se lacked merit.
People v. Patterson - California Court of Appeal Opinion
The California Court of Appeal issued an opinion in People v. Patterson, concerning a murder conviction. The court reversed and remanded the case with directions, indicating a significant change in the legal status of the defendant's conviction.
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