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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.

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.

People v. Harvey - Criminal Appeal

The California Court of Appeal affirmed a trial court's denial of a petition for recall and resentencing filed by James Earl Harvey. Harvey argued that denying resentencing mechanisms to defendants who were 18 at the time of their offenses, while providing them to those under 18, violated equal protection. The court rejected this argument, affirming the original sentence.

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. Sheed - Motion to Vacate Conviction

The California Court of Appeal reversed an order denying Donny Kay Sheed's motion to vacate his 1989 conviction based on newly discovered evidence of factual innocence. The court found Sheed was entitled to a hearing on his motion.

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.

Fisher v. Fisher - Wrongful Death Appeal

The California Court of Appeal affirmed a judgment in a wrongful death case. The court found that the defendants' tortious conduct was the legal cause of the decedent's relapse and subsequent death, upholding jury awards totaling approximately $9.4 million plus punitive damages.

Semaan v. Mosier - California Court of Appeal Opinion Modification

The California Court of Appeal filed an order modifying its opinion in Semaan v. Mosier, clarifying the scope of quasi-judicial immunity for court-appointed receivers. The modification addresses arguments related to statutory immunity and common law immunity, confirming there is no change in the judgment.

People v. Lopez - Child Molestation Sentencing Appeal

The California Court of Appeal reversed and remanded a judgment against Antonio Martinez Lopez, who was convicted of child molestation. The court found that the trial court erred by imposing an upper term sentence based on aggravating factors not stipulated to by the defendant or proven beyond a reasonable doubt.