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Delaware Court of Chancery Opinion on No Surprises Act
The Delaware Court of Chancery dismissed a case seeking to enforce arbitration awards under the No Surprises Act, ruling that the Act does not contain an implied private right of action. The court followed federal precedent in declining to create such a right, dismissing the plaintiffs' claims.
Commonwealth v. Caraballo-Nieves - Criminal Case Appeal
The Massachusetts Supreme Judicial Court vacated a judgment dismissing drug charges against Jesus R. Caraballo-Nieves. The court found the trial judge abused discretion by refusing to allow the Commonwealth to proceed on a motion to suppress without presenting fentanyl-containing drugs as evidence, citing a conflicting court policy.
Court Remanded for New Trial Due to Peremptory Challenge Errors
The California Court of Appeal remanded a case for a new trial, finding that the trial court erred in its handling of peremptory challenges. This decision highlights potential procedural errors in jury selection that could lead to appeals and retrials.
CA Supreme Court: Forum Clause Unenforceable Under Song-Beverly Act
The California Supreme Court ruled that forum selection clauses in consumer contracts are unenforceable under the Song-Beverly Consumer Warranty Act if they require litigation outside of California. This decision impacts how businesses draft consumer agreements and handle disputes involving California residents.
California Supreme Court Modifies People v. Dixon Opinion
The California Supreme Court has modified its previous opinion in the case of People v. Dixon. The court has remanded the case back to a lower court for a hearing, indicating a procedural adjustment rather than a substantive change in law.
State of Delaware v. Bradley Green - Exclusion of Expert Testimony
In a criminal case involving child sexual abuse allegations, the Delaware Superior Court ruled on the exclusion of expert testimony. The court considered whether the proposed expert's testimony would impermissibly comment on witness credibility and addressed gatekeeping functions regarding relevance and reliability.
Fulton v. State of Delaware - Compassionate Release Application Denied
The Delaware Superior Court summarily denied Gene L. Fulton's application for compassionate release. The court found that Fulton did not meet the statutory requirements for release under 11 Del. C. ยง 4217, as he had not yet served the mandatory portion of his sentence and had behavioral management concerns.
Truitt v. Winder - Prejudgment Interest Allocation Opinion
The Delaware Superior Court issued an opinion in Truitt v. Winder regarding the allocation of prejudgment interest between two defendants in a wrongful death case. The court vacated a portion of the jury's award for pain and suffering but upheld other damages and interest allocations.
Delaware Court of Chancery Opinion on Exceptions
The Delaware Court of Chancery issued an opinion on exceptions to a Magistrate in Chancery's report concerning a books and records action. The case involves a dispute over anti-dilution protections for an investment in Outlander Gamma 5.2, LLC.
Supreme Court affirms arbitration of bad-faith breach claims
The Delaware Supreme Court affirmed a lower court's decision compelling arbitration of bad-faith breach of contract claims related to a post-closing earn-out payment. The court found that the seller representative's claims fell within the scope of the arbitration provision in the merger agreement.
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