26 results for 'cat:"Civil Procedure" AND cat:"Business Practices"'.
J. Quinn finds that the lower court improperly granted a temporary injunction in this case concerning the operation of two limited partnerships. The injunction at issue did not preserve the last "non-contested status which preceded the pending controversy." Accordingly, the injunction order was an abuse of discretion. Reversed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: May 3, 2024, Case #: 07-23-00314-CV, Categories: civil Procedure, business Practices
J. Stabile finds that the lower court partly improperly sustained the preliminary objections of a mother and CEO of a language services company against her son, the company’s former vice president. The declaratory judgment and minority shareholder oppression causes of action in son’s 2021 complaint are sound in equity and therefore can go forward. Reversed in part.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: April 25, 2024, Case #: J-A24008-23, Categories: civil Procedure, Property, business Practices
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J. Donohue finds that the lower court improperly dismissed a group of Pennsylvania casino owners complaint against the Pennsylvania Department of Revenue alleging that lottery games offered online “impermissibly simulate slot machines,” thereby infringing on the casino owners’ share of the online market in violation of state law. To determine whether the online lottery game violates the state prohibition against simulating a slot machine will require a subjective assessment of the game’s appearance and effect when in play. Vacated.
Court: Pennsylvania Supreme Court, Judge: Donohue, Filed On: December 19, 2023, Case #: J-18-2023, Categories: civil Procedure, Government, business Practices
J. Choe-Groves denies the corporate plaintiff's motion for a preliminary injunction and grants in part the individual defendants' motion for partial summary judgment in this lawsuit arising from an asset purchase and sale agreement for certain business assets. The corporate plaintiff's request for a preliminary injunction is denied as moot, as the requested relief has already expired. Summary judgment is granted to the individual defendants, who sold the business assets at issue, as to certain claims, including fraudulent inducement, unfair competition and false designation of origin under the Lanham Act.
Court: USDC Northern District of Oklahoma , Judge: Choe-Groves, Filed On: December 1, 2023, Case #: 4:19cv145, NOS: Other Statutory Actions - Other Suits, Categories: civil Procedure, business Practices, Contract
J. Copenhaver grants the government's motion to dismiss the insurance company's petition under Rule 6(e) of Federal Rules of Criminal Procedure to disclose the grand jury transcripts in the criminal case against the company's former bookkeeper convicted in 2021 for embezzlement. The company sought the disclosure of the documents to aid its defense of not only an action by the Internal Revenue Service for unpaid taxes, but also a civil suit in state court by an amusement company that also was victimized by the former bookkeeper. The company has not provided specifics on how release of the transcripts could "potentially" benefit it in its defense of the amusement company's civil suit.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: October 26, 2023, Case #: 2:23mc128, NOS: Miscellaneous Cases - Other Suits, Categories: civil Procedure, Government, business Practices
J. Carlyle finds that the lower court properly appointed a receiver to sell certain property belonging to a company, in which the parties hold equal membership interests. The appellant contends that the lower court violated due process after it "took judicial notice of all testimony and evidence introduced at the trial." However, he failed to preserve the issue by objecting at trial. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: September 11, 2023, Case #: 05-22-01227-CV, Categories: civil Procedure, Property, business Practices
J. Horton finds that the lower court properly issued a declaratory judgment but improperly entered an injunction in this dispute over a property owner's use of his oceanfront property for short-term rentals. The lower court correctly determined that the rentals "violated a deed restriction," specifically as to the provision prohibiting "trade or business." However, the injunction lacked the required specificity, and the matter must be remanded for further proceedings. Affirmed in part.
Court: Maine Supreme Court, Judge: Horton, Filed On: September 5, 2023, Case #: 2023ME62, Categories: civil Procedure, Real Estate, business Practices
J. Faber denies the company's motion to dismiss its employee's deliberate intent claim in his suit claiming permanent injuries sustained on June 18, 2020, when a 2,200-pound reel of innerduct collapsed on him during an unscheduled delivery at a sub-contractor's facility. The employee sufficiently alleges all the elements to demonstrate the company had actual knowledge of unsafe working conductions at the sub-contactor's facility to survive a motion to dismiss.
Court: USDC Southern District of West Virginia, Judge: Faber, Filed On: September 1, 2023, Case #: 1:22cv236, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Procedure, Tort, business Practices
[Consolidated.] J. Yarbrough finds that the lower court improperly denied the appellant company's motion to compel arbitration in this "governance dispute concerning a limited liability company." The parties do not contest the validity of the arbitration clause, and the appellee's claims for injunctive relief "do not escape the presumption in favor of arbitration." Also, the temporary injunction must be vacated, as the claims are subject to arbitration. Reversed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: August 9, 2023, Case #: 07-23-00126-CV, Categories: Arbitration, civil Procedure, business Practices
J. Yarbrough finds that the lower court properly granted a temporary injunction in favor of the appellees in this business dispute concerning the operation of a grow yard, which involves the "feeding and stabling of cattle." The injunction at issue enjoined the appellants from foreclosing on a deed of trust, pending the outcome of an arbitration proceeding. The appellees had standing to request the injunction, as the application was filed on behalf of the cattle company. Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: August 8, 2023, Case #: 07-23-00047-CV, Categories: civil Procedure, Real Estate, business Practices
J. Horton dismisses the shareholder's appeal from an order of dismissal in his action against the company and three other shareholders. The order dismissed two of the three counts, while the remaining count was dismissed by stipulation of the parties. The notice of appeal was untimely, and the motion for a protective order did not "prevent the judgment from being final." Accordingly, the court lacks jurisdiction.
Court: Maine Supreme Court, Judge: Horton, Filed On: July 25, 2023, Case #: 2023ME40, Categories: civil Procedure, Jurisdiction, business Practices
J. Contreras finds that the lower court properly dismissed this business disparagement lawsuit brought by a children's daycare facility, alleging that the appellees "made false accusations of abuse." Contrary to the facility's argument, the Texas Citizens Participation Act applies to the suit, which involves communications that relate to a public concern. Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: July 6, 2023, Case #: 13-22-00452-CV, Categories: Anti-slapp, civil Procedure, business Practices
J. Fallon denies summary judgment to Walmart, ruling that evidence of a fallen fruit cup has helped a shopper meet his high burden of proof for a slip-and-fall lawsuit brought under Louisiana’s Merchant Liability Act. Walmart argued that the shopper failed to prove that its employee, who was stacking shelves earlier in the day, knocked down the fruit cup found near the accident scene. At the current stage of the case, the shopper “does not need to prove” that the store created the condition which caused his fall. The factual dispute over how the fruit cup and the spilled liquid came to be on the aisle floor is sufficient to carry the shopper’s claims to trial.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: May 31, 2023, Case #: 2:22cv3482, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Procedure, Evidence, business Practices