156 results for 'filedAt:"2023-10-04"'.
J. Abramson finds the county court properly denied the nursing center’s motion to compel arbitration in this negligence and wrongful death suit. The deceased party’s sister and administrator of his estate signed the agreement as the “Responsible Party.” A check box indicating whether a “copy of my guardianship papers, durable power of attorney or other documentation has been provided to the Facility and is attached” is left blank. The deceased’s name was not listed within the arbitration agreement, though it was listed on the admission agreement. The nursing center has failed in its burden to prove that the sister “signed in a representative capacity with the legal authority to bind” the deceased party. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: October 4, 2023, Case #: CV-22-397, Categories: Arbitration, Health Care, Wrongful Death
J. Love finds that the trial court properly denied lenders' motion for summary judgment on their claim for repayment of promissory notes by a business. There is a genuine issue on whether the business is obligated to pay the notes. The business presented evidence that the monetary amount of the notes was never received or that it was converted into equity. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: October 4, 2023, Case #: 2023-CA-0119, Categories: Banking / Lending, Contract
J. Walter dismisses the investors' complaint alleging that the real estate investment company authorized false and misleading statements about its real estate assets. The investors claim that the real estate investment company made misleading statements about IRR and distribution projections because it did not disclose the SEC letter, but the SEC letter was available to the public on Jul. 31, 2018, on the SEC's Edgar database before the named investor made his initial funds investment on Sep. 23, 2019.
Court: USDC Central District of California, Judge: Walter, Filed On: October 4, 2023, Case #: 2:20cv8499, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Class Action
J. Hixson finds the circuit court properly terminated the mother’s parental rights to her two minor children. The department filed a petition for emergency custody and dependency-neglect after the children were verified by protective services to be dirty with mildew and dried feces, covered with infected insect bites, lacking electricity and water, and had been seen outside in the road without supervision. The mother’s arguments for reunification lack merit because she has not made progress with her substance abuse program. The court was presented with ample evidence of potential harm to support the best-interest finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: October 4, 2023, Case #: CV-23-243, Categories: Evidence, Family Law, Guardianship
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[Consolidated.] J. Dever partially grants a group of citizens' motion for class certification in its suit against DuPont and related companies and individuals for their alleged pollution of a major North Carolina river going back to the 1970s. The class claims DuPont dumped chemicals into the river for years, including perfluorinated compounds or PFCs, which are toxic to humans and last for up to 2,000 years in the environment. DuPont challenges the certification, arguing that individual suits would be more efficient. However, since there are potentially over 100,000 class members in this case, and the awards they might receive are relatively small, class certification is much more appropriate.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: October 4, 2023, Case #: 7:17cv189, NOS: Torts to Land - Real Property, Categories: Environment, Tort, Class Action