21 results for 'cat:"Civil Procedure" AND cat:"Fiduciary Duty"'.
J. Prescott grants the majority owner's motion to dismiss the appeal filed by the minority owners, ruling his motion to confirm an arbitration award was not stayed upon the filing of this appeal.That motion was separate from the underlying civil complaint and did not seek to "enforce or carry out a judgment," as required under the rules of civil procedure.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: April 26, 2024, Case #: AC56348, Categories: Arbitration, civil Procedure, fiduciary Duty
J. Coutiss dismisses this matter on grounds that the appellant failed to file a compliant brief. The lower court found in favor of appellee in her suit alleging trespass by try title, breach of fiduciary duty, fraud, fraudulent inducement, filing fraudulent deed and lien, unjust enrichment, money had and received, and declaratory judgment. Appellant appealed, but finding his brief deficient, he was granted the opportunity to file an amended brief. Because the amended brief also failed to comply with the Texas Rules of Appellate Procedure, the appeal is dismissed.
Court: Texas Courts of Appeals, Judge: Countiss, Filed On: April 25, 2024, Case #: 01-23-00783-CV, Categories: civil Procedure, fiduciary Duty
J. Seitz finds that the court of chancery should have held IAC/InterActiveCorp's reverse spinoff of Match Group Inc. subject to review under the entire fairness standard because the separation committee formed to review the transaction included a conflicted member, which failed to satisfy the "MFW" framework. Dismissal of Chairperson Barry Diller must now be remanded.
Court: Delaware Supreme Court, Judge: Seitz, Filed On: April 4, 2024, Case #: 368, 2022, Categories: civil Procedure, fiduciary Duty
J. Eskridge grants, in part, a management company's motion to file an amended complaint in its fiduciary duty and conspiracy claims against several parties. The proposed claims in the amended action relate back to the original, and amendment is not futile.
Court: USDC Southern District of Texas, Judge: Eskridge, Filed On: March 22, 2024, Case #: 4:21cv2698, NOS: Other Statutory Actions - Other Suits, Categories: civil Procedure, Fraud, fiduciary Duty
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J. Trauger partially grants the defendants' summary judgment motion in this lawsuit brought by a Tennessee insurance agency and its owner, alleging breach of an oral agreement, as well as a written nondisclosure agreement, in connection with the purchase of premium financed life insurance policies. The defendants' motion is granted as to the alleged breach of an oral commission agreement and the breach of fiduciary duty claim. The plaintiffs' claim regarding the nondisclosure agreement remains pending against the corporate defendant.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: March 15, 2024, Case #: 3:19cv964, NOS: Other Contract - Contract, Categories: civil Procedure, Insurance, fiduciary Duty
Chancellor McCormick declines to dismiss class shareholder claims challenging the merger of Microsoft and Activision Blizzard, specifically the Activision board's failure to satisfy statutory provisions of Delaware corporate law, because the merger agreement may have been incompletely approved due to the failure to include essential merger material.
Court: Delaware Chancery Court, Judge: McCormick, Filed On: February 29, 2024, Case #: 2022-1001-KSJM, Categories: civil Procedure, fiduciary Duty
J. Trauger denies the defendant executives' motion for judgment on the pleadings in this stockholder derivative lawsuit involving a corporation that operates senior-living communities. The stockholder's complaint contends that the executives breached their fiduciary duties "by allowing the company's alleged problems to persist and by misleading the public." The court now finds that the plaintiff stockholder has plausibly alleged that the corporate board "unfairly induced her to file her claims outside the statute of limitations."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: January 4, 2024, Case #: 3:21cv373, NOS: Stockholders’ Suits - Contract, Categories: civil Procedure, Health Care, fiduciary Duty
Vice Chancellor Glasscock allows plaintiff to continue unjust enrichment claims contending a company and its controllers were connected with a self-tender offer that turned out to be inadequate after the company was sold for a higher price per share. The unjust enrichment claim was related to existing fiduciary duty claims but was sufficiently distinct to survive dismissal at the pleading stage.
Court: Delaware Chancery Court, Judge: Glasscock, Filed On: November 29, 2023, Case #: 9250-VCG, Categories: civil Procedure, Fraud, fiduciary Duty
J. Molberg finds that the lower court properly ruled in favor of the appellee in this case alleging a breach of fiduciary duty in connection with a "disputed real estate transaction." The appellant "failed to request the reporter's record," so his sufficiency challenges must fail. Also, the lower court did not err in its legal conclusion that the appellant owed a fiduciary duty to the decedent. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: July 31, 2023, Case #: 05-21-00245-CV, Categories: civil Procedure, Real Estate, fiduciary Duty
J. Molberg grants the appellant's motion for rehearing and vacates the court's prior opinion in this lawsuit alleging a breach of fiduciary duty against an attorney and his law office. The court concludes that the lower court "misapplied the collateral estoppel doctrine." Accordingly, the matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: July 25, 2023, Case #: 05-20-00994-CV, Categories: civil Procedure, fiduciary Duty