The Delaware Court of Chancery has denied BankUnited’s motion seeking a preliminary injunction against several former high-ranking employees and their new employer, Customers Bank. The injunction aimed to stop the defendants from soliciting BankUnited’s employees and customers. Vice Chancellor David ruled that based on the evidence presented at a recent…
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Jailhouse Brawl Lands Inmate Appeal, But Court Affirms Aggravated Assault Conviction
The Arizona Court of Appeals has upheld the aggravated assault conviction of Timothy Edward Egan, rejecting his claims that he was prejudiced by a confusing charge, an improper jury instruction regarding self-defense against an officer, and a series of errors made by the prosecutor during closing arguments. Egan, an inmate…
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Tennessee Court Denies Jurisdiction Over Out-of-State Financiers in Contract Dispute
The Tennessee Court of Appeals has upheld a lower court’s decision to dismiss a lawsuit against two Minnesota-based defendants, ruling that they lacked sufficient “minimum contacts” with Tennessee to justify jurisdiction in a breach of contract and consumer protection case. The ruling reinforces the principle that business dealings with a…
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Court Upholds Dismissal of Investor’s Fraud Suit Over Discovery Failures
The Ninth District Court of Appeals in Ohio has affirmed a lower court’s decision to dismiss Mark Campolo’s lawsuit against Jeffrey Przytulski—doing business as Prime Asset Equity—with prejudice. The dismissal was imposed as a sanction after Mr. Campolo repeatedly failed to comply with court-ordered discovery requests in his civil case…
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Eighth Circuit Reverses Standing Dismissal in School Equity Training Dispute
In a significant ruling that overturns a lower court’s decision, the Eighth Circuit Court of Appeals, sitting *en banc*, has found that two employees of the Springfield R-12 School District have standing to sue over mandatory “Fall District-Wide Equity Training” they claim violated their First Amendment rights. The appellate court…
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New Jersey Court Rules EFAA Applies to Entire Cases Involving Sexual Harassment Claims
The New Jersey Appellate Division has issued a landmark ruling clarifying the scope of the federal Ending Forced Arbitration of Sexual Assault and Harassment Act of 2021 (EFAA), finding that if a lawsuit involves a viable sexual harassment claim, the EFAA renders pre-dispute arbitration agreements unenforceable for the *entire case*,…
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PAGA Showdown: Court Says Arbitration Waiver Doesn’t Automatically Split Employee Claims
The California Court of Appeal has weighed in on a complex battle over arbitration agreements and employee rights under the Private Attorneys General Act (PAGA), concluding that a former Marshalls employee did not agree to arbitrate the “individual component” of his wage-and-hour claims. The ruling hinges on a close reading…
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Chairs Fall, Benefits Denied: Employee Loses Appeal Over Permanent Disability Payouts
The Tennessee Workers’ Compensation Appeals Board has affirmed a trial court’s decision denying permanent disability benefits to an employee injured after a stack of chairs fell on her at work, while simultaneously confirming the employer must continue to pay for future necessary medical care. The case, brought by Saeeda Johnson…
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Guardianship Limits: Court Says Person Guardian Can’t Force Arbitration
The appellate court has sided with a nursing home resident, ruling that his guardian of the person lacked the legal authority to sign a binding arbitration agreement on his behalf, thereby allowing the underlying lawsuit for alleged injuries to proceed in court. This decision by the Ninth Judicial District Court…
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Fentanyl Case Upheld, But Sentencing Warning Missed in Ohio Appeal
The Guernsey County Court of Appeals has affirmed the convictions of Robert Miller on multiple drug charges but has sent the case back to the trial court for a specific sentencing correction related to Ohio’s “Reagan Tokes Law.” Miller had pleaded no contest to possession and trafficking charges following the…