The Eleventh District Court of Appeals of Ohio has vacated a default judgment against a defendant, Awo D. Addo, ruling that the trial court in Lake County lacked the necessary personal jurisdiction over her. The appellate court found that the evidence presented by Bank of America, N.A. (the bank) was…
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Seagen Loses Patent Battle Over Cancer Treatment, Court Finds Claims Invalid
The United States Court of Appeals for the Federal Circuit has overturned a lower court’s decision in a patent infringement case between Seagen Inc. and Daiichi Sankyo Company, Ltd., along with AstraZeneca Pharmaceuticals LP and AstraZeneca UK Ltd. The appeals court ruled that Seagen’s patent for a type of cancer…
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Single Signature, Double Duty? Court Sets the Record Straight on Personal Guarantees
A recent ruling by the New Jersey Supreme Court clarifies the requirements for personal guarantees, specifically when a corporate representative signs a contract. The case, *Extech Building Materials, Inc. v. E&N Construction, Inc.*, addressed whether a single signature on a credit application could bind a company and, simultaneously, the signer…
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Court Denies “Fees on Fees” in Tula Health Case
The Delaware Court of Chancery has denied a request for “fees on fees” in a case involving Tula Health, Inc. The plaintiffs, former officers and directors, sought to recover the costs of their legal battle to get Tula Health to cover their legal expenses in an unrelated Utah lawsuit. The…
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Walgreens Wins FACTA Class Action Appeal: Illinois Supreme Court Finds Plaintiff Lacked Standing
The Illinois Supreme Court has reversed a lower court’s decision, ruling that Calley Fausett lacked standing to bring a class-action lawsuit against Walgreen Company (Walgreens) for allegedly violating the Fair and Accurate Credit Transactions Act (FACTA). The case centered around Walgreens printing more than the last five digits of debit…
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Insurance Claim Dispute: Court Sides with Insurer, Upholds Exclusion of Expert Testimony
The Eighth Circuit Court of Appeals has sided with Charter Oak Fire Insurance Company in a dispute over a commercial building’s insurance claim. The court upheld the lower court’s decision to exclude the testimony of Bliv, Inc.’s expert witness, effectively sealing Bliv’s fate in the case. The Core of the…
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Accountant Not Liable for Client’s Financial Statements Under Securities Act, Ninth Circuit Affirms
The Ninth Circuit Court of Appeals has affirmed a lower court’s decision, finding that an independent accountant isn’t automatically liable for errors in a client’s financial statements, even if the accountant certified those statements for an initial public offering (IPO). The case, *Hunt v. PricewaterhouseCoopers LLP (PwC)*, centered on claims…
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Delaware Court Weighs Stay in Dodiya Case, Balancing Efficiency and Preservation
The Delaware Court of Chancery has issued a ruling in the case of *Seetal Dodiya v. Michael E. Franklin et al.*, addressing a motion to stay the proceedings. Vice Chancellor Lori W. Will decided to partially grant the defendants’ motion, focusing on the timing of discovery and the preservation of…
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Court Orders Sanctions Against Buyers for Discovery Misconduct
In a recent decision, Delaware’s Court of Chancery, led by Chancellor Kathaleen St. Jude McCormick, has ordered sanctions against the “Buyers” in the case of *Legent Group, LLC, et al. v. Axos Financial, Inc., et al.* The ruling stems from the Buyers’ conduct during the discovery phase of the litigation,…
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Arbitration Clause in Business Dispute Upheld by Appeals Court
A recent ruling by the Ohio Eighth District Court of Appeals has clarified the enforceability of an arbitration clause in a business dispute between JTC Solutions, LLC (JTC) and New Age Consulting Service, Inc., doing business as InfinIT (InfinIT). The court reversed a lower court’s decision that had denied InfinIT’s…