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  • McCracken v. Verisma Systems Inc.

    Publication Date: 2024-02-08
    Practice Area: Civil Procedure
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge William J. Nardini
    Attorneys: For plaintiff: For Plaintiffs-Appellants: Kathryn Lee Bruns, on the brief, Stephen G. Schwarz, Faraci Lange, LLP, Rochester, NY.
    for defendant: For Defendant-Appellee Verisma Systems, Inc.: Christopher J. Belter, James D. Macri, on the brief, Meghan M. Brown, Goldberg Segalla LLP, Buffalo, NY. For Defendants-Appellees Strong Memorial Hospital, Highland Hospital, and University of Rochester: Eric J. Ward, Claire E. Wells, on the brief, Amanda B. Burns, Ward Greenberg Heller & Reidy LLP, Rochester, NY. For Defendants-Appellees Rochester General Hospital, Unity Hospital of Rochester, F.F. Thompson Hospital, Inc., and Ciox Health, LLC, f/k/a HealthPort Technologies, LLC: Cynthia Ludwig, Mohammed A. Alam, on the brief, Jodyann Galvin (), Hodgson Russ, LLP, Buffalo, NY.
    Case Number: 22-2928

    Unjust Enrichment Claim Based on GBL §349 Not Cognizable Under NY Law After 'Ciox'

  • Park v. Kim

    Publication Date: 2024-02-08
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff: For Plaintiff-Appellant: Jae S. Lee, JSL Law Offices P.C., Uniondale, NY.
    for defendant: For Defendant-Appellee: Alejandra R. Gil, Heidell, Pittoni, Murphy & Bach, LLP, White Plains, NY.
    Case Number: 22-2057

    Citation to Nonexistent Case Suggests Conduct Below Basic Obligations of Counsel

  • In re K.B.

    Publication Date: 2024-02-06
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeal, 3rd District
    Judge: Justice Boulware Eurie
    Attorneys: For plaintiff:
    for defendant:
    Case Number: C098376

    Juvenile probationer's commission of infraction no bar to dismissal of wardship petition and sealing of records

  • In re A.K.

    Publication Date: 2024-02-05
    Practice Area: Family Law
    Industry:
    Court: Court of Appeal, 3rd District
    Judge: Justice Boulware Eurie
    Attorneys: For plaintiff:
    for defendant:
    Case Number: C097776

    Dependent minor's biological father improperly deprived of notice and opportunity to participate in dependency proceedings

  • In re: Ursa Operating Co., LLC

    Publication Date: 2024-02-05
    Practice Area: Bankruptcy
    Industry: Energy
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Porter
    Attorneys: For plaintiff: George A. Barton, Barton and Burrows, LLC, Mission, KS for appellants.
    for defendant: Duston K. McFaul, Maegan Quejada, Sidley Austin LLP, Houston, TX; Robert S. Velevis, Sidley Austin LLP, Dallas, TX; Robert S. Brady, Edmon L. Morton, Kenneth J. Enos, Joseph M. Mulvihill, Young Conaway Stargatt & Taylor, Wilmington, DE; Ana Alfonso, Willkie Farr & Gallagher, New York, NY; John H. Knight, Amanda R. Steele, Richards Layton & Finger, Wilmington, DE for appellees.
    Case Number: 22-1729

    Lower courts erroneously dismissed adversary complaint of property owners to recover improperly withheld oil and gas royalties where property owners, not extractor, had an equitable interest in the funds, and thus a constructive trust was an appropriate mechanism for relief.

  • Villareal v. City of Laredo

    Publication Date: 2024-02-05
    Practice Area: Civil Rights | Constitutional Law
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Jones
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-40359

    In this en banc case, the court revisited whether a journalist may be prosecuted for making public non-public information acquired by reporting (that is, asking sources for information).

  • Paxton v. Am. Oversight

    Publication Date: 2024-01-29
    Practice Area: Civil Appeals | Government | Public Records
    Industry:
    Court: Court of Appeals
    Judge: Justice Theofanis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 03-23-00090-CV

    Government officials, who were served public information requests over email communications related to government decisions, failed to prove on appeal that they were entitled to pleas to the jurisdiction.

  • Book People, Inc. v. Wong

    Publication Date: 2024-01-29
    Practice Area: Civil Appeals | Civil Rights | Constitutional Law
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Willett
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-50668

    A group of booksellers, who obtained a preliminary injunction against the State over book ratings, successfully proved on appeal that the trial court's ruling was correct.

  • Priester v. Turner et al.

    Publication Date: 2024-01-24
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Walter Adams, (Attorney at Law), Brunswick, for appellant.
    for defendant: Norman Pearson, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, Karl Broder, Griffin, for appellee.
    Case Number: A23A1465

    Court reverses summary judgment dismissal of an independent loss of consortium complaint filed by a spouse, ruling it was not barred by the procedural dismissal of her husband's personal injury action

  • In re K.B.

    Publication Date: 2024-01-22
    Practice Area: Civil Appeals | Civil Rights | Family Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Triana
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 03-23-00615-CV

    In 2022, real party in interest Texas Department of Family and Protective Services filed an original petition to terminate relator's parental rights to her son.