- [02/18] IRSA Inversiones y Representaciones Sociedad Anonima Announces Results for the Six-month period of FY 2013 Ended December 31, 2012
[05/16] Greene v. Bank of America
Judgment for defendant on plaintiff's claim of malicious prosecution entered after defendant's special motion to strike under California's anti-SLAPP statute was granted, is reversed, where plaintiff can demonstrate a prima facie case for malicious prosecution.
[05/15] Commonwealth of the Northern Mariana Islands v. Canadian Imperial Bank of Commerce
District court order denying plaintiff's application for a turnover order pursuant to N.Y. CPLR section 5225(b) is affirmed, where the New York Court of Appeals answered the certified question, holding that in order for a court to issue a post-judgment turnover order pursuant to CPLR 5225(b) against a banking entity, that entity itself must have actual, not merely constructive, possession or custody of the assets sought; it is not enough that the banking entity's subsidiary might have possession or custody of a judgment debtor's assets.
[05/16] Forrester Environmental v. Wheelabrator Technologies
Summary judgment for defendant on plaintiff's state law business tort claims is vacated and remanded, where the district court lacked subject matter jurisdiction over plaintiffs' claims because: 1) defendant's allegedly inaccurate statements regarding its patent rights concerned conduct taking place entirely in Taiwan; 2) the use of a patented process outside the United States is not an act of patent infringement; and thus, 3) there is no prospect of a future U.S. infringement suit arising out of the Taiwan company's use of the parties' products in Taiwan, and accordingly no prospect of inconsistent judgments between state and federal courts.
[05/13] Dan’s City Used Cars, Inc. v. Pelkey
State-law claims stemming from the storage and disposal of a car, once towing has ended, are not sufficiently connected to a motor carrier's service with respect to the transportation of property to warrant pre- emption under Section 14501(c)(1) of the Federal Aviation Administration Authorization Act, where: 1) plaintiff's state law Consumer Protection Act and negligence claims are not related to the movement of his car; 2) plaintiff seeks redress only for conduct occurring after the car ceased moving and was stored; and 3) plaintiff's claims are also unrelated to a "service" a motor carrier renders its customers.
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