Tag Archives: Acts

Keitner on Explaining International Acts @KeitnerLaw

Chimène Keitner, University of California, Hastings College of the Law, is publishing Explaining International Acts in the McGill Law Journal. Here is the abstract. This contribution to a symposium on Evan Criddle & Evan Fox-Decent’s “Fiduciaries of Humanity” pushes against … Continue reading

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Homeowners’ Claims Alleging Construction Defects Resulting In Property Damage Are Subject To The Right To Repair Act’s Prelitigation Procedures Regardless Of How The Claims Are Pleaded.

In McMillin Albany LLC v. Superior Court, (2018) 4 Cal.5th 241,  the California Supreme Court held that homeowners’ (collectively “the Van Tassels”) claims seeking recovery for construction defect damages are subject to the Right to Repair Act (“RRA” or “The … Continue reading

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Distinguishing between official acts and unofficial acts for the purposes of claiming qualified immunity from lawsuits in New York State courts

Judge Jennifer G. Schecter, citing Clinton v Jones, 520 US 681 [Clinton], held that a sitting president is not immune from being sued in state courts for unofficial acts* and denied President Donald J. Trumps' [Defendant] motion to dismiss Summer … Continue reading

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A school board member who acts on the advice of counsel will not be found to have engaged in a willful violation or neglect of duty

A school board member who acts on the advice of counsel will not be found to have engaged in a willful violation or neglect of duty Citing a number of Decisions of the Commissioner of Education, including Application of Goldin, 39 … Continue reading

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Prior Acts Exclusion Does Not Preclude Coverage Where Subsequent Claim Independent from Alleged Prior Acts

In a January 23, 2018 unpublished decision (here), the Eleventh Circuit held that a D&O insurance policy’s prior acts exclusion does not preclude coverage where the subsequent claim against insured persons is “independent” from the alleged wrongful acts that occurred … Continue reading

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