Tag Archives: claims

Mass App: Regulatory Takings Claims Don't Get A Jury Trial

Rather than sum up the issue and the Massachusetts Appeals Court's** conclusion in Smyth v. Conservation Comm'n of Falmouth, No. 17-P-1189 (Feb. 19, 2019), here's the first part of the opinion: GREEN, C.J. A land owner brought this action in … Continue reading

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United States files False Claims, Anti-Kickback Acts suit against contractors at DOE’s Savannah River facility

On February 14, the Department of Justice announced that it was suing several contractors at the Department of Energy’s Savannah River facility in Georgia, over a subcontractor’s kickbacks paid to an employee of the contractor. According to DOJ’s press release: … Continue reading

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Bad Faith Insurance – Claims Investigation

An inconsistent investigation and the insurance company relying on it is bad faith according to the 1988, Dallas Court of Appeals opinion, Harco Nat’l Ins. Co. v. Villanueva.  The owner of a truck reported the theft of the truck to … Continue reading

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Johnson & Johnson May Exclude Shareholder Proposal for Binding Arbitration on Securities Claims

On February 11, 2019, the Staff of the Division of Corporation Finance granted no-action relief permitting Johnson & Johnson to omit a a shareholder proposal from its proxy statement relating to mandatory arbitration of shareholder claims arising under the federal … Continue reading

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Judge Noreika Grants Defendants’ Motion to Dismiss Plaintiff’s Antitrust Claims for Failure to State a Claim

By Memorandum Opinion entered by The Honorable Maryellen Noreika in Prescient Medicine Holdings, LLC v. Laboratory Corp. of America Holdings, et al., Civil Action No. 18-600-MN (D.Del. February 14, 2019), the Court granted Defendants’ motion to dismiss all claims of … Continue reading

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