CitationPennsylvania Bd. of Probation & Parole v. Scott, 1997 U.S. LEXIS 7060, 522 U.S. 992, 118 S. Ct. 554, 139 L. Ed. 2d 397, 66 U.S.L.W. 3385, 97 Cal. Daily Op. Service 8940, 97 Daily Journal DAR 14472 (U.S. Nov. 26, 1997) Brief Fact Summary. Respondent Keith M. Scott was a parolee whose house was searched by parole officers. He argues unsuccessfully at his parole violation hearing for exclusion of the seized evidence on grounds that under the 4th Amendment, the search was unreasonable. Synopsis of Rule of Law. The exclusionary rule does not apply beyond the criminal trial context, ...
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Palko v. Connecticut
CitationPalko v. Connecticut, 302 U.S. 319, 58 S. Ct. 149, 82 L. Ed. 288, 1937 U.S. LEXIS 549 (U.S. Dec. 6, 1937) Brief Fact Summary. Defendant Palko is tried and convicted of murder for a second time after state appeals previous murder conviction on same events. Synopsis of Rule of Law. The double jeopardy prohibition provision included in the Fifth Amendment is not applied to the states through the Fourteenth Amendment. ...
Zapata Corp. v. Maldonado
CitationZapata Corp. v. Maldonado, 430 A.2d 779, 1981 Del. LEXIS 321, 22 A.L.R.4th 1190 (Del. May 13, 1981) Brief Fact Summary. Plaintiff, William Maldonado, brought a derivative action against officers and directors of Defendant, Zapata Corporation. Defendant appointed a special committee that decided not to pursue the litigation proposed by Plaintiff. Synopsis of Rule of Law. The court should first determine if a defendant corporation proves that the appointed committee is independent, and then determine, when applying their business judgment standard, whether the motion to dismiss the de ...
Lacos Land Company v. Arden Group, Inc
CitationLacos Land Co. v. Arden Group, Inc., 517 A.2d 271, 1986 Del. Ch. LEXIS 444 (Del. Ch. July 31, 1986) Brief Fact Summary. Lacos Land Company, (Plaintiff), brought suit against board of directors of Arden Group Inc., (Arden) to enjoin the issuance of Class B Common Stock. Synopsis of Rule of Law. A vote of the shareholders cannot satisfy the mandate of Section 242(b) requiring shareholder consent to charter amendments when it is made under threat by the director and chief executive officer of a corporation that if approval is not given he will thwart future corporate transactions ...
Frontier Refining Company v. Kunkel
CitationFrontier Ref. Co. v. Kunkel’s, 407 P.2d 880, 1965 Wyo. LEXIS 169 (Wyo. 1965) Brief Fact Summary. Frontier Refining Company, (Appellant), brought suit against Kunkel’s Inc., and George Fairfield, Clifford D. Kunkel, and Harlan Beach, (Appellees), as partners of Kunkel’s Inc. Appellant alleges that Appellees were indebted to Appellant for the sale of gasoline to the partnership. Appellant appeals the trial court ruling in favor of Appellees holding that no partnership existed. Synopsis of Rule of Law. All persons who assume to act as a corporation without authority to ...
8182 Maryland Associates, Limited Partnership v. Sheehan
Citation8182 Maryland Assocs. v. Sheehan, 14 S.W.3d 576, 2000 Mo. LEXIS 21 (Mo. Mar. 7, 2000) Brief Fact Summary. 8182 Maryland Associates, Limited Partnership, (Appellant), brought suit for past due rent and other expenses and named as defendants all past and present general partners of the law firm, Popkin, Stern, Heifitz, Lurie, Sheehan, Reby & Chervitz. with whom it had a lease agreement. Several general partners successfully moved for summary judgment and partial summary judgment. Appellant appeals. Synopsis of Rule of Law. Any change in membership dissolves the partnership and crea ...
Paramount Communications, Inc. v QVC Network, Inc
CitationParamount Communs., Inc. v. QVC Network, Inc., 1993 Del. LEXIS 548, 637 A.2d 828 (Del. Dec. 9, 1993) Brief Fact Summary. Defendants, Paramount Communications, Inc. et al., are appealing an order enjoining the merger agreement between Paramount and Viacom Inc. Plaintiffs, QVC Network Inc. et al., sought to enjoin the agreement because the agreement’s defensive measures prohibited QVC from competing for a merger. Synopsis of Rule of Law. A merger agreement between a target company and an acquiring company that restricts the target company’s directors from upholding their f ...
Paramount Communications, Inc. v. Time, Inc
Citation571 A.2d 1140, 565 A.2d 280 (Del. 1989) Brief Fact Summary. Plaintiffs, Paramount Communications, Inc. et al., sought to enjoin Defendants, Time, Inc. et al., from moving forward with a tender offer for 51% of the shares of Warner Communications, Inc. Paramount made its own bid to acquire control of Time. Synopsis of Rule of Law. Directors are not required to favor a short-term shareholder profit over an ongoing long-term corporate plan as long as there is a reasonable basis to maintain the corporate plan. ...
Coggins v. New England Patriots Football Club, Inc
CitationCoggins v. New England Patriots Football Club, Inc., 406 Mass. 666, 550 N.E.2d 141, 1990 Mass. LEXIS 71 (Mass. Feb. 15, 1990) Brief Fact Summary. Plaintiffs, David Coggins et al., sought a rescission of a freeze-out merger enacted by Defendants, New England Patriots Football Club et al. Synopsis of Rule of Law. A controlling shareholder in a transaction between boards of directors wherein he and others are common members has the burden to prove that the transaction serves a legitimate purpose for the corporation and is fair to the minority shareholders. ...
Stuparich v. Harbor Furniture Manufacturing, Inc
View this case and other resources at: Citation. 2000 Cal. Brief Fact Summary. Plaintiffs, Ann Stuparich et al., appealed a summary judgment that denied Plaintiffs’ request for involuntary dissolution of Defendant company, Harbor Furniture Manufacturing, Inc., under Corporations Code Section 1800 (b)(5). Plaintiffs argued that their participation in Harbor Furniture was frustrated by their sour relationship with their brother, Defendant Malcolm Tuttleton, Jr. Synopsis of Rule of Law. An involuntary dissolution is an extreme remedy that will be granted only when there is strong eviden ...
Zapata Corp. v. Maldonado
CitationZapata Corp. v. Maldonado, 430 A.2d 779, 1981 Del. LEXIS 321, 22 A.L.R.4th 1190 (Del. May 13, 1981) Brief Fact Summary. Plaintiff, William Maldonado, brought a derivative action against officers and directors of Defendant, Zapata Corporation. Defendant appointed a special committee that decided not to pursue the litigation proposed by Plaintiff. Synopsis of Rule of Law. The court should first determine if a defendant corporation proves that the appointed committee is independent, and then determine, when applying their business judgment standard, whether the motion to dismiss the de ...
Pav-Saver Corp. v . Vasso Corp
CitationPav-Saver Corp. v. Vasso Corp., 143 Ill. App. 3d 1013, 493 N.E.2d 423, 1986 Ill. App. LEXIS 2284, 97 Ill. Dec. 760 (Ill. App. Ct. 3d Dist. May 23, 1986) Brief Fact Summary. Plaintiff, Pav-Saver Corporation, formed a business with Defendant, Vasso Corporation, to sell concrete paving machines. Plaintiff moved to dissolve the partnership and sought a return of the trademarks and patents associated with the business or payment for the intellectual property. Synopsis of Rule of Law. A party responsible for the dissolution of a partnership is not entitled to collect for the value of good ...
Page v. Page
CitationPage v. Page, 55 Cal. 2d 192, 359 P.2d 41, 10 Cal. Rptr. 643, 1961 Cal. LEXIS 201 (Cal. 1961) Brief Fact Summary. Plaintiff and Defendant were brothers who ran a linen supply business. After years of losses, Plaintiff wanted to dissolve the business just as it became profitable. Synopsis of Rule of Law. Unless specified, a partnership may be dissolved at will by any partner providing the partner is exercising good faith. ...
Esso Petroleum Canada v. Security Pacific Bank
CitationEsso Petroleum Canada, Div. of Imperial Oil, Ltd. v. Security Pacific Bank, 710 F. Supp. 275, 1989 U.S. Dist. LEXIS 3261, 8 U.C.C. Rep. Serv. 2d (Callaghan) 1148 (D. Or. Mar. 14, 1989) Brief Fact Summary. “Esso alleges that Security Pacific Bank wrongfully dishonored its irrevocable standby letter of credit by failing to specify the discrepancies which caused the Bank to reject the documents submitted by Esso or to notify Esso of the discrepancies in a timely fashion.” Synopsis of Rule of Law. A bank is required to state the discrepancies on which it based its refusal at ...
Wichita Eagle and Beacon Publishing Company, Inc. v. Pacific National Bank of San Francisco
CitationWichita Eagle & Beacon Publishing Co. v. Pacific Nat’l Bank, 493 F.2d 1285, 1974 U.S. App. LEXIS 9948, 14 U.C.C. Rep. Serv. (Callaghan) 156 (9th Cir. Cal. Feb. 22, 1974) Brief Fact Summary. A letter of credit was extended to a lessor to assure the lessee would perform on the lease contract. When the defendant bank failed to pay on the letter of credit this suit ensued. The district court ruled that the instrument was letter of credit the laws as they apply to letters of credit should be applied. Synopsis of Rule of Law. A letter of credit must not stray “too far fro ...
Jefferson Parish School Board v. First Commerce Corporation
CitationJefferson Parish Sch. Bd. v. First Commerce Corp., 669 So. 2d 1298, 1996 La. App. LEXIS 188, 31 U.C.C. Rep. Serv. 2d (Callaghan) 196, 95-1756 (La.App. 4 Cir. 02/15/96); (La.App. 4 Cir. Feb. 15, 1996) Brief Fact Summary. This is an appeal of a judgment of the trial court granting defendant’s Motion for Summary Judgment. Appellant claims that appellee is responsible for the amount of several forged checks. The appellee claims it has no liability because the parties agreed that the appellee was authorized to pay any checks that bore a signature that reasonably resembled the facs ...
Grabowski v. Deere & Company (In re Grabowski)
CitationGrabowski v. Deere & Co. (In re Grabowski), 277 B.R. 388, 2002 Bankr. LEXIS 454, 47 U.C.C. Rep. Serv. 2d (Callaghan) 1219 (Bankr. S.D. Ill. Apr. 23, 2002) Brief Fact Summary. Bank of America and South Pointe Bank both claim a secured interest in three pieces of farming equipment owned by Ronald and Trenna Grabowski. Synopsis of Rule of Law. A financing statement need not specify the property encumbered by a secured party’s lien but need merely notify subsequent creditors that a lien may exist and that further inquiry is necessary to disclose the complete state of affairs. ...
Peerless Packing Co. v. Malone & Hyde, Inc
CitationPeerless Packing Co. v. Malone & Hyde, Inc., 180 W. Va. 267, 376 S.E.2d 161, 1988 W. Va. LEXIS 249, 8 U.C.C. Rep. Serv. 2d (Callaghan) 196 (W. Va. Dec. 20, 1988) Brief Fact Summary. Peerless Packing Co., (Appellant), brought suit against Malone & Hyde, Inc. (Appellee), alleging unjust enrichment. Appellant appeals a directed verdict in Appellee’s favor. Synopsis of Rule of Law. Equitable claims of unjust enrichment are generally disallowed in cases governed by Article 9 of the U.C.C. ...
In re Hotel Sierra Vista Limited Partnership
CitationChequers Inv. Assocs. v. Hotel Sierra Vista Ltd. Pshp. (In re Hotel Sierra Vista Ltd. Pshp.), 112 F.3d 429, 1997 U.S. App. LEXIS 8865, 30 Bankr. Ct. Dec. 953, 97 Cal. Daily Op. Service 3104, 97 Daily Journal DAR 5439, 97 Daily Journal DAR 5695 (9th Cir. Ariz. Apr. 29, 1997) Brief Fact Summary. Hotel Sierra Vista Limited Partnership (Respondent), built a hotel financed with two secured loans from Chequers, (Petitioner). Respondent defaulted on its loans and then filed for Chapter 11 Bankruptcy. Synopsis of Rule of Law. Hotel methods of accounting will permit the identification of the ...
In re E.I. Parks No. 1 Ltd. Partnership
Citation122 B.R. 549 (Bankr. W.D. Ark. 1990) Brief Fact Summary. E.I. Parks No. 1 Ltd. Partnership, (Defendant), has an outstanding mortgage debt of $700,000. The holder of the mortgage, Shady Grove, (Plaintiff), objects to Defendant’s plan for reorganization because the interest rate proposed does not allow Plaintiff the present value of its secured claim. Synopsis of Rule of Law. If a plan proposes to pay a secured creditor in installments, the present value of the future stream of payments must equal the amount of the creditor’s secured claim. The present value equals the exact ...
Schillace v. Channell Shopping Partnership
Citation623 So. 2d 45 (La. Ct. App. 1993) Brief Fact Summary. Mrs. Shillace, (Plaintiff), filed suit against Channell Shopping Partnership (Defendants), seeking to dissolve the seizure of certificates of deposit on the ground that the funds seized were derivative proceeds of the life insurance policy on her late husband and therefore exempt from seizure. Defendants contends that the debt at issue arose after payment of the life insurance proceeds to Plaintiff and therefore such proceeds are not exempt from seizure. Synopsis of Rule of Law. Whether a novation has been executed depends on the in ...
Corfan Banco Asuncion Paraguay v. Ocean Bank
CitationCorfan Banco Asuncion Paraguay v. Ocean Bank, 715 So. 2d 967, 1998 Fla. App. LEXIS 6586, 35 U.C.C. Rep. Serv. 2d (Callaghan) 1320, 23 Fla. L. Weekly D 1407 (Fla. Dist. Ct. App. 3d Dist. June 10, 1998) Brief Fact Summary. Corfan Banco Asuncion Paraguay, (Plaintiff), brought this suit against Ocean Bank, (Defendant), to recover $72,972.00 based on U.C.C. 4A-207 and common law negligence. Plaintiff appeals summary judgment in favor of Defendant. Synopsis of Rule of Law. A negligence claim creates rights, duties and liabilities inconsistent with those set forth in U.C.C. 4A-207. ...
Samuel Rappaport Family Partnership v. Meridian Bank
CitationSamuel Rappaport Family Partnership v. Meridian Bank, 657 A.2d 17, 441 Pa. Super. 194, 1995 Pa. Super. LEXIS 891, 26 U.C.C. Rep. Serv. 2d (Callaghan) 474 (Pa. Super. Ct. Apr. 11, 1995) Brief Fact Summary. Samuel Rappaport Family Partnership, (Appellant), brought suit after Meridian Bank, (Appellee), refused to honor a sight draft. Appellant appeals the trial court holding that Appellee properly dishonored the sight draft due to the presentment’s failure to comply with the strict terms of the letter of credit. Synopsis of Rule of Law. The death of a person mentioned in a letter ...
Decibel Credit Union v. Pueblo Bank & Trust Company
CitationDecibel Credit Union v. Pueblo Bank & Trust Co., 996 P.2d 784, 2000 Colo. App. LEXIS 26, 43 U.C.C. Rep. Serv. 2d (Callaghan) 941, 2000 Colo. J. C.A.R. 599 (Colo. Ct. App. Feb. 3, 2000) Brief Fact Summary. A thief forged checks issued by Decibel Credit Union, (Respondent), and deposited them through accounts with Pueblo Bank & Trust Company, (Petitioner). Respondent paid Petitioner on these checks before discovering the forgeries and has brought suit to recover the amount paid. Petitioner appeals summary judgment in favor of Respondent. Synopsis of Rule of Law. Generally, a dr ...
Colonial Pacific Leasing Corp. v. J.W.C.J.R. Corp
CitationColonial Pac. Leasing Corp. v. J.W.C.J.R. Corp., 1999 UT App 91, 977 P.2d 541, 1999 Utah App. LEXIS 50, 365 Utah Adv. Rep. 27, 38 U.C.C. Rep. Serv. 2d (Callaghan) 424 (Utah Ct. App. Mar. 25, 1999) Brief Fact Summary. J.W.C.J.R. Corp., (Defendant), appeals a trial court ruling in favor of Colonial Pacific Leasing Corp. (Plaintiff) that Defendant breached a lease agreement by failing to pay the required lease payments. Synopsis of Rule of Law. Whether a buyer has had a reasonable opportunity to inspect goods and thus whether those goods have been accepted is a factual determination. ...