CitationINS v. Cardoza-Fonseca, 480 U.S. 421, 107 S. Ct. 1207, 94 L. Ed. 2d 434, 1987 U.S. LEXIS 1059, 55 U.S.L.W. 4313 (U.S. Mar. 9, 1987) Brief Fact Summary. The Immigration and Nationality Act (Act) provided two ways that otherwise deportable aliens who claimed they would be persecuted if deported could seek relief: Section:243(h) & Section:208(a). The issue in this case was whether the Section:243(h) standard governed applications for asylum under Section:208(a). Synopsis of Rule of Law. The question of whether Congress intended for the two standards to be identical was purely one ...
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SEC v. Chenery Corp
CitationSEC v. Chenery Corp., 332 U.S. 194, 67 S. Ct. 1575, 91 L. Ed. 1995, 1947 U.S. LEXIS 2988 (U.S. June 23, 1947) Brief Fact Summary. This case was before the Court a second time. The first time, the Court held that a reorganization order of the Securities and Exchange Commission (SEC) could not be sustained on the grounds on which the agency acted. On remand, the SEC reexamined the problem and reached the same result. This case examined whether the Commission’s action was proper in light of the principles established in the Court’s prior decision. Synopsis of Rule of Law. ...
In re Air Crash Disaster Near Chicago, Illinois on May 25, 1979
CitationIn re Air Crash Disaster near Chicago, 644 F.2d 594, 1981 U.S. App. LEXIS 21289, 16 Av. Cas. (CCH) P17,122 (7th Cir. Ill. Jan. 5, 1981) Brief Fact Summary After the crash of a DC-10 jet airplane built by McDonnell Douglas Corporation (MDC) (Defendant), the relatives of the deceased passengers were awarded punitive damages and compensatory damages, in suits alleging wrongful death. Synopsis of Rule of Law In applying choice of law rules, dépeçage, the process of applying rules of different states on the basis of the precise issue involved, is appropriate. ...
In re Grand Jury Subpoena
CitationIn re Grand Jury Subpoena, 274 F.3d 563, 2001 U.S. App. LEXIS 24064, 51 Fed. R. Serv. 3d (Callaghan) 936 (1st Cir. Mass. Nov. 8, 2001) Brief Fact Summary. Based on a private joint defense agreement, officers and outside counsel of a closely held corporation claim individual privilege in communications involving the corporation in their corporate capacities. Synopsis of Rule of Law. Individual officers in a corporation, in their corporate capacities, may not claim individual attorney-client and work product privileges in communications with corporate counsel regarding the corporati ...
In re Columbia/HCA Healthcare Corp. Billing Practices Litigation
CitationTenn. Laborers Health & Welfare Fund v. Columbia/Hca Healthcare Corp. (in Re Columbia/Hca Healthcare Corp. Billing Practices Litig.), 293 F.3d 289, 2002 U.S. App. LEXIS 10969, 2002 FED App. 0201P (6th Cir.), 53 Fed. R. Serv. 3d (Callaghan) 789 (6th Cir. Tenn. June 10, 2002) Brief Fact Summary. When the district court held that Columbia/HCA (Defendant) had waived any attorney-client privilege associated with documents that it had voluntarily disclosed to the Department of Justice during an investigation, Columbia/HCA (Defendant) argued that it had only selectively waived its priv ...
In re Oracle Corp. Derivative Litigation
CitationIn re Oracle Corp. Derivative Litig., 824 A.2d 917, 2003 Del. Ch. LEXIS 55 (Del. Ch. June 13, 2003) Brief Fact Summary. Oracle Corp.’s special litigation committee moved to terminate a derivative action brought on behalf of Oracle, claiming it was independent. Synopsis of Rule of Law. A special litigation committee is unable to meet the burden of demonstrating the absence of a material dispute of fact about its independence where its members are professors at a university that has connections to the corporation and to the defendants that are the subject of a derivative acti ...
In re Enron Corporation Securities, Derivative & ERISA Litigation
CitationIn re Enron Corp. Secs., 235 F. Supp. 2d 549, 2002 U.S. Dist. LEXIS 25211, Fed. Sec. L. Rep. (CCH) P92,239 (S.D. Tex. Dec. 19, 2002) Brief Fact Summary. A class action brought on behalf of purchasers of Enron Corp. securities alleged that banks, lawyers, and accountant/auditors violated securities laws by making false statements or failing to disclose adverse facts while selling Enron securities, and/or that they were involved in a scheme to defraud and/or a course of business, that operated as a fraud. These secondary-actor defendants moved to dismiss. Synopsis of Ru ...
Guardianship of Schiavo
CitationSchindler v. Schiavo (in Re Schiavo), 780 So. 2d 176, 2001 Fla. App. LEXIS 456, 26 Fla. L. Weekly D 305 (Fla. Dist. Ct. App. 2d Dist. Jan. 24, 2001) Brief Fact Summary. Michael Schiavo (Guardian) (Petitioner) (Plaintiff), husband and guardian of Theresa Schiavo (Theresa), petitioned the court for authorization to discontinue Theresa’s artificial life support, and Theresa’s parents (Parents) (Defendant) challenged the court’s decision. Synopsis of Rule of Law. The clear and convincing standard of proof allows a decision to end life support despite inconsistent or co ...
In re Initial Public Offering Securities Litigation
CitationMiles v. Merrill Lynch & Co. (In re Initial Pub. Offering Sec. Litig.), 471 F.3d 24, 2006 U.S. App. LEXIS 29859, Fed. Sec. L. Rep. (CCH) P94,137 (2d Cir. N.Y. Dec. 5, 2006) Brief Fact Summary. In six securities fraud class actions, containing claims of fraud on the part of many of the country’s largest underwriters linked to a series of initial public offerings (IPOs), the district court (Judge Scheindlin) granted class certification. Alleging that Judge Scheindlin failed to apply the proper standard (Judge Scheindlinutilizing a “some showing” standard) in deci ...
Estate of Wiggins
CitationIn re Estate of Wiggins, 45 A.D.2d 604, 360 N.Y.S.2d 129, 1974 N.Y. App. Div. LEXIS 3749 (N.Y. App. Div. 4th Dep’t Oct. 31, 1974) Brief Fact Summary. A couple executed a joint will. The surviving spouse executed two codicils prior to her death adding some dispositions. It is argued that the two codicils should be found ineffective to change the dispositions agreed upon in the joint will. Synopsis of Rule of Law. When a joint will is found to be a binding contract on the parties for the joint distribution of their assets the promises are irrevocable after the death of one of ...
Estate of Villwock
CitationIn re Estate of Villwock, 142 Wis. 2d 144, 418 N.W.2d 1, 1987 Wisc. App. LEXIS 4254 (Wis. Ct. App. Nov. 3, 1987) Brief Fact Summary. Mary Hitz sought application of the Simultaneous Death Act because of inconsistencies in determining time of death of her father and his wife. Based on the trial court’s determination Hitz’s father predeceased his wife and his entire estate passed to her. Synopsis of Rule of Law. Because it is beyond medical ability to fix an exact moment of death inconsistencies in the time of death by medical professionals are not incredible as a matter o ...
In Re Rebecca B
CitationIn re Custody of Rebecca B., 204 A.D.2d 57, 611 N.Y.S.2d 831, 1994 N.Y. App. Div. LEXIS 4603 (N.Y. App. Div. 1st Dep’t May 3, 1994) Brief Fact Summary. Mother petitioned to eliminate father’s overnight visitation and to require supervised visitation. Father cross-appealed for sole custody. Synopsis of Rule of Law. The testimony of mental health experts is helpful in determining child custody. In order to be properly informed the expert should meet with all parties involved in the custody hearing. ...
Brennan
CitationBrennan’s, Inc. v. Brennan’s Restaurants, Inc., 590 F.2d 168, 1979 U.S. App. LEXIS 16631 (5th Cir. La. Feb. 26, 1979) Brief Fact Summary. Appellant’s attorneys were disqualified by the lower court Synopsis of Rule of Law. Successive conflicts under Model Rule 1.9 and the lawyer’s duty of confidentiality. ...
Merritt
CitationMerritt–Chapman & Scott Corp. v. Wolfson, 321 A.2d 138, 1974 Del. Super. LEXIS 149 (Del. Super. Ct. 1974) Brief Fact Summary. Louis Wolfson, Elkin Gerbert, Joseph Kosow, and Marshal Staub, (Plaintiffs), seek indemnification by Merritt – Chapman & Scott Corp., (Defendant), against expenses incurred in a criminal action. Both parties move for summary judgment. Synopsis of Rule of Law. Corporate officers are entitled to partial indemnification if successful on a count of an indictment, which is an independent criminal charge even if unsuccessful on another related co ...
Aronson v Lewis
CitationAronson v. Lewis, 473 A.2d 805, 1984 Del. LEXIS 305 (Del. Mar. 1, 1984) Brief Fact Summary. Plaintiff, Harry Lewis, a stockholder of Meyers Parking Systems, Inc., (Meyers), brings a derivative suit against Defendants, Directors of Meyers, for alleged improper actions, without first making a demand for action on Defendants first. Synopsis of Rule of Law. A demand to a company’s directors is considered futile only where particularized facts are alleged that cause a reasonable doubt that the directors’ actions would be protected under the business judgment rule. ...
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 ...
In re Oriental Rug Warehouse Club, Inc
CitationIn re Oriental Rug Warehouse Club, 205 B.R. 407, 1997 Bankr. LEXIS 111, 31 U.C.C. Rep. Serv. 2d (Callaghan) 1187 (Bankr. D. Minn. Feb. 6, 1997) Brief Fact Summary. Oriental Rug Warehouse Club, Inc., (Petitioner), filed for bankruptcy. Yashar Rug Co., (Respondent), filed a proof of secured claim in the amount of $64,243 representing Petitioner’s outstanding balance for the purchase of rugs from Respondent. Petitioner objects. Synopsis of Rule of Law. The secured party has the burden of establishing that something constitutes identifiable proceeds form the sale or distribution of ...