CORPORATE MERGER: RightNow/Oracle challenges based on breach of fiduciary duty, inadequate proxy disclosures, unfair price ($43), board conflict/ bad faith rejected under Delaware law, business judgment rule, Certificate of Corporation exculpatory provision… relief for valuation [Read more…]
Archives for October 2012
$532,000 verdict, wages/constructive discharge
VERDICT: $532,000, wages/constructive discharge, farm cooperative education director. [Read more…]
Elections, Montana contribution limits
ELECTIONS: Montana limits on contributions by individuals and political committees to candidates unconstitutional under 1st Amendment… permanent injunction following bench trial on expedited schedule and [Read more…]
Settlements
Plan I
Francisco Ramirez, low back, 7/10, $44,066, Garry Seaman
Jessica Fisher, knee, 7/11, $34,000, Chris Helmer [Read more…]
Statute of limitations, contract v. tort
STATUTE OF LIMITATIONS/FEES/COSTS: Allegations in unclear/unsupported complaint sound in tort (breach of fiduciary duty or conversion by family farm secretary), not contract, time-barred… statutes not tolled by equitable estoppel or discovery rule as no support for claim of concealment and both parties had same opportunity to [Read more…]
Road easement, subdivision
ROAD EASEMENT: Finding that disputed subdivision road was in existence since 1970 and available to all parties, with damages to both sides for interference and remediation, affirmed… Day affirmed (IOR I-3(d)). [Read more…]
Assets division, unmarried couple
ASSETS DIVISION of unmarried couple affirmed… Phillips affirmed (IOR I-3(d)). [Read more…]
DUI, crossing double yellow centerline
DUI: Officer’s testimony that Defendant crossed double yellow centerline sufficient support for particularized suspicion for stop… Todd affirmed (IOR I-3(d)(v)). [Read more…]
Sentencing, treatment center credit
SENTENCING: Treatment center time should be credited against revoked drug sentence… order. [Read more…]
Defense verdict, motorcycle/truck
VERDICT: Defense (negligence but no causation), motorcycle/truck, pelvis/hip. [Read more…]