ENVIRONMENT: Constitution’s clean & healthful environment properly found to include stable climate system, invalidates MEPA review limitation… 16 children had standing to bring challenge… psychiatric exams of 8 children properly denied… Seeley affirmed. [Read more…]
Lending breach, bait & switch, $6 million verdict
LENDING BREACH: Sufficient evidence of fraud in surreptitious conversion of 30-year residential condo loan application to 18-month commercial loan resulting in predictable foreclosure… successor bank liable for punitives arising out of predecessor’s pre-merger conduct… $1 million compensatory, $5 million punitives verdict affirmed… interest improperly awarded from punitives decision rather than verdict… J. Brown affirmed, reversed. [Read more…]
Corporate merger, RightNow/Oracle
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…]
Book fraud, fiction v. non-fiction
BOOK FRAUD: RICO claims that purported nonfiction books (Three Cups of Tea, Stones Into Schools) about humanitarian efforts in Pakistan are actually fiction and part of scheme to defraud purchasers implausible… fraud/ deceit claims implausible for lack of reliance on some particular statement by Defendants outside text of books… contract/implied [Read more…]