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5/22/2008 2:54:58 PM EST
UCC, Commercial Contracts & Business LC Staff
Where a manufacturer allegedly violated the Sherman Act by entering into agreements with retailers to charge fixed prices, vertical price restraints were to be judged accor ...
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4/1/2009 8:40:24 AM EST
UCC, Commercial Contracts & Business LC Staff
Dismissal was reversed; shareholders' allegations of disloyalty rebutted business judgment rule presumption, and officers and directors owed duty of care and loyalty. Sco ...
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4/1/2009 8:41:11 AM EST
UCC, Commercial Contracts & Business LC Staff
Petition for rehearing en banc denied. Section 514(a) (29 U.S.C.S. § 1144(a)) of ERISA did not preempt the employer spending requirements of the San Francisco Health Care Security Ordinance. The spendi ...
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4/1/2009 8:38:36 AM EST
UCC, Commercial Contracts & Business LC Staff
Tyson's motion for a partial judgment on the pleadings with respect to Zwanenberg Food Group's implied covenant claim was denied in a case that arose out of a contract to b ...
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4/1/2009 8:39:17 AM EST
UCC, Commercial Contracts & Business LC Staff
As corporate shareholders did not properly plead demand futility pursuant to Del. Ch. Ct. R. 23.1 in most of their claims of corporate waste and breaches of fiduciary dutie ...
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4/1/2009 8:39:46 AM EST
UCC, Commercial Contracts & Business LC Staff
In a dispute revolving around oil and gas exploration investments, a sophisticated investor did not repose any special trust in an individual or impose on him any special d ...
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4/1/2009 8:41:39 AM EST
UCC, Commercial Contracts & Business LC Staff
District court lacked 28 U.S.C.S. § 1331 jurisdiction to consider bank's 9 U.S.C.S. &sec ...
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4/13/2009 3:35:05 PM EST
UCC, Commercial Contracts & Business LC Staff
FCRA had a separate punitive damages provision and specified statutory damages could only be awarded in lieu of actual damages, thus, an order conclu ...
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4/1/2009 8:37:13 AM EST
UCC, Commercial Contracts & Business LC Staff
Prohibition of the use of physician prescription histories for pharmaceutical marketing purposes under RSA 318:47-f was not unconstitutional, since the statute regulated co ...
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4/1/2009 8:37:54 AM EST
UCC, Commercial Contracts & Business LC Staff
The grant of summary judgment to the advisor on the shareholders' claim that the advisor violated § 36(b) of the Investment Company Act of 1940 was affirmed because di ...
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4/13/2009 3:33:42 PM EST
UCC, Commercial Contracts & Business LC Staff
15 U.S.C.S. §§ 1681c(g) and 1681n of Fair and Accurate Credit Transactions Act were unconstitutional under Fifth Amendment facially and as applied to vendors beca ...
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4/1/2009 8:36:28 AM EST
UCC, Commercial Contracts & Business LC Staff
Trial court dismissed shareholder's claim against directors alleging they acted in bad faith by allowing sale of subsidiary for an alleged fraction of its fair market value ...
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5/22/2008 2:54:58 PM EST
UCC, Commercial Contracts & Business LC Staff
The 15 U.S.C.S. § 78j(b) implied private right of action did not extend to aiders and abettors, thus, suppliers' and customers' arrangements that allowed the investors ...
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5/22/2008 2:54:58 PM EST
UCC, Commercial Contracts & Business LC Staff
Defendant's motion to transfer venue granted in a case involving what is known as an “accept-or-return contract.” This case involves plaintiff's breach of contr ...
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