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TOMRA of N. Am. Inc. v. Count & Crush LLC
Publication Date: 2023-09-25
Practice Area: Contractual Disputes
Industry:
Court: U.S. District Court for the Northern District of New York, U.S. - NDNY
Judge: Magistrate Judge Daniel J. Stewart
Attorneys:
For plaintiff: Attorneys for Plaintiff: Peter A. Lauricella, Esq., Nicole Haimson, Esq., Andrew S. Holland, Esq., Christopher Priore, Esq., Olivia Orlando, Esq., of counsel, Wilson, Elser, Moskowitz, Edelman & Dicker LLP, Albany, New York.
For defendant: Attorneys for Defendants: Andrew C. Rose, Esq., of counsel, Nixon Peabody LLP, Albany, New York. Attorneys for Defendants: George J. Marcus, Esq., Daniel L. Rosenthal, Esq., of counsel, Marcus, Clegg, Bals & Rosenthal, P.A., Portland, Maine.
Case number: 1:18-CV-1266

Fact Questions Predominate in Breach Action, Requiring Denial of Summary Judgment Motion

Rex Real Estate I, L.P. v. Rex Real Estate Exch., Inc.
Publication Date: 2023-09-25
Practice Area: Civil Appeals | Real Estate | Trademarks
Industry:
Court: U.S. Court of Appeals for the Fifth Circuit
Judge: Circuit Judge Graves
Attorneys:
For plaintiff:
For defendant:
Case number: 22-50405

A real estate company, that filed suit against another company for trademark infringement, successfully proved on appeal that the trial court partially erred in finding for the defendant.

Appellate Division, First Department: September 25, 2023
Publication Date: 2023-09-25
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals & Motions List released on:September 21, 2023

Eletson Holdings Inc. v. Levona Holdings Ltd.
Publication Date: 2023-09-19
Practice Area: Dispute Resolution
Industry:
Court: U.S. District Court for the Southern District of New York, U.S. - SDNY
Judge: District Judge Lewis J. Liman
Attorneys:
For plaintiff:
For defendant:
Case number: 23-CV-7331

Award's, Petition's, Declaration's Filing With Redactions Denied;Suit To Be Unsealed

In the Matter of Speedcast Int'l Ltd.
Publication Date: 2023-09-18
Practice Area: Bankruptcy | Civil Appeals | Contractual Disputes
Industry:
Court: U.S. Court of Appeals for the Fifth Circuit
Judge: Circuit Judge Southwick
Attorneys:
For plaintiff:
For defendant:
Case number: 22-20274

Various creditors, who argued on appeal that the bankruptcy court erred in concluding a particular claim was not permitted, failed to prove on appeal that they were entitled to relief.

NexPoint Diversified Real Estate Trust v. Acis Capital Mgmt. LP
Publication Date: 2023-09-13
Practice Area: Contractual Disputes
Industry: Investments and Investment Advisory
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge Sarah A. L. Merriam
Attorneys:
For plaintiff: For Plaintiff-Appellant NexPoint Diversified Real Estate Trust: Griffin S. Rubin, on the brief, Mazin A. Sbaiti, Sbaiti & Company PLLC, Dallas, TX.
For defendant: For Defendants-Appellees Acis Capital Management, L.P. and Joshua N. Terry: Jonathan E. Pickhardt, William B. Adams, on the brief, Blair A. Adams, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY. For Defendant-Appellee Brigade Capital Management, LP.: Jason C. Hegt, Alexis K. Godfrey, on the brief, Samir Deger-Sen, Latham & Watkins LLP, New York, NY. For Intervenor-Defendant-Appellee Highland CLO Funding, Ltd.: Jennifer E. Poon, on the brief, Uri A. Itkin, Akin Gump Strauss Hauer & Feld LLP, New York, NY.
Case number: 22-1912

Contract Rescission Action Does Not State Claim; Does Not Violate IAA

Elliot v. City of Coll. Station, Texas
Publication Date: 2023-09-11
Practice Area: Civil Appeals | Civil Procedure | Constitutional Law
Industry:
Court: Court of Appeals
Judge: Justice Rambin
Attorneys:
For plaintiff:
For defendant:
Case number: 06-22-00078-CV

Two residents of an extraterritorial jurisdiction, who filed suit against the city challenging constitutional doctrine, failed to prove on appeal that the trial court erred in granting a plea to the jurisdiction.

Unique Auto Sales, LLC et al. v. Dunwody Insurance Agency et al.
Publication Date: 2023-09-06
Practice Area: Insurance Litigation
Industry: Insurance
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys:
For plaintiff: Reuben Akin, (Attorney at Law), Macon, Charles Cork, (Attorney at Law), Decatur, for appellant.
For defendant: Matthew Moffett, (Gray, Rust, St. Amand Moffett & Brieske, LLP), Atlanta, Ernest Satterfield, Thomas Haswell, (Hall Booth Smith, P.C.), Atlanta, for appellee; Kenneth Jones, (Five Star Automotive), Atlanta, other party.
Case number: A23A0697

Court affirms summary judgment that an insurer was not liable for an insured party's losses due to plain language of exclusions in a policy

In re Estate of Ewers
Publication Date: 2023-09-04
Practice Area: Commercial Law | Contracts | Deals and Transactions
Industry:
Court: Court of Appeals
Judge: Justice Goodman
Attorneys:
For plaintiff:
For defendant:
Case number: 01-21-00331-CV

Cooper met Larry Ewers and invested $200,000 in Ewers' company, EPD Management LLC, described as an oil and gas speculation company.

Hanna v. Williams
Publication Date: 2023-09-04
Practice Area: Civil Appeals | Legal Malpractice | Real Estate
Industry:
Court: Court of Appeals
Judge: Justice Kelly
Attorneys:
For plaintiff:
For defendant:
Case number: 03-22-00254-CV

Appellants were in the business of flipping houses and had a homebuyer send them a Texas Deceptive Trade Practices Act demand letter.

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