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Appellate Division, First Department: April 18, 2024
Publication Date: 2024-04-18
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals & Motions List released on:April 16, 2024

State Farm Mut. Auto. Ins. Co. v. All City Family Healthcare Ctr., Inc.
Publication Date: 2024-04-16
Practice Area: Insurance Litigation
Industry:
Court: Supreme Court, New York
Judge: Justice Leslie A. Stroth
Attorneys:
For plaintiff:
For defendant:
Case number: 154735/2020

Insurer Has No Duty to Pay Claim; Claimants Failed to Perform Examination Under Oath

Ameriprise Holdings, Inc. v. Kathy McCampbell, as Surviving Child of Etta McCampbell, et al.
Publication Date: 2024-04-16
Practice Area: Civil Procedure
Industry: Financial Services and Banking
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys:
For plaintiff: Thomas Byrne, Stacey Mohr, Samantha Darnell, (Eversheds Sutherland (US) LLP), Atlanta, for appellant.
For defendant: Andrew Evans, (Attorney at Law), Atlanta, for appellee; Kevin Quirk, (Quirk & Quirk, LLC), Atlanta, for Other Party.
Case number: A23A1736

Court reverses denial of a motion to set aside a default judgment in a garnishment case due to use of an incorrect garnishment form

Appellate Division, Second Department: April 12, 2024
Publication Date: 2024-04-12
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Hand Down List
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Handdown List released on:April 10, 2024

Axos Bank v. 64-03 Realty LLC
Publication Date: 2024-04-12
Practice Area: Contractual Disputes | Creditors' and Debtors' Rights | Damages
Industry:
Court: U.S. District Court for the Eastern District of New York, U.S. - EDNY
Judge: District Judge Rachel P. Kovner
Attorneys:
For plaintiff:
For defendant:
Case number: 20-CV-3549

Bank Makes Out Contract Breach Claim; Usury, Fraudulent Inducement Defenses Fail

Axis Surplus Ins. Co. v. Universal Visions Holdings Corp.
Publication Date: 2024-04-11
Practice Area: Insurance Litigation
Industry: Insurance
Court: U.S. District Court for the Eastern District of New York, U.S. - EDNY
Judge: District Judge Eric Komitee
Attorneys:
For plaintiff:
For defendant:
Case number: 21-CV-5590

Claims in Canadian Action Would Not Exist 'But-For' Tour Bus Passengers' Injuries

Glass et al. v. Faircloth et al.
Publication Date: 2024-04-11
Practice Area: Trusts and Estates
Industry:
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys:
For plaintiff: Letitia McDonald, Lohr Beck-Kemp, Peter Diaz, (King & Spalding LLP), Atlanta, Robert Reeves, Thomas Tate, Robert Thomas, Dana Lohrberg, (Andersen, Tate & Car, P.C.), Duluth, Nathan Hovey, (Georgia Department of Law), Atlanta, Mandi Goodman, Atlanta, for appellant.
For defendant: Gerald Davidson, (Mahaffey Pickens Tucker, LLP), Lawrenceville, J. Randolph Evans, Derek Centola, (Squire Patton Boggs), Atlanta, James Lamberth, (Troutman Pepper Hamilton Sanders LLP), Atlanta, Dara Mann, (Squire Patton Boggs LLP), Atlanta, James Manley, Jill Kuhn, (Troutman Sanders LLP), Atlanta, Zachary Johnson, (Georgia Department of Law), Atlanta, Charli Davis, Atlanta, for appellee.
Case number: A23A1402

Court reverses injunction for former trustees' legal fees in Trust dispute, and affirms that no reimbursement of fees paid to former trustees is required

Sandoval v. Uphold HQ Inc.
Publication Date: 2024-04-11
Practice Area: Civil Procedure
Industry: Investments and Investment Advisory
Court: U.S. District Court for the Southern District of New York, U.S. - SDNY
Judge: District Judge Vernon S. Broderick
Attorneys:
For plaintiff: Rachel Geman, Christopher E. Coleman, Lieff Cabraser Heimann & Bernstein, LLP, New York, New York.
For defendant: Counsel for Plaintiffs: Catherine Elizabeth Anderson, Giskan Solotaroff & Anderson, LLP, New York, New York. Counsel for Defendant: Benjamin Delalio Bianco, Caitlin R. Trow, Meister Seelig & Fein LLP, New York, New York.
Case number: 21-CV-7579

Dismissal Upheld; Deceptive Practices Under State Law Not Alleged

Harco National Insurance Company v. Eric Knowles, Inc. et al.
Publication Date: 2024-04-10
Practice Area: Insurance Law
Industry: Insurance | Mining and Resources
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys:
For plaintiff: Kenan Loomis, (Cozen O’Connor), Atlanta, for appellant.
For defendant: Hillary Shawkat, (Lueder, Larkin & Hunter), Alpharetta, for appellee; Richard Staggard, (Farah and Farah, P.A.), Jacksonville, for other party.
Case number: A23A1263

Court reverses denial of summary judgment as to an insurer's claim that a worker's injuries were not covered by a commercial liability policy due to policy exclusions for workplace injuries

State Farm Fire & Cas. Co. v. Pentair Flow Techs.
Publication Date: 2024-04-02
Practice Area: Insurance Litigation | Products Liability
Industry: Consumer Products | Insurance
Court: U.S. District Court for the Southern District of New York, U.S. - SDNY
Judge: District Judge Nelson S. Román
Attorneys:
For plaintiff:
For defendant:
Case number: 21-CV-6679

Only Strict Products Liability, Negligence Claims Survive in Suit Over Fire Caused by Pump

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