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Del. Ch.·
2004-10-08
The court granted summary judgment for the director defendants on most of McGowan's claims, including breach of fiduciary duty, bad faith, breach of the stockholders' agreement, conversion, and aiding and abetting claims related to the merger extension and the formation of Empres
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346 F. Supp. 2d 1226·
M.D. Fla.·
2004-08-08
The court held that the defendants' motions to suppress evidence shall be granted in part and denied in part, meaning some, but not all, of the seized evidence will be suppressed.
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Del.·
2003-06-18
The Delaware Supreme Court held that the Court of Chancery erred in dismissing the amended complaint under Chancery Rule 12(b)(6). The court found that the plaintiffs had pleaded sufficient facts to infer that a majority of the directors had disabling conflicts of interest, which
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Del. Ch.·
2003-02-13
The court granted the motion to dismiss for lack of personal jurisdiction over the Advisory Board Defendants, finding they lacked sufficient minimum contacts with Delaware and did not transact business within the state under the long-arm statute. The court denied the motion to di
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833 So. 2d 249·
Fla. 4th DCA·
2002-12-26
The Florida Fourth District Court of Appeal held that the statutory recantation defense under Florida Statute § 837.07 applies to defendants charged as principals in the perjury of another, requiring dismissal of perjury charges when the actual perjurer recants his testimony befo
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Del. Ch.·
2002-12-19
The Court of Chancery dismissed the plaintiff's class action claims for common law and equitable fraud with prejudice, finding that individual issues of justifiable reliance would predominate over common questions. The plaintiff's individual fraud claims were dismissed without pr
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Del. Ch.·
2002-10-08
The Court held that the General Partner breached the Partnership Agreement by purporting to amend it unilaterally without the approval of the limited partners. The Court found that the Partnership Agreement was ambiguous regarding the General Partner's authority to create a new c
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Del.·
2002-08-29
The Supreme Court of Delaware affirmed in part and reversed in part the Court of Chancery's decision. It held that a limited partnership agreement can create fiduciary duties mirroring corporate law, and that the agreement's provisions established an entire fairness standard for
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Del.·
2001-08-27
The Delaware Supreme Court affirmed the Court of Chancery's dismissal of a class action complaint challenging a merger. The court held that allegations did not support claims for breach of the target board's duty of loyalty or disclosure duties, nor claims against the acquiring c
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Del. Ch.·
2000-07-20
The Court granted the defendants' motion to stay the Delaware action in favor of an earlier-filed, consolidated class action in the Northern District of California. The Court found that the California action was capable of providing prompt and complete justice, involved substanti
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Del. Ch.·
2000-07-18
The court granted in part and denied in part the defendants' motion to dismiss. The court dismissed claims against non-director shareholders for breach of fiduciary duty, finding they did not owe such duties. Claims for aiding and abetting by the acquirer were dismissed for insuf
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749 So. 2d 595·
Fla. 3d DCA·
2000-02-09
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Del. Ch.·
1999-12-28
The court held that appraisal is not the exclusive remedy for minority stockholders alleging breaches of fiduciary duty in a merger. Directors breached their duties by failing to provide adequate disclosures and by improperly delegating the determination of merger consideration t
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55 F. Supp. 2d 1362·
S.D. Fla.·
1999-02-11
The court held that the evidence presented was insufficient to sustain a conviction for knowing and intentional participation in a drug smuggling operation, as mere presence on the vessel was not enough.
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726 So. 2d 827·
Fla. 4th DCA·
1999-02-03
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724 So. 2d 607·
Fla. 4th DCA·
1998-12-16
The court held that the evidence was sufficient to support the appellant's conviction for attempted second-degree murder, affirming the trial court's denial of his motion for judgment of acquittal.
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705 So. 2d 54·
Fla. 4th DCA·
1997-12-24
Catalina Arroyo was convicted of three counts of interference with custody of minors after she accompanied her husband to pick up their children from foster care and drove with them to Mexico instead of returning them. The court reversed, holding that the state's evidence was ins
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673 So. 2d 546·
Fla. 4th DCA·
1996-05-15
Florida's appellate court reversed the dismissal of charges against Torres, holding that the State presented a prima facie case of aiding and abetting a robbery by driving the perpetrators to the scene and facilitating their escape.
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999 F.2d 1290·
8th Cir.·
1993-07-30
The court affirmed the defendants' convictions, holding that the government sufficiently pleaded and proved lack of union authorization, and that the exclusion of expert testimony was proper.
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999 F.2d 1189·
7th Cir.·
1993-07-28
The court held that the trial court did not err in excluding an out-of-court exculpatory statement due to lack of trustworthiness and correctly sentenced the defendant as an armed career criminal.
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995 F.2d 1285·
5th Cir.·
1993-07-12
The court affirmed Anunaso's drug convictions and sentences, affirmed Mergerson's convictions on counts one through four but reversed count five, and affirmed Mergerson's sentences for counts two through four, but vacated Mergerson's sentence for count one, remanding for resenten
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997 F.2d 461·
8th Cir.·
1993-07-07
The court held that the government's prior arguments and statements did not constitute a concession that Peltier's conviction could only be sustained on an aiding and abetting theory, and that the exclusion of self-defense evidence was proper.
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998 F.2d 802·
10th Cir.·
1993-07-06
The dissenting judge believes the majority erred in its interpretation of the evidence regarding the defendant's involvement as an aider and abettor.
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996 F.2d 419·
D.C. Cir.·
1993-07-02
The court held that the admission of expert testimony stating that the packaging of drugs indicated intent to distribute, while technically violating Fed.R.Evid. 704(b), did not constitute plain error because it was not clearly forbidden under settled law at the time of trial and
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996 F.2d 203·
8th Cir.·
1993-06-18
The court held that the district court did not err in refusing a lesser included offense instruction because no rational jury could find the defendant innocent of the greater offense while guilty of the lesser, nor was the jury verdict coerced by the court's instructions.
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996 F.2d 436·
1st Cir.·
1993-06-11
The court held that the trial judge conducted an adequate inquiry into alleged juror misconduct and that a mid-trial remark did not impermissibly shift the burden of proof. Convictions are affirmed.
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992 F.2d 1387·
5th Cir.·
1993-05-31
The court held that convictions for conspiracy and substantive offenses of transporting stolen goods are permissible, and that a codefendant's out-of-court statement implicating the defendant only by contextual implication does not violate Bruton, and that witness sequestration a
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993 F.2d 713·
9th Cir.·
1993-05-21
The court held that the district court did not abuse its discretion in denying the motion to withdraw the guilty plea and properly sentenced the defendant.
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993 F.2d 338·
3d Cir.·
1993-05-14
A defendant abuses a position of trust under U.S.S.G. § 3B1.3 when their employer relies on their integrity due to conferred authority and lack of controls, and this position makes the offense significantly easier to commit or conceal.
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991 F.2d 189·
5th Cir.·
1993-05-10
The court held that the district court did not err in instructing the jury on aiding and abetting, denying the motion to dismiss on double jeopardy grounds, denying the motion for continuance, or denying the motion to suppress evidence.
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992 F.2d 687·
7th Cir.·
1993-04-29
The court affirmed the conviction, finding sufficient evidence to support the jury's verdict and that the defendant did not receive ineffective assistance of counsel.
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992 F.2d 896·
9th Cir.·
1993-04-23
The court affirmed the convictions and sentences, finding no outrageous government conduct, prosecutorial vindictiveness, entrapment, or errors in jury instructions or sentencing departures.
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991 F.2d 640·
10th Cir.·
1993-04-15
The court held that the district court erred in granting summary judgment because the Bank's premature disbursement of escrow funds could be a proximate cause of plaintiffs' losses, and Merrico's subsequent mismanagement was not necessarily a supervening cause as a matter of law.
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990 F.2d 672·
1st Cir.·
1993-04-07
The court held that Eva Rios's pretrial identification was impermissibly suggestive and unreliable, and the error was not harmless, thus her conviction must be vacated. The evidence was sufficient to support Jose Rios's conviction.
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991 F.2d 508·
9th Cir.·
1993-04-07
The court held that the government was not obligated to provide information on the community standards of Las Vegas in the affidavit for a search warrant, and therefore the evidence should not have been suppressed.
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990 F.2d 111·
3d Cir.·
1993-04-05
The court held that the admission of a co-defendant's guilty plea without a specific limiting instruction was not plain error, as the admissible evidence of guilt was overwhelming and there was no evidence of deliberate prosecutorial misconduct.
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990 F.2d 65·
2d Cir.·
1993-04-05
A juror's intentional nondisclosure during voir dire does not automatically entitle a defendant to a new trial; the defendant must still show that a truthful answer would have provided a valid basis for a challenge for cause and that the nondisclosure affected impartiality.
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988 F.2d 518·
5th Cir.·
1993-04-01
The court held that the evidence was sufficient to support convictions for illegal firearms possession and transfer, but insufficient to prove knowledge of the transferee's felon status for a sale charge. The court also found no plain error in the admission of a co-defendant's gu
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989 F.2d 1490·
7th Cir.·
1993-03-25
The court held that identification testimony was admissible and that Confrontation Clause and severance issues did not warrant reversal.
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989 F.2d 1061·
9th Cir.·
1993-03-22
The court held that the search warrants were valid, the admission of certain hearsay statements was either proper or harmless error, other crimes evidence was admissible, severance was not required, prosecutorial misconduct did not warrant reversal, and the Sentencing Guidelines
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989 F.2d 1045·
9th Cir.·
1993-03-17
The court held that the search of the desk incident to the arrest of Mr. Tarazón was valid, despite the judge's disapproval of the precedent relied upon.
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986 F.2d 916·
5th Cir.·
1993-03-16
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998 F.2d 548·
8th Cir.·
1993-03-15
The court held that the evidence was sufficient to support the convictions and that the jury instructions regarding the firearm charge were proper.
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987 F.2d 902·
2d Cir.·
1993-03-04
The dissenting judge believes the other act evidence was admissible under Fed.R.Evid. 404(b) and not unfairly prejudicial under Fed.R.Evid. 403.
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988 F.2d 798·
8th Cir.·
1993-03-02
The court affirmed the convictions and sentences but reversed the modification of David Heinen's fine payment terms.
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985 F.2d 1293·
5th Cir.·
1993-03-02
The court affirmed the conviction and sentence, finding no reversible error in the jury instructions, prosecutorial comments, sufficiency of evidence, or sentencing enhancements.
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986 F.2d 234·
8th Cir.·
1993-02-17
The court held that the evidence presented at trial was sufficient to sustain the defendant's convictions for conspiracy to distribute cocaine and aiding and abetting the distribution of cocaine.
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986 F.2d 211·
8th Cir.·
1993-02-05
The court held that there was sufficient evidence to convict the defendant of aiding and abetting drug distribution, as a reasonable jury could have concluded he knowingly participated.
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985 F.2d 15·
1st Cir.·
1993-02-04
The court affirmed the conviction and sentence, finding sufficient evidence for the charges, no abuse of discretion in evidentiary rulings, no prejudice from nondisclosure of polygraph results, no impermissible variance, and no clear error in the sentencing enhancement.
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984 F.2d 597·
4th Cir.·
1993-01-19
The court affirmed the convictions, holding that RICO's "pattern of racketeering" requirement was not unconstitutionally vague as applied to the appellants' conduct and that sufficient evidence supported Eugene Bennett's conviction for arson resulting in death.