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Duty to Disclose Summary Judgment

McGlinchey Stafford

Ohio Supreme Court Clarifies Disclosure Duties Between Creditors and Sureties

McGlinchey Stafford on

In a recent opinion, the Supreme Court of Ohio definitively held that a creditor does not have an affirmative duty to disclose facts that materially increase risk to a surety—and nor does a surety have a duty to disclose to...more

Bricker Graydon LLP

Lenders Rejoice - Ohio Supreme Court Saves The Day On Guaranties

Bricker Graydon LLP on

In 2024, we alerted you to a decision out of the First Appellate District of Ohio (The Huntington National Bank v. Schneider, C-230072 (December 29, 2023)), where the Court was asked to review a grant of summary judgment in...more

ArentFox Schiff

California Supreme Court to Review Newly Created Duty to Market a “Safer” Product Even in the Absence of a Defect

ArentFox Schiff on

On May 1, the California Supreme Court granted Gilead Science Inc.’s request to review a California appellate court’s holding that the pharmaceutical manufacturer must defend against negligence claims stemming from its...more

Troutman Pepper Locke

Summary Judgment Ruling in Complex Contract Dispute Addresses Issues from A (Admiralty) to W (Warranty) and Many in Between

Troutman Pepper Locke on

In a case involving a fact pattern that could be on a law school exam, EDVA Judge Mark Davis provides a detailed analysis of a series of issues in a complex dispute between a yacht owner and a marine engine manufacturer. What...more

Snell & Wilmer

Hotel Utah: You Can Check-Out Any Time You Like, but You Can Never Leave . . . Your Disclosure Obligations

Snell & Wilmer on

A recent decision by the Supreme Court of Utah is a cautionary tale to sellers of real property attached to going concerns and prospective development issues. In Shree Ganesh, LLC v. Weston Logan, Inc., 2021 UT 21, the...more

Winstead PC

Court Found That There Was A Fact Question On Whether Officers Violated Fiduciary Duties By Obtaining A Side Bonus From A...

Winstead PC on

A business divorce may mean that the owners need to sell the business or the business’s assets. In the following case, some of the owners/officers took advantage of a sale transaction to benefit from that transaction at the...more

King & Spalding

Ninth Circuit Affirms Summary Judgment in Fraudulent Omission Class Action Based on Plaintiffs’ Failure to Present Evidence of...

King & Spalding on

On June 18, the Ninth Circuit affirmed the Central District of California’s grant of summary judgment on claims asserted against Unilever by various putative classes of consumers who purchased St. Ives facial cleanser. The...more

King & Spalding

District Court Grants Summary Judgment to Ford in Case Involving Allegedly Defective Sunroofs, Holding that the Low Incident Rate...

King & Spalding on

On February 11, 2020, the U.S. District Court for the Western District of Washington granted Ford’s motion for summary judgment on the plaintiff’s fraud and consumer protection claims, concluding that the plaintiff had not...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - November 2017/ Volume 9 / Issue 4

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between August 2017 and October 2017....more

Hinshaw & Culbertson LLP

Sellers' Real Estate Agent Did Not Breach Duty to Disclose Existence of Mold to Buyers

Watterud v. Gilbraith, No. DA 15-0234 (Mont. Oct. 6, 2015) - Home sellers hired defendant real estate agent to sell their home and entered into an agreement with plaintiffs purchasers. The agreement included property...more

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