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Business Law

Shareholder Shows ‘Scienter’ for Securities Fraud (access required)

The 4th Circuit revives a shareholder’s suit alleging a pharmaceutical company violated federal securities laws by making materially misleading statements and omissions about the development and likely approval of a new drug, Northera; defendants’ failure to disclose critical information about ...

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Surety Has Both Tort, Contract Claims (access required)

Plaintiffs, sureties that issued numerous construction payment and performance bonds and are suing debtor Truland Entities to enforce collateral security and indemnification provisions in their Indemnity Agreements, win dismissal of defendants’ counterclaims, which are essentially restatements of defendants’ affirmative defenses, ...

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Counterclaims Same as Affirmative Defenses (access required)

Plaintiffs, sureties that issued numerous construction payment and performance bonds and  are suing debtor Truland Entities to enforce collateral security and indemnification provisions in their Indemnity Agreements, may allege both tort and contract claims, based on alleged misrepresentations in financial ...

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No Copyright Dec Action for New Technology (access required)

A Harrisonburg U.S. District Court dismisses this declaratory judgment action filed by three FM radio stations asking the court to declare that broadcasts, made via a geofencing technology yet to be implemented, are exempt from liability for copyright royalties under ...

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