Where a shareholder alleged a company CEO made misrepresentations, false statements and omissions in order to procure a merger with another company, its claims under § 10(b) and Rule 10b-5 of the Securities Exchange Act, under § 12(2) of the ...

Tagged with: Judge Robert E. Payne Securities U.S. District Court - Eastern District

Where a plaintiff filed two separate suits, in different circuit courts, arising out of the same multi-vehicle accident, in an effort to maximize her recovery, her motion to now consolidate the suits in federal court — in order to have ...

Tagged with: Judge Robert E. Payne Negligence U.S. District Court - Eastern District

Where policyholders reached a settlement with a long-term care insurer over its disclosures surrounding premium increases, an award of attorneys’ fees to their counsel of at least $1 million, and up to $18.5 million, was fair and reasonable. Background Genworth ...

Tagged with: Judge Robert E. Payne Tort U.S. District Court - Eastern District

Where the plaintiff asserted a claim for defamation based upon the defendants’ allegedly false statement that her house was scheduled for foreclosure, her defamation claim was dismissed because there were insufficient allegations the statement was defamatory under the law. Background ...

Tagged with: Judge Robert E. Payne Tort U.S. District Court - Eastern District

Where the question whether the reasonable relationship test applies to highly compensated employees, or HCEs, is pending before the U.S. Supreme Court, a collective action alleging employees were paid less than the requisite time and a half for hours worked ...

Tagged with: Employment Judge Robert E. Payne U.S. District Court - Eastern District

Where defendants’ attorneys argued a statement in a notice of voluntary dismissal filed by plaintiffs’ attorneys violated Rule 11, their motion for sanctions was denied because Rule 11’s “later advocating” provision did not extend to the dismissal notice. Background The ...

Tagged with: Judge Robert E. Payne Sanctions U.S. District Court - Eastern District

A doctor who claimed he was arrested twice on false charges of stalking and domestic violence can sue his accuser for intentional infliction of emotional distress, or IIED. A federal trial court denied the accuser’s motion to dismiss, holding that ...

Tagged with: Emotional distress Judge Robert E. Payne U.S. District Court - Eastern District

Where a man was twice arrested for charges based on a woman’s allegedly false reports and he claims to have suffered post-traumatic stress disorder even after the charges were dismissed, his suit for intentional infliction of emotional distress survived the ...

Tagged with: Judge Robert E. Payne Tort U.S. District Court - Eastern District

Where the mother of two students alleged they were denied rights provided by the Individuals with Disabilities Education Act, or IDEA, but she failed to administratively exhaust certain claims, another was not cognizable, a third failed to plead error and ...

Tagged with: Civil Practice Judge Robert E. Payne U.S. District Court - Eastern District

Where a woman sued her former attorneys for providing deficient legal advice in a suit over an alleged sexual assault, her claims for negligence and breach of fiduciary duty were dismissed as redundant of her claim for breach of contract. ...

Tagged with: Judge Robert E. Payne Tort U.S. District Court - Eastern District