News & Case Summaries

Case Summaries

Uniform Commercial Code

Read More

Corp. Governance

[11/15] Central Laborers Pension Fund v. McAfee, Inc.
Affirming the trial court's summary judgment as to nine outside directors of McAfee in a class action corporate malfeasance case relating to the company's merger with Intel in which former public shareholders alleged an unfair process contaminated by conflicts that resulted in an undervalued price at sale, but reversing the judgment as to the former CEO and the corporate defendants

[10/02] In Re Walldesign
Affirming the district court's order reversing the bankruptcy order that would have let a committee of unsecured creditors could recover fraudulently transferred funds solely from a corporate cheat because the appellate court agreed with the district court that the committee could also recover funds from the parties to whom the cheat made payments from the corporate account because the 'good guys' involved in these dealings were still in a better position than unsuspecting creditors to guard against corporate fraud.

[04/12] Applied Medical Corporation v. Thomas
In a corporate governance action, arising from plaintiff corporation's suit over the exercise of its right to repurchase shares of its stock, given to defendant under a stock incentive plan for outside directors on its board, the trial court's grant of summary judgment to defendant is: 1) reversed because plaintiff's conversion claim could be based on either ownership or the right to possession at the time of conversion; and 2) affirmed because plaintiff's fraud claims were not timely under either the discovery rule or relation back doctrine, and thus barred by the statute of limitations.

[04/06] Stein v. AXIS Ins. Co.
In an action against two insurance companies, brought by a plaintiff-insured who was denied coverage under a D&O policy because he was convicted of securities fraud, the trial court's judgment sustaining defendants' demurrer and dismissing the complaint is: 1) affirmed in part where the AXIS demurrer was properly sustained because AXIS was a stranger to the HCC policy and owed no duties connected with it; but 2) reversed in part where the HCC demurrer was improperly sustained because when a policy expressly provides coverage for litigation expenses on appeal, an exclusion requiring repayment to the insurer upon a 'final determination' of the insured's culpability applies only after the insured's direct appeals have been exhausted.

[03/20] Sheley v. Harrop
In a dispute involving the control of a pest control company started by decedent, asserting causes of action to recover damages for conversion, breach of fiduciary duty, and aiding and abetting breach of fiduciary duty based on actions taken by defendant (decedent's wife) in cooperation with the decedent, the trial court granted of defendant's anti-SLAPP motion as to plaintiff's intentional infliction of emotional distress claim is: 1) modified by granting defendants' motion to strike the specific claims founded on allegations of protected activity in each remaining cause of action in the cross-complaint; and 2) otherwise affirmed as modified.

Read More

Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the AP material found on this web site. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.