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Features

Early Dismissal Strategies When Dealing with a Dishonest Plaintiff Image

Early Dismissal Strategies When Dealing with a Dishonest Plaintiff

William (Bill) Wortel

While there sometimes is nothing that can be done about a dishonest plaintiff other than to attack his/her credibility in front of a jury, it is critical to ensure that all early dismissal strategies are explored before reaching the dispositive motion stage of case.

Features

Coverage Issues Under Homeowners' Insurance Policies in Chinese Drywall Cases Image

Coverage Issues Under Homeowners' Insurance Policies in Chinese Drywall Cases

Travis B. Wilkinson & Seth A. Schmeeckle

Recently, a Louisiana Court of Appeal rendered a decision in what is believed to be the first state or federal appellate decision regarding insurance coverage for damages allegedly caused by Chinese drywall under a homeowners' insurance policy. In <i>Ross v. C. Adams Construction &amp; Design</i>, the Louisiana Fifth Circuit affirmed the granting of a summary judgment in favor of the defendant insurer and held that the claims made by the plaintiff homeowners for damages as a result of Chinese drywall in their home were excluded from coverage.

Features

Real Property Law Image

Real Property Law

ALM Staff & Law Journal Newsletters

An in-depth look at several major rulings.

Features

Landlord & Tenant Image

Landlord & Tenant

ALM Staff & Law Journal Newsletters

A look at a recent ruling.

Features

Cooperatives & Condominiums Image

Cooperatives & Condominiums

ALM Staff & Law Journal Newsletters

Recent rulings of importance.

Features

Decisions of Interest Image

Decisions of Interest

ALM Staff & Law Journal Newsletters

Key rulings of importance are analyzed.

Features

NJ & CT News Image

NJ & CT News

ALM Staff & Law Journal Newsletters

The latest rulings from neighboring states.

Features

Divorce Settlements Funded By Proceeds of Fraud Image

Divorce Settlements Funded By Proceeds of Fraud

Alton L. Abramowitz & Valerie H. Tocci

The recent <i>Walsh</i> decision is a victory for non-moneyed spouses unknowingly married to those whose hearts are filled with larceny.

Features

Emancipation, Frustration of Visitation and Child Support Image

Emancipation, Frustration of Visitation and Child Support

Jerome A. Wisselman & Randall Malone

Last month's article discussed relieving a parent of the duty to pay child support because a custodial parent has continually interfed with court-ordered visitation. The discussion continues herein.

Features

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Drug & Device News

ALM Staff & Law Journal Newsletters

The latest important information.

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MOST POPULAR STORIES

  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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