The Children's Investment Fund Management ("TCI") and 3G Capital Partners ("3G") were hedge funds that entered into cash-settled total return equity swap agreements referencing shares of CSX Corporation ("CSX"). They...

Defendants Springfield Realty Corporation and Bernard Young, the corporation's owner and executive officer, sought to acquire land from the creditor (Cheshire Oil Company) to build a shopping center. The parties agreed that the consideration paid...

Porter Properties E.P.I.’s office was located on the fourth floor of the Enterprise Place building in Beachwood, Ohio. Porter owned the Enterprise building, and lease office space to Progressive and other tenants. Porter hired Serv-All Maintenance...

Cariou v. Prince United States Court of Appeals for the Second Circuit May 21, 2012, Argued; April 25, 2013, Decided Docket No. 11-1197-cv Opinion  [***1498]   [*698]  Barrington D. Parker , Circuit Judge : In 2000, Patrick Cariou published Yes Rasta...

Smith v. Graham United States District Court for the Southern District of New York May 7, 2012, Decided; May 7, 2012, Filed 10 Civ. 3450 (JPO) (THK) Opinion REPORT AND RECOMMENDATION TO; HON. J. PAUL OETKEN, United States District Judge . FROM: THEODORE...

Defendant Bowman was indicted under U.S. Crim. Code § 35 that alleged a conspiracy to defraud a corporation, in which the United States was a stockholder, by obtaining payment on a false claim. The district court quashed the indictment for lack of...

The landowner installed and maintained the pool, deck, and slide, and knew that one going down the slide would land in about three and a half feet of water. The landowner did not consider the pool slide to be dangerous. The entrant was an adult who was...

Real party in interest Chad Kearns, whose property had long housed commercial stables, sought a conditional use permit from defendant County of Orange, California, to allow him to have wine tastings and special events on his property in the Modjeska Canyon...

Charlotte Hoffner had a paid membership to a fitness center, Fitness Xpress, one of several tenants located in a commercial building in Ironwood, Michigan. She drove to the building with the intent to exercise. The Lanctoes, who maintained the building...

The Food, Drug, and Cosmetic Act (FDCA) , grants the Food and Drug Administration (FDA), as the designee of the Secretary of Health and Human Services (HHS), the authority to regulate, among other items, "drugs" and "devices”. In...