Yesterday, the California Court of Appeal affirmed California Superior Court Judge James P. Kleinberg’s judgment sustaining a demurrer in a shareholder derivative action against the officers and directors of Yahoo! Inc. ...more
Virginia civil procedure provides a defendant with two principal avenues to challenge the sufficiency of a plaintiff’s claim. The first, a demurrer, contends that even if all well-pled facts are true, the complaint is...more
Christopher Hill, LEED AP and Virginia construction lawyer discusses a recent case concerning construction and an exception to the Virginia economic loss rule, namely fraud in the inducement....more
Alliance for the Protection of the Auburn Community Environment, et al. v. County of Placer, SCV0028200 (3rd Dist., February 18, 2013).
In Alliance for the Protection of the Auburn Community Environment v. County of...more
Appellate courts invariably face lawyers who fail to follow the rules that govern appeals. Learned Hand famously threw a 150-page brief over the bench and onto counsel's table after exclaiming that he would not read it...more
A California court recently granted Symantec’s demurrer in a lawsuit that challenged its proxy statement disclosures in connection with an annual meeting. For those of us who haven’t been to law school recently, a demurrer...more
The statute of limitations defense seems simple: when a party has waited too long to bring a claim, the claim is barred by the passage of time prescribed by the Legislature. Complexity arises when the following factors are...more