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The same attorney cannot represent both a corporation and those of its officers or shareholders who are sued by a minority shareholder in a derivative action.  Read More

Attorney was disqualified from defending his brother against suit by brother’s former lover whom attorney had previously represented, when the lover produced direct evidence of she had shared relevant confidential information with attorney. Attorney represented Costello in a suit about an easement over property she owned. At the time Costello was romantically involved with Attorney's brother, Buckley. Later, that romantic… Read More

Ordinarily, a movant has no standing to seek disqualification of another party's attorney unless the movant had a prior attorney-client, confidential, or fiduciary relationship with that attorney.  Husband does not have standing to seek disqualification of wife's counsel in a marital dissolution proceeding. Husband sought disqualification on the ground that counsel had purchased the couple's former residence from wife to… Read More

To preserve a statute of limitations defense, the answer must (1) allege facts showing that the action is time-barred and showing that the defense of the statute of limitations is being raised, or (2) plead the specific section and subdivision of the CCP which is applicable and bars the suit; catch-all references to a range of statutes are insufficient to… Read More

If a qui tam False Claims Act suit rests on genuinely new and material information not publicly disclosed by a government audit, report, hearing or investigation, the suit may proceed though it arises from the same transactions as the prior public disclosure. Read More

Plaintiffs injured by a another manufacturer’s generic version of a brand name drug may recover from the brand name drug’s manufacturer on claims for negligent failure to warn of and negligent misrepresentation about potential adverse side effects of the drug. Read More

Alabama violated the Full Faith and Credit Clause by refusing to give binding effect to a Georgia court’s adoption decree in favor of a female partner of the children's mother. Read More

Though it bears the label "trust," a real estate investment trust is a separate legal entity which can sue and be sued; so for diversity purposes, it is a citizen of every state of which any of its members is a citizen. Read More

An unfair competition action is governed by the UCL's four-year limitations period, even when it alleges unlawful conduct under another statute that is governed by a shorter limitations period; this rule applies even when the predicate statute is federal, rather than state. Read More

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