(St petersburg attorney) Comfort v. Lynn Sch. Comm.
More info…
(U.S. 1st Cir., Civil Procedure, Education Law) In an action involving a race-based student assignment policy, district court’s denial of plaintiff’s motion for relief from final judgment is affirmed where plaintiff’s claims do not come within any of the circumstances under rule 60 (b)(5) from which relief from a final judgment may be justified, as the prior judgment upon which the district court’s order rested has not been reversed and the prior judgment has no prospective application as defined in context.
Corporate Mgmt. Advisors., Inc. v. Artjen Complexus, Inc.
(U.S. 11th Cir., Civil Procedure) The remand of Plaintiff’s action to state court is affirmed, where the failure to allege facts sufficient to establish subject matter jurisdiction in a notice of removal is a defect in the removal procedure.
Troyk v. Farmers Group, Inc.
(Cal. App., Civil Procedure, Class Actions, Commercial Law, Consumer Protection Law, Insurance Law) In a class action suit against Farmers Insurance, grant of plaintiff’s motion for summary judgment is reversed where plaintiff did not carry his burden to show there is no triable issue of fact regarding the element of causation for his standing under the Business and Professions Code to prosecute the Unfair Competition Law cause of action on behalf of the class members. Defendant violated the Insurance Code’s disclosure requirement, as the term “premium” includes a service charge imposed for the payment in full of the stated premium for policy’s one-month term, which was not disclosed in the policy.
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