N.C. law: Woman can’t back out of sex once underway
Aaliyah Palmer was at a party when a man pulled her into a bathroom for sex. She was willing. But, she told Fayetteville police, when the sex turned violent, she told the man to stop. He didn’t listen
How Do You Prove Damages When Executives Breach A Non-Solicit Provision?
In 2011, a group of executives left Horizon Health Corporation for a competitor, Acadia, but they didn’t leave everything behind. Horizon’s president took a “massive, massive amount” of Horizon documents with him on an external hard drive. And despite provisions in their contracts prohibiting them from soliciting Horizon’s employees, the executives recruited a key member of Horizon’s sales team, John Piechocki, who copied lists of sales leads and added them to his new company’s “master contact list.”
Texas Supreme Court Will Decide Whether Texas Recognizes A Tortious Interference With Inheritance Claim
In Anderson v. Archer, the trial court’s judgment awarded the plaintiffs $2.5 million in damages based on a tortious interference with inheritance claim. No. 03-13-00790-CV, 2016 Tex. App. LEXIS 2165 (Tex. App.—Austin March 2, 2016, pet. granted). The defendants appealed and argued that Texas law does not recognize such a claim.
The Economic Loss Rule
The emergence and evolution of the economic loss rule is the most important development of the past generation in the American common law of torts.
Commercial Court upholds right of insurer to avoid policy for misrepresentation and non-disclosure
In Dalecroft Properties Ltd v. Underwriters [2017] EWHC 1263 (Comm), Mr. Richard Salter QC (sitting as a Deputy Judge of the High Court) confirmed the defendant insurers’ right to avoid a property insurance policy following various misrepresentations relating to the state of repair of the insured property and non-disclosures relating to acts of vandalism to the property.
Arizona Supreme Court Decides ICWA Transfer Case
The Community did not expressly waive its right to seek transfer; thus, the only waiver here would be implied because the Community did not seek transfer until after parental rights were terminated. However, “[t]o imply a waiver of jurisdiction would be inconsistent with the ICWA objective of encouraging tribal control over custody decisions affecting Indian children
The ALI Adviser is intended to inform readers about the legal topics and issues examined in many of ALI’s current projects; posts do not necessarily represent the position of the Institute taken in those projects. Posts on The ALI Adviser are written by ALI project participants, ALI members, and outside sources.