Background: The Wyoming Supreme Court sustained the State’s bill of exceptions and held that a Laramie County district court should not have dismissed criminal charges against Mark Anthony Martinez under Wyoming Rule of Criminal Procedure 48. The decision clarifies that a trial court may continue a case beyond Rule 48’s 180-day speedy-trial period in the due…
Held: Justice John G. Hill, writing for a unanimous court, concluded that Osban did not control. In Osban, the trial court vacated a timely trial setting without prior notice based on the mistaken view that the defendant was unavailable, then later invoked the due administration of justice as a different justification. Martinez, by contrast, requested the competency suspension, knew the original…
Background: Daikin Applied Americas provides and maintains heating, ventilation, and air-conditioning systems for institutional customers. Two employees, Joseph Russo and Andrew Porter, had access to customer information, project pricing, margins, equipment information, and bids. Daikin alleged that they forwarded confidential materials to personal email accounts, formed competing company RPAC LLC while still employed, left Daikin, and…
Held: The Supreme Judicial Court unanimously affirmed and rejected that presumption. A party seeking a preliminary injunction must show likely success on the merits, irreparable harm without interim relief, and that its threatened harm outweighs the harm an injunction would impose on the opponent. MUTSA authorizes injunctions according to “principles of equity.” Those principles demand a case-specific showing; they do not…
Background: An AfD member of the Bundestag sought interim relief against three disciplinary measures imposed by the AfD parliamentary group: a €5,000 fine, a three-month ban on appearing at parliamentary-group events, and exclusion for six sitting weeks from delivering plenary speeches on the group’s behalf. The group’s executive committee said the member’s statements had significantly harmed…
Held: The Federal Constitutional Court dismissed the applications for an interim order as inadmissible. Under Section 32(1) of the Federal Constitutional Court Act, an applicant must substantiate a threatened serious disadvantage and show that emergency relief is urgently required. The member failed to explain how enforcement of the sanctions would cause the asserted “almost complete impairment” of his parliamentary participation.
Background: Mme [J] [R], an employee of company [1], applied in April 2018 for recognition of left cervicobrachial neuralgia as an occupational disease. Because that condition was not listed in an official occupational-disease table, recognition under the supplementary system required both proof that the disease was essentially and directly caused by her usual work and a…
Held: The Court of Cassation dismissed the appeal. It held that, for a disease not appearing in an occupational-disease table, the relevant disability rate is the “anticipated rate” assessed by the medical-control service for the file prepared for referral to the regional occupational-disease recognition committee. If that rate is below 25%, the disease cannot be recognized as occupational under the applicable…
Background: Boaz Adi Nahum and two related companies applied to the Tel Aviv–Jaffa District Court for an order commencing insolvency proceedings against Contempo Holdings Ltd. They alleged that Contempo owed them money and was removing assets to place them beyond creditors’ reach. Although a separate civil action concerning the alleged debt remained pending, they argued that…
Held: Justice David Mintz denied leave to appeal, without costs. The Supreme Court concluded that the challenged rulings had largely been overtaken by subsequent developments and that the relevant issues were not yet ripe for appellate determination. The District Court had not reached a final decision on whether the dispute over the debt was genuine and was still considering evidence from…
Background: Essar and Nayara, both Indian companies, entered into an Agreement for Sale to implement an earlier arbitral award involving Indian Oil Corporation Limited. That award required Nayara to pay a specified amount in exchange for make-up gas. A dispute arose because IOCL calculated interest using a higher principal sum, producing an alleged excess-interest charge of…
Held: The High Court dismissed the application in its entirety. Essar failed to establish any of its four asserted breaches of the fair-hearing rule: inadequate opportunity to answer Nayara’s alleged “no instructions” defence; reliance on a mistaken understanding of Essar’s case; adoption of reasoning based on s 63 of India’s Contract Act 1872 without adequate notice; and failure to decide Essar’s…
Background: Stewart Norrie operated a bed-and-breakfast on Maui under a permit requiring him to remain on the property while guests were present and to comply with government regulations. After neighbors reported noise, disturbances, and Norrie’s absence from the property, and police responded to a gathering held during COVID-19 restrictions, the Maui County Department of Planning revoked…
Held: The Hawaiʻi Supreme Court held that the forty-five-day period began on November 24, 2021, when the final brief was filed and the proceeding was submitted for decision. It also held that the required findings and conclusions were part of the BVA’s decision and order. The BVA satisfied that requirement when it adopted proposed findings and conclusions already in the record…
Background: Adam Kohn sued Glenmede Trust Company, N.A., and Robert Siewert in 2016 over an investment-management-services contract. He voluntarily dismissed that action in 2017 and filed a second action within one year. After the trial court dismissed the second action without prejudice under Civ.R. 41(A)(2) in August 2022, Kohn filed a third action in January 2023.
Held: The Supreme Court of Ohio held that R.C. 2305.19(A) contains no one-use restriction. Once an action has been timely commenced, a plaintiff may commence another action after a qualifying failure other than on the merits, provided the new action is filed within one year of that failure or within the original limitations period, whichever is later. A claim is not…
Background: Avanton Capital CC Limited engaged LUC Construction Limited under a design-and-build contract for three industrial units at Culvert Court, London. After practical completion was certified in April 2025, disputes arose over the final account. LUC commenced seven adjudications concerning valuation issues, while Avanton commenced an adjudication alleging that LUC had failed to serve a valid…
Held: Mr Justice Constable granted summary judgment and refused a stay. Although Avanton was a special-purpose vehicle with little cash, substantial secured borrowing, and negative net assets, LUC established only a possible—not probable—inability to repay. Avanton had historically received substantial group funding, its ultimate parent had significant positive net assets, and there was evidence that support would continue. The absence of…
Background: Police stopped Shawna Rae Pendleton in October 2021 because her vehicle registration had expired. During the stop, Officer Tad Miller conducted a free-air sniff around the vehicle with his drug-detection dog, Edo. Edo closely sniffed the driver’s-side and passenger-side doors and briefly touched at least one exterior door handle with the tip of his nose.…
Held: The Idaho Supreme Court reversed the suppression order. It held that a drug dog does not “intermeddle” with a vehicle—and therefore does not commit the type of trespass that constitutes a Fourth Amendment search—merely by making fleeting, minimal contact with the vehicle’s exterior. Intermeddling requires contact of a character or degree that meaningfully interferes with the owner’s possessory interest, not…
Background: Advanced Drainage Systems Inc (ADS) sued Microstrain Limited, trading as CubicM3, over its RainSafe stormwater attenuation chambers. ADS alleged that Cubic copied aspects of ADS’s StormTech chamber design, including sub-corrugation features, used ADS marketing and installation materials, passed off RainSafe products as StormTech products, and infringed ADS’s STORMTECH trade mark.
Held: The High Court ordered tailored discovery from both sides, repeatedly applying relevance, necessity and proportionality. It largely granted ADS discovery concerning RainSafe’s design and development, confusion between the products, specified projects where StormTech materials may have been used before RainSafe was supplied, and RainSafe marketing. It narrowed categories that would capture abandoned designs, broad customer complaints, or excessive volumes of…
Background: Tahmoor Coal Pty Ltd owned a coal mine south-west of Sydney that had ceased active operation around February 2025. Court-appointed liquidators obtained lender funding to keep the mine in care and maintenance, pay employees needed for that work and the sale process, and conduct a sale campaign. The mine and other assets were sold under…
Held: Black J held that the expenses funded by the loan—apart from excluded legal disbursements—were properly within the equitable lien recognised in Re Universal Distributing Co Ltd. The evidence showed that the expenditure on payroll, maintenance, compliance, environmental work, utilities, equipment and sale-related costs preserved the mine’s value and enabled its sale. Creditors claiming against the sale proceeds could not take…