Court Of Appeal Holds That Courts Can Order Parties To Engage In Dispute Resolution

The Court of Appeal’s hotly anticipated decision in James Churchill v. Merthyr Tydfil County Borough Council1 has been handed down. It holds that courts have the power to stay proceedings for, or order, parties to engage in a non-court-based dispute resolution process.
Background
James Churchill bought a property adjoining land owned by the Merthyr Tydfil County Borough Council. Churchill claimed that Japanese knotweed encroached from the council’s property to his own, causing damage.

When Churchill issued proceedings, the council […]

By | January 8th, 2024 ||

Splitting Causation: First Circuit Sets The Stage By Accepting Anti-Kickback Appeal

The U.S. Court of Appeals for the First Circuit may soon contribute to a widening circuit split over the issue of what causation standard under the Anti-Kickback Statute (AKS) triggers liability under the False Claims Act (FCA).

On November 17, 2023, the First Circuit granted the defendant’s petition to appeal the summary judgment ruling in United States v. Teva Pharm. USA Inc., No. 20-11548-NMG, 2023 WL 4565105 (D. Mass. July 14, 2023). The First Circuit, noting […]

By | January 6th, 2024 ||

Georgia Appellate Court Addresses Notice Provided By Unsigned Security Deed

In a thorough and detailed opinion, the Court of Appeals of Georgia, Second Division, held that a security deed lacking the necessary signature can still provide inquiry notice to the purchaser even if the purchaser fails to conduct due diligence and investigate the chain of title. After competing motions were filed by the Plaintiff, WW3 Ventures, and Defendant, BNY Mellon, the Court appointed a special master who recommended that title vest in the Plaintiff, […]

By | December 20th, 2023 ||