Rochellel's Daily Wire

August 09, 2016

Circuit Demands that Prefiling Injunctions Be Clear and Precise

Constitutional principles create a loophole for frivolous litigation.

D.C. Circuit, District of Columbia

August 08, 2016

Stern Objections Always Must Be Raised to Avoid Potential Malpractice

The lawyer who lost Wellness International may be facing malpractice liability.

7th Circuit, Illinois, Illinois Northern District

August 08, 2016

Calculation of Punitive Damages Did Not Consider Amount of Attorneys’ Fees

$50,000 in punitive damages held excessive when actual damages were $1,500.

11th Circuit, Alabama, Alabama Middle District

August 05, 2016

Divorcing Couples Not Stuck with Exemptions Claimed at Filing

You need two homestead exemptions? Divorce is the answer.

9th Circuit

August 04, 2016

Preference May Be Offset by an Unpaid Administrative Claim, Judge Carey Rules

Automatic disallowance under Section 502(d) held not applicable to administrative claims.

3rd Circuit, Delaware

August 04, 2016

Ability to Pay Debts Does Not Control on Section 707(a) Motions to Dismiss

Evading payment of a debt is a valid use of chapter 7, Florida judge rules.

11th Circuit, Florida, Florida Middle District

August 03, 2016

Even Without Implied Repeal, Filing a Stale Claim Does Not Violate the FDCPA

Louisiana bankruptcy judge splits with Eleventh Circuit’s Crawford decision.

5th Circuit, Louisiana, Louisiana Western District

August 02, 2016

Section 303(a) Precludes Substantive Consolidation Among Religious Institutions

Pleading hierarchical control is insufficient for substantive consolidation.

8th Circuit, Minnesota

August 01, 2016

Third Circuit Precludes WARN Act Liability for Acquirers in Typical LBOs

Common ownership and management aren’t enough to prove ‘single employer’ liability.

3rd Circuit

August 01, 2016

New York District Judge Lays Down Lenient Standard for Imputing Fraudulent Intent

Former Bankruptcy Judge Gerber reversed in Lyondell for being too strict, then for being too lenient.

2nd Circuit, New York, New York Southern District