Circuit Demands that Prefiling Injunctions Be Clear and Precise
Constitutional principles create a loophole for frivolous litigation.
Stern Objections Always Must Be Raised to Avoid Potential Malpractice
The lawyer who lost Wellness International may be facing malpractice liability.
Calculation of Punitive Damages Did Not Consider Amount of Attorneys’ Fees
$50,000 in punitive damages held excessive when actual damages were $1,500.
Divorcing Couples Not Stuck with Exemptions Claimed at Filing
You need two homestead exemptions? Divorce is the answer.
Preference May Be Offset by an Unpaid Administrative Claim, Judge Carey Rules
Automatic disallowance under Section 502(d) held not applicable to administrative claims.
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.
Even Without Implied Repeal, Filing a Stale Claim Does Not Violate the FDCPA
Louisiana bankruptcy judge splits with Eleventh Circuit’s Crawford decision.
Section 303(a) Precludes Substantive Consolidation Among Religious Institutions
Pleading hierarchical control is insufficient for substantive consolidation.
Third Circuit Precludes WARN Act Liability for Acquirers in Typical LBOs
Common ownership and management aren’t enough to prove ‘single employer’ liability.
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.