Practice and Procedure

Claim Isn’t Disallowed if the ‘Statute’ Lapses After the Claim Is Filed

Judge Goldblatt of Delaware wrote an opinion where the answer was self-evident but there was no authority on point.

June 2023

Supreme Court Hears Oral Argument on Tribal Sovereign Immunity

It appears as though the Supreme Court will decide Lac du Flambeau based entirely on textual analysis of Section 106(a), which does not explicitly abrogate sovereign immunity as to Native American tribes.

Lack of Reliance on Representation Isn’t a Defense to a Constructive Fraudulent Transfer

Damages for a constructively fraudulent transfer were the difference between what the buyer paid and what the business was really worth, based on accurate income and expenses.

June 2023