May 22, 2018
District and bankruptcy courts reach diametrically different results on identical facts regarding the same defective medical device.
May 21, 2018
A ‘cert’ petition is in the works to resolve the circuit split from Lubrizol regarding the rejection of trademark licenses.
May 18, 2018
Income is included in calculating CMI, even if it’s not ‘stable and regular.’
May 17, 2018
Can plaintiffs sue Puerto Rico government officials in their individual capacities? Two district judges disagree.
May 16, 2018
‘Exhaustion’ is not required before compelling the IRS to return funds taken in violation of discharge.
May 15, 2018
Judge Lafferty lays out the standards for specific personal jurisdiction over a foreign defendant who received stolen property.
May 14, 2018
Testimony that’s not credible can be a ‘false oath’ leading to a denial of discharge.
May 11, 2018
Ninth Circuit opinion is prime for Supreme Court review regarding the extent of a bankruptcy court’s contempt powers.
May 10, 2018
Payments made after threats and demands are not eligible for the ‘ordinary course’ preference defense.
Practice point: Be sure that a chapter 13 discharge excepts debtor’s unpaid counsel fees.