Business Law

In a case which signals the death of the “person aggrieved” test for standing for bankruptcy appeals, the Ninth Circuit Court of Appeals (the Court) ruled that a large unsecured creditor lacked Article III standing to appeal the bankruptcy court’s enhanced fee award to the Chapter 11 trustee.  Matter of E. Coast Foods, Inc., 66 F.4th 1214 (9th Cir. 2023). Read more

State-law tort and statutory claims against health insurer are expressly preempted by Medicare Part C.  Read more

The Bankruptcy Court for the Western District of Tennessee (the Court) utilized the doctrine of quasi-estoppel to prevent the Internal Revenue Service from asserting that certain tax debts of chapter 7 debtors were nondischargeable.  In re Anderson, 650 B.R. 510 (Bankr. W.D. Tenn. 2023). Read more

Courtesy of CEB, we are bringing you selected legal developments in areas of California business law that are covered by CEB’s publications.  This month’s feature is from the July 2023 update to Internet Law and Practice in California.  References are to the book’s section numbers.  The most significant legal developments since the last update include developments in such important topic areas as copyright, patent, disability accommodation, electronic contracting, privacy, cybersecurity, and First Amendment issues.  Read more

CMA’s standing to sue health insurer under the UCL based on diverting resources to oppose a business practice presents a triable issue. Read more

When is a foreclosure final for purposes of determining if it occurred pre-petition or post-petition? The Bankruptcy Court for the Eastern District of California (the “Court”) recently denied a motion by a buyer at a nonjudicial foreclosure sale to annul the automatic stay to validate his purchase of the property and to allow him to evict the debtor who owned and resided in the property. Read more

As the summer marches on, as we conclude another productive month of July at the Business Law Section! It is an exciting time, and one of significant transition for our beloved section. Read more

The Bankruptcy Appellate Panel (“BAP”) for the Ninth Circuit reversed a Nevada bankruptcy court’s decision to dismiss an involuntary chapter 7 bankruptcy case for lack of subject matter jurisdiction. Read more

In Masingale v. Munding (In re Masingale), 644 B.R. 530 (9th Cir. BAP 2022), the Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeal (the “BAP”) held that an asset was fully exempt where chapter 11 debtors listed the value of their claimed exemption as “100% of FMV” and no objection to the exemption was filed.  Read more

The following published decisions may be of interest to attorneys practicing insurance law. Read more