Business Law

The United States District Court for the Southern District of New York (the Court) reversed a bankruptcy court order which granted a chapter 13 trustee’s motion to compel a debtor to turn over the net proceeds from the sale of her real property.  Read more

Family members placed Gorgi Talevski in a county-owned nursing home in Indiana when his dementia progressed to the point they could no longer care for him. Read more

Deanna Hodges worked for Cedars-Sinai Medical Center in an administrative role with no patient care responsibilities. Cedars terminated her employment because she refused to get a flu vaccine.  Cedars’s flu vaccine policy made exceptions for employees who established “a valid medical or religious exemption.” Employees who d Read more

On June 19, 2023, the CDI issued Bulletin 2023-5 indicating that the Export List remains unchanged.   The Export Lists identifies types of coverage or risk that can be placed on a surplus line basis without a diligent search of the admitted market because the Commissioner has determined that there is not a reasonable or adequate market among admitted insurers or that the type of coverage is for new, innovative products for which a reasonable or adequate market among admitted insurers has not had time to develop. Read more

Insurer had a duty to defend lawsuit alleging insured was liable for dog attack, even if lawsuit’s allegations that the insured owned the dog were false.  Dua v. Stillwater Insurance (2023) __ Cal.App.5th __. Read more

The United States Bankruptcy Court for the Southern District of Illinois (the Court) recently ruled that a chapter 7 trustee could uses the strong arm powers conferred upon him by 11 U.S.C. § 544(b)(1) to avoid a disclaimed inheritance as a fraudulent transfer pursuant to the Federal Debt Collection Practices Act (FDCPA or “the Act”). Samson v. Spencer (In re Spencer), 2023 WL 2563751 (Bankr. S.D. Ill. 3/17/23).  Read more

On March 7, 2023, the Bankruptcy Appellate Panel of the Ninth Circuit (the “BAP”) issued its memorandum decision in the case of In re Mack, 2023 WL 2397345 (B.A.P. 9th Cir. Mar. 7, 2023), affirming the bankruptcy court’s dismissal of a complaint under 11 U.S.C. §523(a)(4) for failure to state a claim under Federal Rules of Civil Procedure (FRCP) 12(b)(6).  Read more

Corrections officials may not engage in unconsented “patient dumping” of medically compromised parolees. Read more

A bankruptcy court for the Eastern District of California, Hon. Christopher M. Klein, held that the student loan liability of a Chapter 7 debtor is discharged after satisfying, by the requisite preponderance of evidence standard, all three elements of the Brunner-Pena test for establishing undue hardship. Read more

David Dubin overbilled Medicaid $338 by overstating the qualifications of employees who performed psychological testing. A jury convicted him of healthcare fraud under 18 U.S.C. § 1347 and aggravated identity theft under § 1028A. Read more