Business Law

Medical expert’s declaration that lacked factual details and a reasoned explanation for concluding that no surgical malpractice occurred failed to negate a triable issue of material fact. Read more

County violates no ministerial duty by sending 5150 patients with mental (but not physical) health disorders to an acute hospital’s emergency department. Read more

In a recent published opinion, the Ninth Circuit Court of Appeals held that an individual who receives a collection letter in violation of 15 U.S.C. 1692c(a)(2) of the Fair Debt Collection Practices Act (the “FDCPA” or “the Act ) has Article III standing. The plaintiff received a letter directly from a debt collector when the collector knew he was represented by counsel, which was a violation of the Act.  Six v. IQ Data International, Inc., ___ F. 4th ____, 2025 U.S. App. LEXIS 4172 (9th Cir. February 24, 2025).  To view the opinion, click here: Read more

The following is an update written by Leonard Gumport on a recent case of interest. Summary In 2019, the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) granted a preliminary injunction (the “Preliminary Injunction”) that temporarily stayed creditors of chapter 11 debtors Purdue Pharma L.P. (“Purdue”) and its affiliates (collectively, “Debtors”) from pursuing disputed claims against certain Sackler family members (the “Sacklers”). In 2020, in Dunaway v. Purdue Pharm. L.P. (In re Purdue Pharm.… Read more

Prepared by Michelle Emeterio An October 17, 2024 court order in JRUCW, Inc. v. Starbucks Corporation, No. CV 22- 7374-DMG (KSx), 2024 WL 5338586 (C.D. Cal. Oct. 17, 2024) granted defendant Starbuck’s Corporation’s motion for summary judgment on California Franchise Relations Act (“CFRA”) and related claims. Claims Plaintiffs JRUCW, Inc., JRUCW Pizza, Inc., and others (“Plaintiffs”) filed an action against Starbucks Corporation (“Starbucks”) in the Los Angeles County Superior Court on September 8, 2022, which was later removed to the… Read more

As many of you know, CLA solicits program proposals for the annual meeting and we in the BLS look to the standing committees for potential proposals.  Read more

Darren Nunn is a Partner at McCorriston Miller Mukai MacKinnon LLP in Honolulu, Hawaii, where he specializes in corporate, M&A, and public finance law. With over two decades of legal experience, Darren provides strategic counsel to private companies and state and local governments, advising on corporate governance, venture capital and private equity financing, mergers and acquisitions, and public offerings of municipal securities. Read more

As you read this, we stand not only as legal professionals but as citizens of a state that has been tested, remains resilient, and is now beginning to rebuild.  The devastation caused by the 2025 Los Angeles wildfires is a stark reminder of nature’s power, but it is also a testament to the enduring spirit of Californians.  Read more

According to the Third Circuit Court of Appeals (the Circuit Court) there is a distinction between whether ERISA applies to and governs a retirement plan and whether the plan complied with ERISA’s requirements to receive tax benefits.  Therefore, even if the debtors’ defined benefit retirement plans were not “qualified” under ERISA because of violations in their use, they still were excluded from his bankruptcy estate by 11 U.S.C. § 541(c)(2).  McDonnell v. Gilbert (In re Gilbert), ___ F4th ___, 2024 WL 4645582 (3rd Cir. November 1, 2024).  To view the opinion, click here: Read more

The Sixth Circuit Court of Appeals (the Circuit Court) recently affirmed the district court in concluding that denying chapter 7 debtors a discharge under 11 U.S.C. § 727(a)(2)(B) when they elected to apply tax year 2019 tax refunds to potential tax year 2020 taxes was improper because the bankruptcy court’s factual finding that they did so with actual intent to hinder creditors was clearly erroneous.  Read more