Business Law

Medical screening business can be liable (as an employer’s agent) for FEHA violations. Read more

The Bankruptcy Appellate Panel for the Ninth Circuit (the BAP) published a recent opinion to confirm that the discharge injunction does not protect a debtor’s alter egos.   Read more

The United States Supreme Court recently ruled that a Minnesota county’s retention of excess proceeds from a tax sale of a taxpayer’s home was a taking without just compensation, in violation of the Takings Clause in the Fifth Amendment to the United States Constitution.  Read more

In In re Purdue Pharma L.P., 633 B.R. 53 (Bankr. S.D.N.Y. 2021) (Purdue 1), United States Bankruptcy Judge Robert D. Drain approved the nonconsensual third-party releases in the joint chapter 11 plan (the “Plan”) of debtors Purdue Pharma L.P. (“Purdue”), Purdue Pharma Inc. Read more

On November 30, 2022, in In re Mylife, 2022 Bankr. LEXIS 3363 (Bankr. C.D. Cal. 2022) (MyLife), United States Bankruptcy Judge Ernest M. Robles granted the motion of MyLife.com, Inc. (“MyLife”), a debtor-in-possession, to enjoin David A. Rancourt (“Rancourt”) from pursuing an arbitration and related litigation in Florida against MyLife’s chairman and CEO, Jeffrey P. Tinsley (“Tinsley”). Read more

Hospital’s failure to provide pretreatment disclosure of emergency medical evaluation fees beyond what is required by statute is not actionable. Read more

On February 18, 2021 there appeared in the ILC E-Bulletin a previous article I authored regarding the case of In re Evans, 618 B.R. 493 (Bankr. E.D. Mich.2020). Read more

The United States Supreme Court recently ruled that a Minnesota county’s retention of excess proceeds from a tax sale of a taxpayer’s home was a taking without just compensation, in violation of the Takings Clause in the Fifth Amendment to the United States Constitution. Read more

Health plan’s duty to transport conservatee to psychiatric facility for assessment and evaluation is triggered by an authorized professional’s custodial determination, not by the conservator’s demand. Read more

In Pancic v Lokan (In re Lokan), 2023 WL 401408 (9th Cir. BAP 6/14/2023) (unpublished), the Bankruptcy Appellate Panel for the Ninth Circuit ("BAP") held that the chapter 13 debtors converted their case to Chapter 7 in good faith and therefore a post-petition inheritance was not property of the chapter 7 estate. Read more