Business Law

Our members form the heart of the Business Law Section. Whether you are in your first year of membership, or your tenth, we remain focused on providing content and opportunities to ensure that you are engaged in the practice and development of business and commercial law. Read more

The Business Law Section is pleased to announce that James P. Hill has been selected to receive the Business Law Section’s 2022 Lifetime Achievement Award. Read more

This is a reminder that our next meeting is Wednesday, July 20, 2022 at 11:00 am by Zoom (link: Launch Meeting - Zoom). Read more

In Censo, LLC v. New Rez, LLC, 2022 WL 1055936 (No. NV-21-1125-LTF) (9th Cir. BAP April 5, 2022)(“Censo”), the United States Bankruptcy Appellate Panel for the Ninth Circuit (the “BAP”) ruled that the post-petition entry of a judgment against the plaintiff debtor on a defendant’s counterclaims in a District Court quiet title claim action initiated by the debtor against the defendant did not violate the automatic stay. Read more

After plaintiff Dar Saini was treated at a Sutter Health emergency room, he received a $4,593 bill that included a $2,811 evaluation and management services (EMS) fee. Read more

In yet another circuit court ruling on Article III standing to assert consumer claims under a federal statute, here the Fair Credit Reporting Act (FCRA), the Eighth Circuit Court of Appeals (the Court) denied standing to a prospective employee who was denied employment when a criminal background check showed an undisclosed felony on her record. Read more

The Court largely denied franchisor plaintiff and counter-defendant ReBath LLC’s motion to exclude the expert testimony of franchisee defendant and counter-plaintiff HD Solutions, LLC’s (“HDS”) damages expert. Read more

All BLS members are invited to attend the July 27, 2022, Zoom meeting of the IDEAA Subcommittee at 3:30 pm. James Hadden, a director of the Museum of Us, will talk about the institutional change the Museum undertook in view of diversity and inclusion principles. The Museum of Us, known for decades as the San Diego Museum of Man, is an institution with deep colonial roots. Read more

Ostensible agency theory fails where patient’s personal physician performs surgery at a hospital. Read more

The Bankruptcy Appellate Panel for the Sixth Circuit (the BAP) recently held that the “shared-responsibility payment” (SRP) assessed under the Affordable Care Act (ACA) for failure to purchase health insurance was a “tax” measured by income for priority purposes in a bankruptcy proceeding. In re Juntoff, 636 B.R. 868 (6th Cir. BAP March 21, 2022). Read more