Business Law

Personal representative could not compel production of a minor’s medical records without proving they were withheld in bad faith. Read more

In Matter of Texxon Petrochemicals, L.L.C., 67 F.4th 259 (5th Cir. 2023), a case perhaps more interesting for what it analyzed but didn’t decide than what it did, the United States Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) discussed the application of equitable mootness in regard to a proceeding on appeal after the bankruptcy case was dismissed but no plan had been confirmed.  Read more

On August 14, 2023, the CDI issued a Notice of Export List Public Hearing setting the hearing date at 10:00 a.m. on September 14, 2023.  Read more

On April 27, 2023, the U.S. Court of Appeals for the Seventh Circuit issued an opinion adopting the preponderance-of-the-evidence standard for turnover actions under Bankruptcy Code § 542.  In re Dordevic, 67 F.4th 372 (7th Cir. 2023). Read more

The Bankruptcy Court for the Eastern District of California recently issued a decision analyzing the implications of using DocuSign and other electronic methods of signing affidavits and other documents, ultimately sustaining evidentiary objections to trial declarations for improper presentation of sworn written testimony. Read more

The Bankruptcy Court for the Eastern District of Michigan (the Court) denied chapter 7 debtors’ discharge under Bankruptcy Code § 727 (a)(2)(B) when it concluded after trial that the debtors’ election to apply expected tax refunds based on 2019 returns, filed post petition, toward 2020 tax liabilities was a transfer of property made with intent to hinder the chapter 7 trustee.  Read more

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