Business Law

On December 16, 2021, Judge Colleen McMahon of the United States District Court, Southern District of New York, vacated the order confirming Purdue Pharma’s Chapter 11 plan of re-organization, holding that the bankruptcy court had no power to impose a non-consensual release by third parties of their direct claims against non-debtors. Read more

Jet Rescue transported two Kaiser Medicare Advantage enrollees by air from Mexico to a Kaiser hospital in the United States. The enrollees assigned their claims for benefits under Kaiser’s plans to Jet Rescue. Read more

On February 7, 2022, the California Court of Appeal ruled on the narrow issue of whether an amended complaint for penalties pursuant to the Labor Code Private Attorneys General Act of 2004 [Lab. Code 2698 et seq. Read more

In a recent published opinion, the Eleventh Circuit Court of Appeals affirmed a district court’s decision to unseal unguarded, opinionated emails produced in discovery by a defendant entity involved in a change in the liver allocation policy authorized by the Read more

This case gave the Ninth Circuit an opportunity to revisit the issue of whether websites can enforce mandatory arbitration clauses found in hyperlinked "terms and conditions" that users never read. Read more

In this opinion, the Massachusetts Supreme Judicial Court answered the following certified question from the U.S. Court of Appeals, First Circuit: 

“Whether the three-prong test for independent contractor status set forth in [the independent contractor statute] applies to the relationship between a franchisor and its franchisee, where the franchisor must also comply with the FTC Franchise Rule.” Read more

There are numerous instances over the years where parties have attempted, using state court statutes such as California Civil Code section 1717, to recover their attorneys fees in bankruptcy cases. Read more

Dr. Arnold Scheer filed whistleblower claims under Labor Code section 1102.5, Government Code section 8547 et seq., and Health and Safety Code section 1278.5 against the Regents. H Read more

In Rattagan v. Uber Techs., Inc., 19 F.4th 1188, 1189 (9th Cir. 2021), the United States Court of Appeals for the Ninth Circuit certified the following question to the California Supreme Court since there is no controlling precedent: Whether claims for fraudulent concealment are exempt from the economic loss rule under California law. Read more

Aurora Vista Del Mar, LLC, a psychiatric hospital, employed unlicensed mental health workers to monitor and assist patients. One worker, Juan Valencia, sexually abused two Aurora patients. Read more