Business Law

The U.S. Bankruptcy Court for the Southern District of New York held that fraudulent transfer and turnover claims are “core” non-arbitrable claims and denied a motion to compel arbitration as to those claims. Read more

In re Heard, 2021 WL 3540412, (Bankr. D. Or. 2021) is a case in which a loan servicer mistakenly filed on inaccurate change notice in a Chapter 13 case Read more

Medical staff bylaws increasing the statutory burden of proof are unenforceable, entitling physician to a new peer review hearing Read more

Court affirmed award of attorneys' fees to third party beneficiaries of a contract with a prevailing party clause (Fee Applicants) after dismissal of a cross-complaint against them despite the fact that Fee Applicants were not parties to the contract and the award was based on tort, not contract claims. Read more

Join us for the 2022 Business Law Symposium for three excellent sessions you won't want to miss. Read more

California Supreme Court to decide whether claims for negligence, elder abuse, and wrongful death against entities providing Medicare benefits and services are preempted by Medicare Part C (42 U.S.C. § 1395w-26(b)(3)). Read more

In TransUnion LLC v Ramirez, the United States Supreme Court held that a plaintiff must suffer a concrete injury to have Article III standing to pursue damages for a statutory violation in federal court. Read more

The United States District Court for the Southern District of New York (the “Court”) recently affirmed a bankruptcy court decision which held that a third party had no rights to assert a “cure claim” under the provisions of Bankruptcy Code section 365(b)(1) Read more

In September 2021, Governor Gavin Newsom signed three bills that expand winery off-site tasting room privileges and grant alcohol beverage manufacturers the right to advertise and promote charitable donations in connection with the sale of alcohol. The laws will become effective on January 1, 2022. Read more

To assert a nondischargeability claim against the non-filing spouse of a bankruptcy debtor, a plaintiff must affirmatively obtain a nondishcargeability determination by commencing an adversary proceeding against that person within 60 days of the meeting of creditors. Read more