Business Law

Court reversed summary judgment in favor of credit reporting agency where the agency had reported a mortgage delinquency, and was notified that the mortgage had been discharged in bankruptcy, yet did not conduct a per se reasonable investigation into the disputed information, which was a potential violation under the FCRA. Read more

Under Massachusetts law, a pharmacist correctly filling a prescription could not be held liable for damages suffered by a patient under a claim for breach of implied warranty under the UCC. Read more

In Kasolas v. Nicholson (In re Fox Ortega Enterprises, Inc.), -- B.R. --, 2021 WL 1605169 (Bankr. N.D. Cal. 2021), the bankruptcy court ruled on summary judgment that delivery of product by the debtor to its customer, who had previously ordered and paid for the product, constituted an avoidable fraudulent conveyance because (1) the delivery came after threats by the customer relating to the non-delivery of the product, and (2) the debtor’s principal, later, in a criminal proceeding, conceded that the operation of the business was, at least in part, a Ponzi scheme. Read more

Litigation financing is being used by attorneys, bankruptcy trustees, and debtors to address the financial challenges associated with insolvency litigation & reorganizations. Read more

The Hon. Elizabeth Feffer and Everett L. Green will discuss the alter ego doctrine and the appropriate and inappropriate uses of the doctrine, pleading requirements, and strategies to minimize the risk of alter ego liability. Read more

The panel will discuss compelling damage models in business cases. Attention will be given to limitations of damages, evidentiary issues, pre-trial motions, expert testimony, strategic and tactical decision-making, and contract drafting techniques. Read more

Rehabilitation center that could reasonably foresee its patient’s suicide may not assert superseding cause defense to wrongful death claim. Read more

The United States Bankruptcy Court for the Central District of California denied the motion of Chapter 11 debtor and debtor-in-possession Innerline Engineering, Inc. to extend the time to file its case initiation documents, notwithstanding that the motion was filed timely and submitted on the court’s approved local bankruptcy form. Read more

The following published decisions may be of interest to attorneys practicing insurance law. Read more

In In re Arno Arutyunyan, 2021 WL 755770 (B.A.P. 9th Cir. 2021), the United States Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the bankruptcy court’s dismissal of the creditor’s adversary complaint on grounds that it was filed late. Read more