California Lawyers Association
Business Law
Updates and events from the Business Law Section
Rights and remedies of a seller under PACA could be assigned to a factoring company, allowing the factoring company to sue the buyer and its principals in tort even when buyer mistakenly paid the account in full to seller rather than to assignee.
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California Lawyers Association (“CLA”) all in-person activities were suspended. The Business Law Section (“BLS”) has since operated remotely, with Standing Committees adapting to new operational protocol to continue to provide for constituents.
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Creditor's prepetition avoidance claim reverted to the creditor when abandoned by the Chapter 7 trustee.
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Amazon held strictly liable for a defective product sold on its website where Amazon was in the chain of distribution of the defective product.
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Both courts concluded that proceeds recovered under Bankruptcy Code section 551 should be used to pay general unsecured creditors rather than the junior lienholder.
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The Dental Board of California filed an accusation against orthodontist Mohammadrez Yazdi, charging that he had failed to comply with its subpoenas seeking dental records of numerous patients and that he had failed to pay administrative fines.
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The US Supreme Court's recent Acevedo decision does not prevent the bankruptcy court from retroactively lifting the automatic stay.
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In Deutsche Bank National Trust Company, Trustee v. Pototschnig, 200 Conn. App. 554, 2020 WL 5884059 (2020), the Appellate Court of Connecticut ruled that possession of an original mortgage note, endorsed in blank, creates a rebuttable presumption that the lender has standing to file a foreclosure action.
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Suzanne Stone had a health care plan governed by ERISA. Stone’s daughter received in-state treatment for an eating disorder that was approved by the plan administrator, but was discharged with a referral to a facility in Colorado offering a higher level of care.
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Community property presumption overrides the form of title presumption in a dispute between spouses and the bankruptcy trustee in husband's Chapter 7 case.
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