Case Updates

In In re Dao, __ B.R. __, No. 20-20742, 2020 Bankr. LEXIS 1260 (Bankr. E.D. Cal., May 11, 2020), Judge Christopher Klein published a decision joining the majority view that the termination of the automatic stay under Section 362(c)(3) is only with respect to the debtor and does not terminate as to estate property. Read more

In a case of first impression, perhaps anywhere in the country, interpreting provisions of the Uniform Commercial Code, the Court of Special Appeals of Maryland ruled that the discovery rule does not apply to toll the statute of limitations to enforce a note payable on demand as set forth in UCC § 3-118(b). Read more

June 2020 By Monty McIntyre Monty McIntyre California Case Summaries™ (https://cacasesummaries.com) Monty A. McIntyre, Esq. is the publisher of California Case Summaries™ which provides short summaries, organized by legal topic, of every new published civil and family law case helping California lawyers easily keep up with the new case law in their practice areas. Monthly, quarterly and annual single-user and discounted multi-user subscriptions are available. Monty hasbeen a California civil trial lawyer since 1980, a member of ABOTA since 1995,… Read more

The Supreme Court of Hawaii, over a strong dissent, altered the procedure and proof necessary to establish the amount of a deficiency judgment after a foreclosure sale due to default on a mortgage. Rather than establishing the amount of deficiency by subtracting the foreclosure sale price from the balance due on the mortgage, the majority adopted the approach favored by a majority of other jurisdictions and the Restatement (Third) of Property, in which the greater of the fair market value as of the date of the foreclosure sale or the sale price of the property is deducted from the amount due. Read more

In a May 1, 2020 order, Chief Magistrate Judge Joseph Spero denied Uber’s motion to dismiss a monopolization complaint filed by Sidecar, a defunct ride-hailing company that claims it was driven out of business by Uber’s alleged anticompetitive practices in the ride-hailing market. The case is SC Innovations, Inc. v. Uber Technologies, Inc., No. 18-cv-07440-JCS, 2020 WL 2097611 (N.D. Cal., May 1, 2020). Read more

In a relatively short period of time, the United States Court of Appeals for the Ninth Circuit decided two reorganization cases involving the growing and sales of marijuana in very different manners, and for very different reasons. Read more

Matthew Wicks went to Antelope Valley Hospital’s emergency room for stomach, chest, and neck pain. Hospital nurses and two independent contractor ER doctors evaluated him. He was then discharged with instructions to see a cardiologist the next day, but he died eight hours later from an acute aorta dissection. Read more

The Bankruptcy Appellate Panel for the Eighth Circuit has held that contractual default interest provision is not subject to a liquidated damages analysis under Missouri or bankruptcy law and therefore is allowed as part of a secured claim. Read more

In a case of first impression, the United States Court of Appeals for the Ninth Circuit held recently that a trust created by an individual for tax and estate planning purposes is entitled to receive all state and federal consumer disclosure protections for a consumer credit transaction. Read more

Ruth Goros sued Kindred Healthcare, which operated the nursing home where she lived, for failing to provide timely treatment after she suffered a stroke. Goros argued that Kindred’s negligence caused her “permanent and irreversible [and eventually fatal] brain damage.” Kindred moved for summary judgment as to causation, supporting its motion with a neurologist’s declaration that Kindred’s conduct was unrelated to Goros’s injuries. Read more