Case Updates

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

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

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

In In re Cambridge Land Co. II, LLC, 626 B.R. 319 (B.A.P. 9th Cir. 2021), defendants in a state court legal malpractice action filed by bankrupt limited liability companies (LLCs) appealed bankruptcy court orders reopening the LLCs’ previously dismissed Chapter 11 cases for administrative purposes only. Read more

Courtesy of CEB, we are bringing you selected legal developments in areas of California business law that are covered by CEB’s publications. This month’s feature is from the July 2021 update to California Business Litigation. References are to the book’s section numbers. The most significant legal developments since the last update include developments in such important topic areas as unfair competition, trade secrets, antitrust, trademarks, copyrights, patents, business torts, and unfair employment practices. Read more

California's Rosenthal Act (similar to but broader than FDCPA) can apply to nonjudicial foreclosures. Read more

Court rejected a creditor's request for retroactive stay relief but granted relief to re-file and prosecute a lawsuit creditor had filed against debtor during debtor's prior bankruptcy case in which creditor obtained a default judgment. Read more

Even though Amazon was not a manufacturer, distributor, or retailer of a product available for sale through its website by a third party seller, it was subject to strict product liability. Read more

Plaintiff had standing to challenge a debt collector's transmission of personal information to debt collector's mailing service and that practice may have violated FDCPA. Read more