Litigation

Recent Posts

Bankruptcy's Unique Characteristics Prompt Special Guidance From ABA Working Group
Posted on 5 Oct 2012 by LexisNexis Litigation Resource Community Staff

Earlier this year the ABA ESI in Bankruptcy Working Group issued interim guidelines on the "scope and timing" of a party's obligation to preserve ESI in bankruptcy cases. The group comprises both sitting and former judges, bankruptcy and... Read More

John D. Eaton Joins Rasco Klock Reininger Perez Esquenazi Vigil And Nieto
Posted on 25 Mar 2011 by LexisNexis Litigation Resource Community Staff

CORAL GABLES, Fla. - Bankruptcy and creditors rights attorney John D. Eaton has joined Rasco Klock Reininger Perez Esquenazi Vigil and Nieto's Bankruptcy Team. Eaton's practice is focused on matters regarding creditors rights, and specifically... Read More

U.S. High Court Seeks View Of Solicitor General In Bankruptcy Exemption Case
Posted on 4 Dec 2012 by James Cordrey

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Dec. 3 asked the U.S. solicitor general to provide perspective on whether a bankruptcy court has the power to levy a financial charge against a Chapter 7 debtor's residential property, which... Read More

3rd Circuit Upholds Conversion Of Skinner Bankruptcy To Chapter 7
Posted on 26 Jul 2012 by Emerson Heffner

PHILADELPHIA - (Mealey's) A bankruptcy court has the authority to determine at the disclosure statement stage that a Chapter 11 reorganization plan is unconfirmable without first holding a confirmation hearing if it is obvious that the plan is patently... Read More

U.S. Supreme Court Agrees To Hear 'Defalcation' Bankruptcy Case
Posted on 29 Oct 2012 by James Cordrey

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Oct. 29 agreed to hear a case to determine whether a defalcation was committed by a debtor who, prior to filing for bankruptcy, had been appointed the trustee of his father's life insurance... Read More

U.S. Supreme Court Refuses To Hear ‘Popcorn Lung’ Personal Injury Case
Posted on 3 Nov 2014 by James Cordrey

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Nov. 3 denied certiorari in a personal injury case for what is called “popcorn lung” brought against the makers of artificial butter flavoring used in microwave popcorn (... Read More

Gibraltar Pays $65 Million To Settle Rothstein Ponzi Claims
Posted on 18 Sep 2012 by Michael J. Lello

FORT LAUDERDALE, Fla. - (Mealey's) The trustee for a bankrupt feeder fund and the trustee of convicted Ponzi schemer Scott W. Rothstein's law firm have agreed to an amended $65 million settlement with Gibraltar Private Bank and Trust Co., a bank... Read More

Lawniczak On 6th Circuit's Interpretation Of Bankruptcy Code §1328(f)(1) In Carroll v. Sanders
Posted on 15 Nov 2010 by James Lawniczak

In this Emerging Issues Analysis, James M. Lawniczak looks at a decision of first impression from the Sixth Circuit U.S. Court of Appeals, Carroll v. Sanders (In re Sanders), 551 F.3d 397 (2008), interpreting Bankruptcy Code Section 1328(f)(1), added... Read More

Judge Recommends $12M Settlement On Bad Peanuts
Posted on 26 Aug 2010 by LexisNexis Litigation Resource Community Staff

RICHMOND, Va. - (AP) A federal judge is recommending approval of a $12 million settlement for those sickened or killed in last year's salmonella outbreak tied to a Virginia-based peanut processor. U.S. Magistrate Judge Michael Urbanski in Lynchburg... Read More