LexisNexis® Legal Newsroom
Lee Berlik
West Virginia Bank Wins Dismissal of Contract Claim for Lack of Personal Jurisdiction

Virginia's long-arm statute extends personal jurisdiction to the fullest extent permitted by due process. A Virginia court may exercise specific jurisdiction over a defendant when the defendant has sufficient minimum contracts with Virginia such that...

Margit Livingston
Professor Margit Livingston on Commercially Reasonable Dispositions of Collateral Under U.C.C. Article 9

The Code has two requirements for foreclosure sales: (1) The secured party must give reasonable notification of the impending sale and (2) the secured party must engage in a commercially reasonable disposition of the collateral. In a recent decision by...

Robinson & Robinson, LLP
Enforceable Security Agreement Implied From Bill of Sale—UCC § 9-203

Tough Company, Inc. v. Wurlitzer 2014 Cal. App. Unpub. LEXIS 633 (Cal. App. 3d Jan. 28, 2014) (Not Officially Published) [ an enhanced version of this opinion is available to lexis.com subscribers ] In a legal battle between a “Tough Company”...

Margit Livingston
Professor Margit Livingston on Article 9 Secured Parties vs. Lien Creditors Post-Default

Excerpt: Secured parties under U.C.C. Article 9 have a love-hate relationship with the cash proceeds of their collateral. On the one hand, a security interest in original collateral (inventory or accounts, for example) will remain attached and perfected...

Robinson & Robinson, LLP
Statutory Conversion of Check Under UCC 3-420: Delivery Required

LDI Growth Partners LLC v. JPMorgan Chase Bank, N.A. (California Court of Appeal, 2013 Cal. App. Unpub. LEXIS 7995, First Dist., Div. 5; November 5, 2013; unpublished) [ an enhanced version of this opinion is available to lexis.com subscribers ] ...

Lee Berlik
Deceitful Behavior Not Enough to Warrant Preliminary Injunction

Upon a litigant's motion, a court can enter a " preliminary injunction " preventing a party from pursuing a particular course of action until the conclusion of a trial on the merits. A preliminary injunction is considered an extraordinary...