LexisNexis® Legal Newsroom
2 Subprime Suit Dismissal Motion Rulings

In two separate decisions, two courts issued opinions in cases that each related in different ways to Credit-Based Asset Servicing and Securitization, LLC , also known as C-Bass. As discussed below, Judge Rakoff has issued an opinion substantiating his prior dismissal motion rulings in the C-Bass subprime...

Lawsuit Filed Against Deutsche Bank Claims Las Vegas Condo Buyers Deceived

LOS ANGELES - A lawsuit was filed July 19 in Los Angeles County Superior Court by the law firm Lurie & Park LLC on behalf of three people who placed deposits towards condominiums at the Cosmopolitan of Las Vegas ( Wendy Na, et al. v. Deutsche Bank, et al. , No. BC441872, Calif. Super., Los Angeles...

Oregon Federal Jury Returns Defense Verdict In 3 Shoulder Pain Pump Cases

PORTLAND, Ore. -- An Oregon federal jury on Oct. 15 returned three defense verdicts in a trial against the manufacturer of a drug infusion pump and a distributor ( Christina McClellan v. I-Flow Corporation , et al,, No. 07-1309, Juan Huerta v. I-Flow Inc., et al. , No. 07-1310-AA, Danny Arvidson v. DJO...

Lawsuit Attacks Conditions At Mississippi Juvenile Lockup

JACKSON, Miss. - (AP) A federal lawsuit claims guards at a Mississippi juvenile lockup have smuggled drugs to inmates, had sex with some of them and denied others medical treatment and basic educational services. The Southern Poverty Law Center, the American Civil Liberties Union and Rob McDuff, a Jackson...

Challenging Plaintiff's Proof Of Reasonable Alternative Design

By William A. Ruskin In the majority of jurisdictions, to establish a claim for design defect in a product liability action, the plaintiff must present some proof of a "feasible alternative design" or "reasonable alternative design." In an article published in the IADC Product...

Choice of entity: Five items to consider when choosing your startup entity structure

One of the first major decisions the founder of a startup will need to make is regarding choice of entity. While there are numerous different forms of entities to choose from, the three most commonly utilized by startups are: limited liability company (LLC); C corporation; and S corporation. Each type...

Missouri: Commission Pierces Corporate Veil for LLC Owners

Want to pierce the corporate veil? Go ahead, according to the Labor and Industrial Relations Commission in a 2-0 decision which found uninsured Missouri business owners operating out of their home personally liable for more than $72,000 for a claimant who fell from a ladder in 2008 while installing duct...

Use Predictive Coding and Get an E-Discovery Vendor, Judge Says, Or Tell Me Why You Shouldn't

Years ago, humorous writer Fran Lebowitz was asked about criticism of a judge overseeing one of the highest profile murder trials of all time. The jurist was taking heat for what people viewed as a laid back or merely observant role in the courtroom, allegedly enthralled by the performances of the legendary...

William A. Ruskin: Frye Decision In BMW Case Results In Exclusion Of Plaintiff's Experts

By William A. Ruskin In a thoughtful decision handed down in Reeps v. BMW of North America, LLC , 2012 N.Y. Slip Op.33030(u) [ enhanced version available to lexis.com subscribers ], on December 16, 2012 in New York County Supreme Court, the Hon. Louis B. York excluded the expert testimony of plaintiff's...

Emergency Application Filed With U.S. High Court Seeking To Halt NLRB Actions

WASHINGTON, D.C. — (Mealey’s) CSC Holdings LLC and its direct subsidiary Cablevision Systems New York City Corp. filed an emergency application with Chief Justice John G. Roberts Jr. on July 1 seeking to halt National Labor Relations Board (NLRB) proceedings concerning unfair labor practice...

Emergency Application Filed With U.S. High Court Seeking To Halt NLRB Actions

WASHINGTON, D.C. — (Mealey’s) CSC Holdings LLC and its direct subsidiary Cablevision Systems New York City Corp. filed an emergency application with Chief Justice John G. Roberts Jr. on July 1 seeking to halt National Labor Relations Board (NLRB) proceedings concerning unfair labor practice...

Chief Justice Denies Request To Shut Down NLRB

WASHINGTON, D.C. — (Mealey’s) U.S. Supreme Court Chief Justice John G. Roberts Jr. on July 2 denied an emergency application filed a day earlier seeking to halt National Labor Relations Board (NLRB) proceedings pending a decision on the dispute over “recess” appointments to the...

Chief Justice Denies Request To Shut Down NLRB

WASHINGTON, D.C. — (Mealey’s) U.S. Supreme Court Chief Justice John G. Roberts Jr. on July 2 denied an emergency application filed a day earlier seeking to halt National Labor Relations Board (NLRB) proceedings pending a decision on the dispute over “recess” appointments to the...

Missouri: Court Ponders Whether Insurer Can Direct Care When Missouri Employer Closes Its Business

Do insurers gain the right to select a medical provider when the employer is no longer in business? In Lyman v Missouri Employer's Mutual Insurance Company , 2013 Mo. App. Lexis 970 (August 23, 2013) [ version available to lexis.com subscribers ], the court of appeals reversed a summary judgment...

Ballard Spahr LLP: Caveat Venditor (Let the Seller Beware): Consumer Protection Procedures Act Strikes Again in the District of Columbia

By Roger D. Winston, Shelah F. Lynn and Timothy P. Martin A recent court decision emphasizes the need for real estate developers to proceed with caution when making representations to potential home buyers in the District of Columbia, as well as in other jurisdictions with similar consumer protection...

Babst Calland: Gateway Royalty to Pay Utica Shale Landowners for Rights to Future Royalties

By Jason M. Zoeller Gateway Royalty, LLC , a royalty acquisition company based in Carrollton, Ohio, has raised $58.5 million to pay Utica shale play landowners for rights to their future royalty payments. Gateway’s goal is to invest in a broad range of oil and gas royalties across the eastern...

Federal Food, Drug, And Cosmetic Act Did Not Preclude Lanham Act Challenge That Asserted That Labeling, Marketing, And Advertising Was Misleading

On June 12, 2014, the United States Supreme Court decided the case of POM Wonderful LLC v. Coca-Cola Co., 189 L. Ed. 2d 141 (U.S. 2014) . POM Wonderful, LLC (POM) filed its initial action against Coca-Cola asserting that the labeling, marketing, and advertising for one of Coca-Cola’s juice blends...

Cadwalader Clients & Friends Memo: FERC Versus State Authorities: Supreme Court Agrees to Review ONEOK v. Learjet

On July 1, 2014, the U.S. Supreme Court granted a petition to hear an appeal by several companies contending that antitrust claims filed against them under state law over alleged manipulation of gas prices during the western energy crisis from 2000 to 2002 were precluded by the Natural Gas Act (“...

Must Insured First Prove Prima Facie Case? An LLC Is Not an Employee

When an insured acquires an insurance policy the insured promises, among other things, to first prove that when presenting a claim for indemnity the Insured will establish a prima facie (on its face) case that coverage is available. In Network F.O.B., Inc. v. Great American Ins. Co. of New York , Slip...

Supreme Court To Decide If Bankruptcy Lawyers Can Get Fees For Pursuing Bonus Fees

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Oct. 2 agreed to decide whether the U.S. Bankruptcy Code gives bankruptcy courts discretion to award lawyers their fees for successfully defending applications for enhanced attorney fees ( Baker Botts, LLP, et al. v. ASARCO, LLC , No...

Payment Of Attorneys For Defending Fee Requests Debated In Supreme Court

WASHINGTON, D.C. — (Mealey’s) There is no basis in the law for categorically denying payment to lawyers for successfully defending their fee applications in bankruptcy cases, attorney Aaron M. Streett of Texas law firm Baker Botts LLP told the U.S. Supreme Court Feb. 25 in a case in which...

Legislative Damage Caps Found Unconstitutional In Tennessee

On March 9, 2015, Judge W. Neil Thomas, III of the Circuit Court of Hamilton County, Tenn., found the statutory caps for noneconomic damages in Tenn. Code Ann. § 29-39-102 to be unconstitutional. The statute, enacted in 2011, added a cap for recovery of noneconomic damages of $750,000 per injured...

John Dedon On Estate Planning: Are Asset Discounts on Family Transfers a Thing of the Past?

Perhaps the primary estate planning strategy utilized in reducing gift and estate tax for several decades has been taking advantage of discounts for family transfers of closely held businesses and real estate interests. These same discounts also apply to marketable securities if packaged properly in...

Troutman Sanders LLP: Supreme Court Grants Certiorari of Cases Involving FERC’s Authority Over State Capacity Programs

On October 19, 2015, the United States Supreme Court (“Supreme Court”) granted certiorari for a consolidated case involving the limits of FERC’s jurisdiction when regulating state capacity programs. The cases— Hughes v. PPL EnergyPlus, LLC and CPV Maryland, LLC v. PPL EnergyPlus...