Litigation

In its recent opinion in Taggart v. Lorenzen, the Supreme Court decided that “[a] court may hold a creditor in civil contempt for violating a discharge order if there is no fair ground of doubt as to whether the order barred the creditor's conduct.” Although this standard appears to be new, it is more than a century old and “brings the old soil” from civil contempt with it.

This is the third in a series of articles exploring whether parties to a commercial lease can contractually waive a tenant's right to seek a Yellowstone injunction. In a recent ruling, the Court of Appeals, in 159 MP Corp. v Redbridge Bedford, LLC, left no doubt that a contractual waiver of a right to seek a declaratory judgment and/or a Yellowstone injunction in a commercial lease is enforceable.

Merger Doctrine Precludes Unit Owner's Action Against Sponsor

Denial of Site Plan Upheld

Stay of Warrant of Eviction Constitutes Reasonable Accommodation Under Fair Housing Act

Statute of Limitations Does Not Bar Foreclosure
Mortgage on Church Property Not Properly Authorized
Sale Contract Precludes Fraud Claim
Seller's Representations Did Not Survive Closing
Foreclosure Action Time Barred
Mortgagor Fails to Establish Forgery
Mortgagee May Bring Action on Promissory Note; Not Limited to Foreclosure Remedy
Summary Judgment Denied In Action to Set Aside a Deed for Fraud

The DOJ's intervention, and the judge's ultimate decision, has exposed tensions between the DOJ and FTC, and within the FTC itself, and public scrutiny is far from over as the case heads to the Ninth Circuit on appeal.

In the last five years, the courts have instead began wading into policy setting without the tools and resources to fully consider all the issues and various interests. Thus, the recent congressional efforts to consider these questions is welcome and, frankly, overdue.