Almost every health care bankruptcy case involves Medicare or Medicaid payments in some form or fashion. Insolvency professionals should be aware of the many complications of Medicare and Medicaid payments and potential negative consequences in bankruptcy cases.
The Seventh Circuit recently affirmed a ruling that the purchaser of a claim based upon an executory contract that was ultimately rejected by a Chapter 11 DIP is not entitled to cure amounts as part of its allowed claim.
Secured lenders often consider an out-of-court foreclosure as a faster and more efficient alternative to a credit bid sale under Chapter 11. The Second Circuit Court of Appeals has nowthrown a monkey wrench into the foreclosure alternative.
The Pennsylvania Superior Court has upheld an $18.5 million verdict against grocery chains Safeway and Genuardi's because the chains did not file post-trial motions before appealing to the Superior Court.
With plaintiffs filing numerous cases in the Garden State, it is easy to fall into the mindset that New Jersey is for plaintiffs. Do not get caught in that trap and become complacent, filing rote motions and litigating on autopilot.
This article provides a summary and analysis of the recent New Jersey Supreme Court decision, Dean v. Barrett Homes, Inc.; it dealt with the application of the New Jersey Products Liability Act, the economic loss rule, and the integrated products doctrine in a factual context not previously considered by the court.
When the Ninth Circuit denied Cameron and Tyler Winklevoss and Divya Narendra's request to have their settlement with Facebook overturned last month, it made headlines, most likely due to the depiction of the legal battle in the Academy Award-nominated film, The Social Network. But despite being told by the court to be happy with the "quite favorable" settlement amount, the attorney leading the fight isn't ready to give up.
A teen beauty who slapped The Walt Disney Co. with a $100 million suit claiming she had been depicted as a bratty child on the reality TV show Wife Swap will not have her day in court. Alicia Guastaferro was 15 when her mother signed a release and waiver for her TV appearance, during which the daughter made the comment that she felt "sorry for people who aren't as gorgeous as me." Even though Guastaferro did not execute the release, Acting New York County Supreme Court Justice Saliann Scarpulla nonetheless held that she was bound by its arbitration clause.
To determine whether a defendant's work is substantially similar to a plaintiff's work in a copyright infringement case, courts generally first discard any unprotectable elements from the plaintiff's work. The U.S. District Court for the Southern District of New York recently ruled that the use of one actor to play multiple roles in the plaintiff's 1949 comedy film Kind Hearts and Coronets wasn't a protectable element for proving infringement by the authors of a stage musical adapted from the film.
More film productions have become international affairs, with shooting in faraway exotic locations, post-production in still other foreign countries, production funding from international sources, and sales in both foreign and domestic markets. The question then is how best to resolve disputes arising among the vast cast of characters in an efficient and cost-effective manner.
