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In Child Support Cases, Judges Appear Reluctant to Extend Sixth Amendment Rights Image

In Child Support Cases, Judges Appear Reluctant to Extend Sixth Amendment Rights

Marcia Coyle

A former solicitor general and a former Supreme Court clerk vigorously sparred before the justices in March over whether indigent persons have a constitutional right to counsel if they face jail for failing to pay child support.

Features

Beware of 'Calculations' of Business Value Image

Beware of 'Calculations' of Business Value

Rob Schlegel & John Kotlarczyk

Recent cases highlight how dangerous experts can be when they report that their finding of business value is based on a "calculation."

Features

Medicare and Medicaid Issues in Insolvency Cases Image

Medicare and Medicaid Issues in Insolvency Cases

Andrew H. Sherman & Adam J. Glanzman

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.

Features

Bankruptcy Claims Traders Alert Image

Bankruptcy Claims Traders Alert

Scott J. Friedman & Mark G. Douglas

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.

Features

Buyer Beware Image

Buyer Beware

Lawrence S. Goldberg & David M. Hillman

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.

Features

Failure to File Post-Trial Motions Means $18.5 Mil. Verdict Stands Image

Failure to File Post-Trial Motions Means $18.5 Mil. Verdict Stands

Gina Passarella

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.

Features

Practice Tip: Top 10 Tips for Defending Mass Torts in NJ Image

Practice Tip: Top 10 Tips for Defending Mass Torts in NJ

James J. Ferrelli & Alyson B. Walker

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.

Features

The Products Liability Act, the Economic Loss Rule and the Integrated Product Doctrine Image

The Products Liability Act, the Economic Loss Rule and the Integrated Product Doctrine

Christopher P. DePhillips & Phillip C. Bauknight

This article provides a summary and analysis of the recent New Jersey Supreme Court decision, <i>Dean v. Barrett Homes, Inc.<i>; 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.

Features

<i>En Banc</i> Rehearing Demanded on Facebook-ConnectU Settlement Image

<i>En Banc</i> Rehearing Demanded on Facebook-ConnectU Settlement

Ginny LaRoe

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, <i>The Social Network</i>. 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.

Features

TV Reality Show Arbitration Clause Binds Non-Signing Participant Image

TV Reality Show Arbitration Clause Binds Non-Signing Participant

Noeleen G. Walder

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 <i>Wife Swap</i> 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.

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